Verdict
Introduction and Alignment
Judges are required to render a verdict in certain situations. The judge must not only think about the current case but also the effect on future cases. Therefore, a judge must consider both the law and equity.
Resources
Textbook: Business Law Today
File: The Case of Speluncean Explorers.docx
Background Information
Within the different sources of law there are various classifications. Navigate to the threaded discussion below and compare civil law with criminal law. Your textbook offers a guide to get you started, Exhibit 6-1 on page 160.
Instructions
Navigate to the threaded discussion below and respond to the following:
Download and review The Case of Speluncean Explorers. A reprint of Lon L. Fuller’s article in its entirety can be found at http://people.brandeis.edu/~teuber/lawspelunk.html#spelunkers. State which judges you believe have persuasive arguments and which do not. Defend your answer with a detailed evaluation using clear, insightful critical thinking.
Based on the information presented in this hypothetical case, provide your verdict. In deciding this case, keep in mind that as a justice you have taken a solemn oath to uphold the laws of Newgarth. Don’t put the law aside in order to give effect to your moral convictions unless you think a good judge would do so. Defend your answer with a detailed evaluation using clear, insightful critical thinking.
Your initial post is due by the end of the fourth day of the workshop.
Read and respond to at least two of your classmates’ postings, as well as all follow-up instructor questions directed to you, by the end of the workshop.
Your postings should also:
Be well developed, providing clear answers with evidence of critical thinking.
Add greater depth to the discussion by introducing new ideas.
Provide clarification to classmates’ questions and provide insight into the discussion.
Assessment Criteria
Criteria
11 – 12 Points
8 – 10 Points
5 – 7 Points
0 – 4 Points
Quality
Your postings are well developed and answers provide clear evidence of critical thinking.
Your questions or observations add greater depth to the discussion by introducing new ideas and incorporating your reading assignment.
Your postings show some development and some critical thinking is evident in your answers.
Your questions and observations add to the discussion by expanding the ideas of others but only incorporated your reading assignment to a limited extent
Your postings show nominal development and only the beginnings of critical thinking.
Your contributions (questions or observations) do not clearly add to the discussion. Your posts also did not incorporate the textbook reading.
Your postings show no development and are mostly a reiteration of what the textbook or others have said.
Your questions and observations detract from the discussion.
Criteria
5 Points
4 Points
3 Points
2 Points
Timeliness
Your initial posting to the question or topic assigned in the workshop activity is made by the fourth day of the workshop.
Your initial posting to the question or topic assigned in the workshop activity is made by the fifth day of the workshop.
Your initial posting to the question or topic assigned in the workshop activity is made by the sixth day of the workshop.
Your initial posting to the question or topic assigned in the workshop activity is made by the seventh day of the workshop.
Criteria
7 – 8 Points
4 – 6 Points
1 – 3 Points
0 Points
Interaction
You respond to a minimum of two other classmates as well as all follow-up instructor questions directed to you.
You are clearly collaborative by taking the initiative to respond to classmates’ questions, providing clarification and insight on issues in the discussion.
You respond to two classmates and some of the instructor follow-up questions directed to you.
You are collaborative in some situations and show some initiative in workshop discussions.
You respond to two classmates but do not respond to instructor follow-up questions directed to you.
You show little initiative in discussions and your presence is not collaborative.
You do not respond to the postings of others in the discussion.
Total Points
25
