Your score will be determined using the Critical Legal Thinking Case Rubric. Please read this rubric thoroughly BEFORE attempting this assignment. You should also consult the Critical Legal Thinking “How-to” rubric and the example case in the Critical Legal Thinking Case Assignments of the Syllabus.
Your score will be determined by evaluation of your substantive content. Your analysis and solutions must be based on the principles of law, ethics, and business – not on your opinions. You MUST describe how application of the principles to the key facts support your determination of the issues, in other words, you need to show the reasoning behind your decision.
Key facts are those facts that determine if the principles of law are met. You must demonstrate that you recognize the key facts in this case. List the key facts individually. Do NOT simply repeat or retype the factual scenario.
The length of your response has no bearing on your score. There is no minimum or limit, however most responses will be between two and three substantial pages.
Your assignment must be prepared using APA format. See the Tools and Resourcespage for more information about APA styling.
Ron supervises delivery of flowers for a wholesale distributor of fresh flowers, Flowers. Inc. In order to accommodate one of the company’s best customers, Ron offers to immediately rush a delivery of fresh peonies. All of the delivery trucks are currently out on delivery. Ron directs an employee, Ruth, to use her own vehicle to deliver the flowers.
Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a gasoline station one mile away. There is a tanker truck off-loading gasoline to the station’s gas tanks. The fire ignites the gasoline being pumped into the tanks, and one of the tanks explodes, causing part of the station structure to fall on and injure a passing motorist, Jim.
Can Jim recover damages from Ruth; from Flowers’ Inc? Why or why not?
Identify the cause of action. Discuss each element of the cause of action, and relate them to your assessment of whether Jim has a cause of action against Ruth.
Discuss the legal doctrine under which Jim might also recover from Flowers, Inc.
Criteria
Excellent
Good
Average
Needs Improvement
Recognize the applicable areas of law
12.5 – 11.25 points
Correctly states each area of applicable law.
11.24 – 10.0 points
Correctly states all but one area of applicable law.
9.99 – 8.75 points
Correctly states most of the areas of applicable law.
8.74 – 0 points
Misstates the areas of applicable law.
Identify the applicable principles of law
25 – 22.5 points
Correctly states each element or principle of law.
22.4 – 20.0 points
Correctly states most of the elements or principles of law.
19.9 – 17.5 points
Correctly states some of the elements or principles of law.
17.4 – 0 points
Correctly states only a few of the element or principle of law.
Identify the key facts
25 – 22.5 points
Correctly identifies each of the key facts.
22.4 – 20.0 points
Correctly identifies most of the key facts.
19.9 – 17.5 points
Correctly identifies some of the key facts.
17.4 – 0 points
Correctly identifies only a few of the key facts.
Apply the law to the facts to resolve the issue
25 – 22.5 points
States a decision that resolves the issue, supported by application of the elements or principles of law to the facts.
22.4 – 20.0 points
States a decision that resolves the issue, but fails to fully support it by application of the elements or principles of law to the facts.
19.9 – 17.5 points
States a decision that resolves the issue, but fails to support it by application of the elements or principles of law to the facts.
17.4 – 0 points
Fails to state a decision that resolves the issue.
APA format; Organization; Grammar, punctuation, and spelling
12.5 – 11.25 points
Good, logical organization with no errors.
11.24 – 10.0 points
Good, logical organization with only one or two errors.
9.99 – 8.75 points
Good, logical organization with several errors.
8.74 – 0 points
Confusing organization, or numerous errors.
Cumulative Points
Excellent
100.0 – 90.0 points
Good
89.9 – 80.0 point
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