Penny serves David with a copy of a summons and complaint. The complaint alleges that David cheated on an examination and received an "A" in the course. Penny was in the same class and was borderline between an "A" and a "B.". Because of the instructor's grading curve, David's grade pushed Penny's down and she received a "B.". This lowered her grade point average and reduced her job prospects
Penny asks the court to reduce David's grade to an "F" and change her grade to an "A.". In the alternative, she asks that David pay her a sum representing her reduced earning capacity for the remainder of her life. Discuss:
a. What pleadings might David file, and why?
b. What types of relief is Penny seeking? Explain?
a. David would undoubtedly file a motion to dismiss, or a demurrer, contending that even if the facts stated in Penny's complaint are true, no cause of action in law or equity lies. (David could also contend that Penny has no standing to sue. However, this textbook does not provide the information a student would need to make such an observation.)
b. The request for a grade change is a request for affirmative equitable relief. The request for payment of money is a request for the legal relief of money damages.
(Note: A student might suggest Penny bring a class action against the university for negligence in failing to take reasonable precautions to prevent cheating.)
You might also like to view...
Which part of the speech outline includes the main points with verbal and visual supporting information?
A) body B) transition C) conclusion D) introduction
Which of the following is true concerning a specific tariff?
a. It is exclusively used by the U.S. in its tariff schedules. b. It refers to a flat percentage duty applied to a good's market value. c. It is plagued by problems associated with assessing import product values. d. It gives less protection to home producers during eras of rising prices.
Answer the following statements true (T) or false (F)
Because events that are internal to the firm are not considered “transactions,” they do not require entries in the firm’s accounts.
Fixed-price contracts are an example of transferring risk from an owner to a contractor.
Answer the following statement true (T) or false (F)