Legal Hypotheticals Elon vs Space X Case
Apply IRAC to the following two legal hypotheticals. Each question if worth 20 points. Make sure to read the facts carefully before you begin your answer.. Identify your plaintiffs and defendants. Toss out any distractions or “red herrings.” Think about legal theories that may apply and be sure to organize and list all elements of the causes of action.
For a quick refresher on IRAC format:
I – Identify the Issue and frame it as a question.
R – The Rule describes which law or legal theory applies to the issue.
A – The Analysis is the most important section, and generally the longest part of your answer. It involves applying the Rule of Law to the facts of the problem or question.
C – The Conclusion is your answer to the Issue; or the result of the analysis.
For more information about how to use IRAC use your text or refer to the resources below. Do not worry if it is not perfect – try your best!
Make sure to upload your completed written responses (please use a WORD doc or docx) by Tuesday, February 23.
Use IRAC to answer the following 2 hypothetical legal questions
HYPO #1. SpaceZ is a new venture created to send paying clients on a trip of a lifetime to the moon aboard its spaceship, the Hawk9. This spaceship is equipped with a vehicle escape system using parachutes to allow passengers to return safely to the ground should a malfunction occur during the spaceship’s ascent. This system is widely used and listed in the Rocket Industry Standards Manual as being “sufficient to provide adequate safeguards.” Recently, a new system has become available that uses rockets to navigate the escape capsule back to the ground much more safely. However, this new system is also much more expensive than the parachute system and has not been tested in real-life situations.
SpaceZ decided to stick with its tried-and-true parachute system. Elon, who wanted an adventure, decided to purchase this trip from SpaceZ. He signed a contract containing this statement: “Although SpaceZ has taken all reasonable measures to provide a safe voyage, I understand that space exploration is dangerous.” On the day of the liftoff, the weather was beautiful and all systems were working as designed. But shortly after takeoff, a totally unpredictable violent storm arose, blowing the Hawk9 off course.
There was no way to correct for the deviation, so SpaceZ activated the escape system, which deployed as designed. Unfortunately, the storm caused the escape capsule to crash to the ground. Elon was critically injured, but survived. Investigations after the accident indicated that the new rocket escape system might have led to a better outcome. What tort cause(s) of action may Elon reasonably bring against SpaceZ, What defense(s), if any, does SpaceZ have? (20 points)
r teammates to lock arms during the national anthem
HYPO #2. The College of Marin Mariners Beach Volleyball Captain, Ariel, convinces her teammates to lock arms during the national anthem at their home opener game against Solano College. As the Star-Spangled Banner plays, all of the players stand arm in arm in the sand court by the net.
Two of Ariel’s teammates, Bella and Cara proceed to kneel during the anthem, and the assistant coach Eloise places her hands gently on their shoulders. Expert Mariner team setter, Dawn suddenly takes a small flag from her jacket pocket and sets it on fire and energetically pumps her left fist. The fans have mixed responses of boos and cheers and then the game begins. The Mariners win handily. The next day, Ariel, Bella, Cara and Dawn are called in by Robert Downer, Director of Athletics and learn that they have been kicked off the beach volleyball team and suspended from college. What constitutional rights, if any, can the players assert against COM? Would it make any difference if they attended a private college instead of a public college? (20 points)