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Harry’s Story – Case Analysis
In this story you will read about a gentleman named Harry and other actors during
this particular week and the events that transpire. As you read the story, try to:
1) identify the legal issue that arises and FULLY discuss whether or not the
character in the story has made or taken a correct or incorrect action/ or
statement regarding the law. (For example, if the issue misidentified invloves
lawful searches without a warrant, do not simply discuss “stop and frisk” or one
type of search but let me know that you know and can define all the
circumstances or types of warrantless searches)
2) If the character has made an incorrect statement or taken an incorrect action
regarding the law, then explain why what they did or said was incorrect and
identify the correct statement or action that should be taken or made.
3) Note: it is not just the statements of the main character that you should be
evaluating. You should review all statements by all the characters in the story. Our Story Begins…
Harry, is a reasonably well informed business owner – or at least that is what he
believes. He took a Business law course when he attended community college to
obtain his Associate Degree, but unfortunately, he slept through most of the class
and did not quite pick up on all the information he should have.
One day while driving to work going at a rather quick pace, Harry was stopped by
a policy officer. When the officer stopped Harry, the officer informed him that he
was stopped because his emission sticker had expired, indicating he had not yet
had a vehicle emissions inspection. The officer told Harry that per the case law
promulgated by the Department of transportation, Harry was in violation and
that is why he was given a ticket. The officer could clearly see that Harry was
irritated and told Harry that he could take the matter up with the state
Department of Transportation, a part of the judiciary branch of goverment .
Becoming upset by what he believed to be an overreach of power Harry told the
officer “ This is ridiculous and a clear violation of the 8th amendment”. I am taking my case directly to the U.S. Supreme court! What is your name officer? “ I am a
legal Positivist and this is unfair and immoral and I will not let my rights be
violated. After the incident with the officer, Harry finally arrived at the office and was
greeted by his sister, Sally. Sally is employed by Harry as his administrative
assistant. Sally was upset and was dealing with a domestic issue. She was aware
that Harry had taken a Law course in college and decided to seek some advice.
Sally told Harry that her husband, Josh had been slapping her around last night
and being verbally abusive as well. She did not know what to do and asked for his
advice. Clearly concerned, Harry told Sally that Josh’s actions constituted Assault
which is a Negligence offense. Harry told Sally that she could not bring criminal
charges against Josh if she decided to file a Negligence claim against him in Civil
court. He said she would have to decide whether she wanted to press criminal
charges against him or if she wanted to sue him in civil court, but that she could
not do both. Harry also began to tell her what to expect if her case went to trial.
He told her that if she sues in a civil case then Josh would have to prove that he
did not hit her. In other words Josh, being the plaintiff in the case would have the
burden of proof is she sued him. He said if she pressed criminal charges agains
Josh instead, it would be the same procedure. Josh again, would have the burden
of proving that he did not hit Sally. Sally thanked Harry for his advice and
proceeded to act upon it.
Upon going through the office mail, Harry notices a letter that was received by
certified mail and begins to open it first. He reads the letter and realizes it is from
the U.S. Treasury Department (IRS) and it states that Harry is in arrears on his
business income taxes in the amount of $100.00. The letter states that Harry
must forfeit (give up) all of his office furnishings, computers and other property
within 10 days and cites the U.S. tax codes that give them agency authority to do
so. Inconsolable, Harry begins to pack his belongings for IRS seizure so that he is
not in violation of the IRS directive.
The following day, Sally goes to the local county courthouse to press charges
against Josh, but sees that there are several potential litigants filing domestic
petitions and she does not have the time to wait in line to file a case. She sees that the parking lot of the Federal Courthouse is nearly empty and decides that
she will file her case in Federal court instead so that she can save time and have
her case heard right away.
As if things could not get any worse during this week, police officers show up at
Harry’s office with a warrant for his arrest. They state that they have information
from a government informant that Harry has been using his business for the last 5
years to hide money he is actually obtaining by operating a meth lab. They also
say that the informant has told them that at the same time during the last 7 years
that Harry has operated a fraudulent phishing scheme over the internet selling
insurance policies without a license to sell insurance. After telling him the crimes
for which he is charged, the officers say nothing more to Harry and put the cuffs
on him and take him to the precinct. Case Analysis Rubric
Issue(s) are
identified by
student. Student
will be told in the
assignment how
many legal
issues there are
in the case.
Applicable
Rule(s) of law
per the textbook
have been
identified by the
student 100 points
Most or all
legal
issue/problems
presented in
the case are
mentioned/iden
tified by the
student
Most or all
legal rules that
would apply in
the case are
mentioned/iden
tified by the
student Student
attempts to
explain/analyze/
match the facts
of the case
against the
elements of the
rules of law to
explain why the
rule(s) identified
in the case are
correct/applicabl
e to the case at
hand. Students
analysis/
explanation is
well thought
out and
articulated.
The student
uses all or most
of the relevant
facts and does
a thorough job
of explaining all
the elements of
the rules(s) 50 points
At least 50%
(1/2) of the
issue/problems
presented in
the case are
mentioned/iden
tified by the
student
At least 50%
(1/2) of the
legal rules that
would apply in
the case are
mentioned/iden
tified by the
student
Students
analysis/
explanation is
well thought
out and
articulated.
The student
uses at least 50
% of the facts
given in the
case facts and
does a
thorough job of
explaining most 25 points
At least 25%
(1/4) of the
issue/problems
presented in the
case are
mentioned/ident
ified by the
student
At least 25% (1/4)
of the legal rules
that would
applyin the case
are
mentioned/identifi
ed by the student 0 points
No legal issues
are identified or
the assignment
was not
submitted. Students analysis/
explanation is
somewhat
articulated. The
student uses at
least 25 % of the
facts given in the
case facts and
does a moderate
job of explaining
most the
elements of the
rules(s) they have
chosen. Student ignores
the facts within
the case, gives
their opinion
and articulates
demonstrates a
poor attempt to
match the facts
of the case
against the
elemnts of the
rule(s) of law
that are noted
in the None of the
legal rules that
would apply in
the case are
mentioned/iden
tified by the
student they have
chosen.
Conclusion making a
judgment
regarding which
party - plaintiff or
defendant should
win. Coming to a
correct
conclusion as to
which party
should win. the elements of
the rules(s)
they have
chosen.
Coming to a
correct
conclusion as to
which party
should win. Coming to a
correct conclusion
as to which party
should win. lesson/chapter.
Student does
not post an
assignment.
Coming to an
incorrect
conclusion as to
which party
should win. Again, future attorneys, discuss all he issues you can identify in this fact pattern
and identify any corrections that should be made.
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