Final Exam

The final exam consist of 3 parts. The first are questions based on the movie "Dead Poet Society". The second part is based on the book "The Alchemist". The third part is to apply IRAC (Issue, Rule, Application, and Conclusion, a method for legal analysis) on many legal problems. No refercences required.

In the film Dead Poet Society, Prof. John Keating encourages his students with these words: “Carpe Diem, lads! Seize the day. Make your lives extraordinary!”
However, this all starts to backfire as the boys – his students – begin to drift from the goals the school has and their families have. At their particular age, they become impressionable and Prof. Keating is in a position of care. Ultimately he has a fiduciary duty to these young men, their parents and to the school. However, has he breached this fiduciary duty? One of his student’s stalks a young lady and eventually wins her heart; another disobeys his parents and eventually commits suicide. Is Prof. Keating to blame for this? Weren’t the students “seizing the day?” The school and Neil’s parents eventually blame him and he loses his job. Again, did he breach his fiduciary duties and lead the young man astray?
The conversation between Prof. Keating and another professor conflicts between free thinkers and traditional conformity. What are your feelings? Please provide detailed context from the film to support your view.
How about the two main ethical theories? Was Prof. Keating’s approach one of utilitarianism? What about his firing from the school? Was he promoting the ultimate good for greatest number – his students? What about Kantianism – was this the school’s approach; the parent’s approach? Please provide detailed context from the film to support your view.
At some point, you too will be in a position of power; one in which you have a fiduciary duty. You will have to maintain your loyalties to the law, the company and your employees. How can you balance the two main theories – Kantianism and Utilitarianism? The two theories will often conflict, but have to coexist too in order to meet your fiduciary duties.
How would you have handled things if you were the dean of the school and had to address the issue of the parents, Prof. Keating, and the students after the suicide? Base your results on the two main ethical theories. Please provide detailed context from the film to support your view.
If you were Prof. Keating, would you have acted any differently? Did his actions breach his fiduciary duty?
Address all of the questions basing your answers on the film and the ethical theories we have discussed. There is no need to cite any references.
Part II
Below are four quotes from the Alchemist. Please address the questions that follow:
“The secret is here in the present. If you pay attention to the present, you can improve upon it. And, if you improve on the present, what comes later will also be better.” Please use specific examples from the book to illustrate this point. Then, provide an example from your personal life how you have applied this principle. Lastly, how could this principle (or attitude) be adopted into the corporate setting?
“You will never be able to escape from your heart. So it’s better to listen to what it has to say. That way, you’ll never have to fear an unanticipated blow.” Please use specific examples from the book to illustrate this point. Then, provide an example from your personal life how you have applied this principle. Lastly, how could this principle (or attitude) be adopted into the corporate setting? Do you agree with this principle? This was a major theme of the Dead Poet Society. Does the overall message of The Alchemist differ in its approach to the quote than the overall message of the Dead Poet Society?
“There is only one thing that makes a dream impossible to achieve: the fear of failure.” Please use specific examples from the book to illustrate this point. Then, provide an example from your personal life how you have applied this principle. Lastly, how could this principle (or attitude) be adopted into the corporate setting?
“I ask myself: are defeats necessary? Well, necessary or not, they happen. When we first begin fighting for a dream, we have no experience and make mistakes. The secret of life, though, is to fall seven times and to get up eight times.” This quote is not from The Alchemist, but from the author in an earlier version of the book’s introduction. Please use specific examples from the book to illustrate this point. Then, provide an example from your personal life how you have applied this principle. Lastly, how could this principle (or attitude) be adopted into the corporate setting?
Address all of the questions basing your answers on the book and the ethical theories we have discussed. There is no need to cite any references.
Part III
Below is a fact pattern. I would like you to spot as many legal issues as you believe are there, state the rule that accompanies that legal issue, apply the facts that would meet the rule, and state your conclusion (IRAC).
Doug and Richard are neighbors and are constantly at odds with one another. Doug, who has had enough, offers Vinnie $8,000.00 to “take care of” Richard. Vinnie agrees and the two shake hands. Meanwhile, Richard offers his home to Vinnie for $500,000.00. Vinnie agrees and the two shake hands. Vinnie shows up the next day to move in and Richard says “No.” Vinnie then sues Richard for his home. Richard then offers to buy a classic car from Billy. Richard offers $70,000.00. Billy says he’d do it for $70,001.00. Richard doesn’t say anything, but three days later Billy shows up with the classic car to Richard’s condo and demands payment. Richard says no and Billy threatens to sue.
Four days later, Billy enters a written contract to sell the same classic car to Buddy, who is a senior in high school. Both parties sign the agreement. The very next day, Richard drops off an envelope on Billy’s front door step with $70,001.00 in cash. Billy delivers the boat to Buddy the following morning and sees the envelope from Richard after he returns home. Billy immediately goes back to Buddy asking for the boat back and offers to return his money. Buddy refuses.
Bobby and Ken, an avid kite surfers, went to the beach at San Nicholas Canyon. As Bobby descended the wooden stairs to the beach, one of the steps broke and Bobby’s leg went through the wood, twisting his ankle and breaking his shin bone. Ken went to get help and found the long cement walkway open, but with a sign that said “DO NOT ENTER – REPAIRS IN PROGRESS.” The walkway looked decent enough so he ran down to get help. On his way down he yelled to Sharon and Katie down below that Bobby was badly hurt, but any helpers should be careful because Bobby had HIV. This wasn’t quite true, as Bobby had been diagnosed with Hemophilia the week before. Ken then slipped at the bottom of the walkway and broke his elbow.
Sharon and Katie were discussing who should go help. Sharon became annoyed with Katie for her belligerent name calling of “Chicken” and “Wussy” so she spat on Katie. The spit hit Katie in her eye causing her to lose her vision. She then stumbled into the water and fell on a rock making her bleed profusely in the water. Reggie, the life guard on duty, sprang in to action and jumped in to save Katie. When he reached Katie, he began to pull on her leg which caused he to dislocate her leg. Then when he got to shore he performed CPR on her, even though she was awake, breathing, and cognizant. He broke two ribs of hers in the process as well as placing his lips on hers. He then decided to go back in the water to retrieve is flotation device that he had let go out in the ocean. He went back to the spot of where Katie was in the water and a shark attacked him. He cried for help, but everyone on the beach just watched as he was consumed by the shark. Reggie’s family sued everyone on the beach.
Larry decided to go into business. He created an LLC called, Gum Drop LLC, but never created an operating agreement – it was just him in the company. He decided to sell an bathmat with copper coiling on the inside. He claimed the mat, or “pad” as he called it, could cure all types of ailments. He used a picture of OJ Simpson as one of his marketing approaches. He also used excerpts from the book “1984” in his marketing material to show the government was always watching and that the pad could free you from their evil dominance. He wanted to start selling tinfoil hats next! He asked Lucas if he wanted to be an investor for $5,000.00. Lucas just looked at him, but said nothing. Larry then asked Reggie’s sister Lucy to invest for $5,000.00. She only had $2,500.00 and wrote a check for that amount and placed it the next day in Larry’s mailbox. She had two beers to drink that day. Larry never checked the mail as he didn’t believe in the Post Office since it was a government entity. A month later, Lucas say Larry and handed him $5,000.00 in cash. Larry said thanks and thought Lucas was a nice guy. A year later, on the same day, Lucy came looking for her return on her investment as well as Lucas. Larry said neither had invested in the company. Both sued Larry seeking to foreclose on his house, bank accounts, and other personal property.
Gerald and Jerry walked home from work every day together. Jerry thought “I want to slap Gerald in the face. He makes me so mad.” Instead he pulled on Gerald’s backpack making Gerald fall to the ground and scrape his knee. Gerald then took of the backpack and kicked Jerry in the shin. Jerry threw the backpack over a fence into Mr. Smith’s backyard. Gerald went to retrieve the backpack and went to the gate. There was a sign that said “BEWARE OF CAT.” He thought that was odd, went in to the backyard and was mauled by a ferocious mountain lion. Jerry, feeling happy to be alone, went shopping. At Target, he decided to try some clothes on. Marcus, felt that Jerry looked suspicious so he followed him. Jerry put a pair of socks in his pocket, walked around for a minute and then took them out and placed them back. Marcus approached Jerry and asked him to come with him to “talk.” Jerry followed, and Marcus took him to room without windows or air condition. Jerry sat down on the floor and looked at Marcus. Marcus walked out, locked the door and called the police. The police came an hour later, but decided to let Jerry go since his dad was a fellow police officer.
Stella hated Beatrice. She decided that during class, in French, she would tell everyone that Beatrice was a cheater and liar. She wrote this on the board in marker. Stella was the only who spoke French, but Gary used a translation application and figured out what the writing said. Beatrice had no idea, but was later called in to meet with the Dean about academic dishonesty.
Andrea worked with Tom. She came to work every day in short shorts and a low cut top. Tom always gazed at her. She felt uncomfortable, but he never said anything to her – just looked. Then, one day he approached her, put his finger on her lips and said “I’m not doing anything.” She stood frozen. Then he put his hands on her hips and said “See, nothing is going on.” Again, she stood frozen. Later that week, Andrea decided to come to work and kill a chicken for the holy week in her version of Santeria. She killed the chicken in the office during work and blood got everywhere. She was going to ask Tom for time off to do the sacrifice, but she was scared based on his action. Jon, who also liked Andrea and was Tom’s boss,
propositioned Andrea and told her that if she would “go all the way” with him, he would promote her to vice president. Andrea, feeling trapped, punched both Tom and Jon and ran out of the office. She also threatened to stab Lisa “[…] if you look at me one more time!”
Crystal asked Josh if he was interested in a date. Josh said no, and Crystal then leaned in for a kiss. Josh backed away and said “no, didn’t you hear me?” She said “Yes, but I am beautiful…you should like me too.” She leaned in and kissed Josh half on the lip and half on the cheek. Suzy, Josh’s girlfriend saw this pulled out a knife to attack Crystal. Crystal sensed danger and ran away.
Dan was driving on the freeway at eighty (80) miles per hour. He lost control and hit Mike’s car. Mike’s car then hit Lance’s car, causing Lance to die.
Drew began working at Abercrombie. On his first day, the manager told him he needed to go around “shirtless.” Drew was a member of the Church of Jesus Christ of Latter-Day Saints and wore the under garments which he cannot take off unless there is an exception. He refused to do so and was fired immediately.

Sample Solution

ACED ESSAYS