課程名稱︰英美法導論
課程性質︰群組必修
課程教師︰張文貞
開課學院：法學院
開課系所︰法律系法學組
考試時間︰2006/11/13
是否需發放獎勵金：是
試題 :
Allison has worked for Global Inc. as a marketing consultant for ten years
since she obtained a MBA degree and moved to Boston, Massachusetts from her
hometown Austin, Texas. This year, Allison met with Catherine, and they were so
in love with each other as to decide to move into Allison's apartment to live
together as couples. Having learned the fact that Allison is a lesbian, Global
Inc. felt that the company's reputation would be undermined and decided to fire
Allison. Informed of her job loss, Allison felt being discriminated and became
very upset. When she discussed this with Catherine, Catherine mentioned that
there seems to be a federal law called "Title VII of the Civil Rights Act" that
prohibits employment discrimination based upon race, color, religion, sex or
national origin. They think that the company's decision to fire Allison would
be illegal. Now, Allison does not want to get her job back, but she would like
to bring a tort claim and sue the company for her job loss and emotional
distress amounting to 80,000 dollars. She would like to seek a lawyer's advice
on her litigation.
If you are the lawyer to whom Allison is seeking the advice, how would you
analyze her case? Based upon what you have learned so far in this semester,
please write a litigation plan for Allison, in which the following issues must
be addressed.
1) To whom would Allison sue? To which court should Allison go to? Why?
2) Can Allison's case be tried by jury? Would you advise her to have her
case tried by jury? Why or why not?
3) If Allison loses her case in the lower court, can she make appeals? Can
she take the case to the United States Supreme Court? Why or why not?
Your litigation plan shall be more than three pages but shall not exceed
six pages. This plan is due at 4pm, Thursday, November 16, 2006 without any
extension. Please submit the hard copy to the box before my office door.
Enfoy your work!
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