BUSINESS LAW, ITS MEMO RANDOM
This assignment 2 is based on assignment 1 that we have done earlier this semester. assignment 2 is asking for Simulation Exercise: Advocacy Memorandum Introduction: In this simulation, students are asked to analyze the Stipulated Facts and Longville case law, spot as many contract law issues as possible, and then write a 5-7-page memorandum (academic quality, double-spaced, memorandum format) that advocates a particular side of the dispute. The side you are to advocate for will depend on the first letter of your surname as follows: If your surname begins with the letter A – L: Advocate for Dr. Blackwell′s legal position in your memo If your surname begins with the letter M-Z: Advocate for Neurological Associates in your memo By ″advocate″ it is intended that you present the best legal argument supporting your party′s position based on the laws of the state of Longville. Assignment: Review the Concept Summaries and your notes from chapters 6 and 7 in the textbook. Study the Stipulated Facts and Longville case law in the Simulation Exercise. Compose a 5-7-page memorandum that focuses on the enforceability of the restrictive covenant. Your memorandum should contain: 1) a brief summary of relevant facts of the dispute (″brief″ meaning in about a page at most); 2) an explanation of each legal issue in the analysis with an application of legal rules or doctrines governing the dispute; 3) a list of all remedies that your side is entitled to; 4) a tenable solution to attempt to resolve the dispute in a non-judicial forum. [unique_solution]Your memorandum should articulate arguments that support your side of the case by citing directly from the Longville cases points of law and opinion excerpts (use a simple parenthetical citation format with the first name of case and point/excerpt number such as Wellspan at Point 2, or Regional at Excerpt b1”). You may use supporting legal arguments from other states, but be sure to properly cite to any other sources. Include the course textbook in your ″References″ or ″Works Cited″ section since it is at least the source of the problem and Longville case law. Be sure to explain why you cited a particular point. Start with your strongest argument and give an analysis as to the likelihood of success of each theory. In determining a tenable solution, carefully consider the objectives of each party (e.g., NA’s desire to protect their legitimate business interest; Blackwell’s desire to practice medicine in southwestern Longville). Grading Criteria: See Memorandum Evaluation form (Attachment A) for specific factors used in evaluating your memorandum. Due Date: Thursday, April 23, 2019 by 11:00pm Policy on Late Work: Due date is set to one week prior to the final exam due date to ensure you have a full week to prepare for the final exam. No late submissions will be accepted without documentation of significant hardship (true documented emergency, whether medical or otherwise) with advance instructor approval. No exception for any reason will be made if not requested and approved in writing before the assignment is due. Attachment “A” ______________________________________________________________________________ Memorandum Evaluation Student: ________________________ Possible Score Facts 10 Relevant summary of facts used throughout analysis Analysis 20 Demonstrated understanding of legitimate business interests 10 Demonstrated understanding of balancing tests 10 Demonstrated understanding of reasonable scope and duration 20 Used case law to support points 10 Offered a tenable non-judicial solution Writing style 10 Sentences were direct, clear and concise with appropriate syntax and legal expression 10 Paper format and appearance Comments: Total 100 we have got a very bad grade in assignment one due to the tutor not following the instruction and picking the wrong article, here is the requirement for assignment 1 so we can pick a new a article and use it to for assignment 2. Written Assignment: Simulation Exercise – Comparative Research Grid This exercise is based on the stipulated facts found on pages 310-315 of your textbook. Business Law Simulation Exercise for Managers: Contracts Assignment Sheet Introduction: In this simulation, students learn the fundamentals of legal research and then apply those skills to develop a grid/chart that compares the enforceability tests, legal standards and requirements for non-compete restrictive covenants in Florida to that of the mythical State of Longville. Assignment: Review Chapters 6 and 7, then read the Stipulated Facts and Longville cases in the simulation. You will utilize Nexus Uni, a legal database available as a ″databases″ link from the EFSC library, for conducting your legal research. There are three tutorial videos included in the Week 4 Module of varying lengths. The first two are most helpful, while the third one is a longer more comprehensive webinar. There is also a ″Tips″ link at Nexus Uni to provide assistance in how to search for case law. There are also free databases such as FindLaw® or the Legal Information Institute at Cornell Law School for looking up statutory and case law. Prepare a grid that compares the laws governing restrictive covenants in medical practices in the State of Longville with the law in your own state. Be sure to name the cases or statutes that you use as a reference to complete the grid. The grid should be prepared as follows: Longville Florida Law Legitimate business interests in medical practices recognized by Longville courts and statutes; (Give examples) Legitimate business interests in medical practices recognized by Florida courts and statutes: (Give examples) Balancing Tests: Employer vs. Employee interests; and Employer/Employee interest verses Public interest Balancing tests: Florida law Reasonably necessary in scope and duration (Give examples from cases) Reasonable scope and duration according to Florida law (cases / statutes) Due Date: February 6, 2019 11:00pm Policy on late work: Late work will NOT be accepted except in cases of documented emergency Questions you should address in conducting your research into the law: Issue Sample questions Legitimate business interest To NA: What specific legitimate business interests are you alleging? o How can medical practices have trade secrets? o Can a small practice actually generate enough goodwill to qualify as a legitimate business interest? o What kind of investment did you make in Blackwell that is similar to the one in the Wellspan case? To Blackwell: Why isn’t NA’s patient referral base protectible? Balancing Tests To Blackwell: Doesn’t the balancing test weigh favor of NA since they are merely attempting to protect their patient base and referral base? Since the practice is specialized, isn’t it even more important to enforce the covenant given the devastating impact that your relocation could have on their revenue from patients? To NA: Given the lack of neurologists in the region, doesn’t public policy demand that Dr. Blackwell be released from the agreement despite your protectible interests? Doesn’t the restriction result in a situation whereby patients cannot choose their own physician? Competition To NA: Could it reasonable be said that NA is really not a “competitor” of Galway Hospital? Does a small practice really compete with a large city hospital for patients? To Blackwell: If your current patients find out that you left, isn’t it reasonable to assume they would be willing to drive 30-40 minutes extra in order to continue care under you? If so, isn’t that competition? Reasonably necessary in scope and duration To Blackwell: Given that the neurology is practiced throughout Longville, why can’t NA protect their interests in their patient base and referral base in entire the 50-mile radius? Couldn’t you simply locate your practice outside the restricted area? To NA: The case law does not give an exact number of years, but there are no cases that provide for a three-year covenant such as the one Blackwell signed. Why is three years necessary to protect your interest? i have attached assignment 1 that the other tutor did and my instructor feedback was (How did you learn the things you say are in Florida law? Did you find cases to support these propositions? What are the cases? You′ve mentioned a single case as representing Florida law, Cotman, that is not a Florida case. It is a ruling by a federal district court in Pennsylvania.) so it was the wrong article additional information needed to complete the assignment is nexis uni access to find the article https://advance-lexis-com.db02.linccweb.org/bisacademicresearchhome?crid＝7a5f6e62-e84e-421e-8bc0-d25e6fb9cf38&pdmfid＝1516831&pdisurlapi＝true i have attached the chapter from the book as well Please let me know if you need a video to help with Nexis Uni Advanced Search Form