How the common law system facilitates slow legal change.

Full Answer Section

• • Case-by-Case Development: Common law develops through a series of individual cases, which can be a slow and piecemeal process.  
  • In contrast to statutary law, that can make large and very sudden changes, common law changes via small adaptations of prior rulings.  

2. Employment At-Will

• Concept:
  • "Employment at-will" is a legal doctrine stating that an employer or an employee can terminate the employment relationship at any time, for any reason (or no reason), with or without notice, unless there is a specific employment contract stating otherwise.
• Exceptions:
  • Contract Law:
    • If an employee has an express or implied contract specifying a definite term of employment or limiting the reasons for termination, the at-will doctrine does not apply.
  • Public Policy:
    • Courts have recognized exceptions where termination violates fundamental public policy principles. Examples include:
      • Retaliation for reporting illegal activity (whistleblowing).  
      • Refusal to perform an illegal act.
      • Exercising a legal right (e.g., filing a workers' compensation claim).  
       
  • It is worth noting that some states have statutory exceptions to employment at will as well.  
• My View:
  • The at-will doctrine provides flexibility for both employers and employees. However, it can also lead to unfairness, particularly for employees who may be terminated arbitrarily.  
  • The public policy exceptions offer some protection against abusive terminations.
  • Whether the public policy exceptions give enough protection, is debatable. It varies from state to state. While these exceptions are critical, their effectiveness can depend on:
    • The specific public policy recognized by the state.
    • The employee's ability to prove the violation.
    • The availability of legal resources.
  • It is my opinion that more could be done to secure employees security in the workplace, whilst also giving room to employers to make necessary workforce changes.
• It is also very important to note, that the concept of "employment at will" is much less prominent, in many areas outside of the United States.

3. Hazing: Criminal and Civil Ramifications

• Criminal Ramifications:
  • Hazing can involve acts that constitute criminal offenses, such as assault, battery, reckless endangerment, and even manslaughter.  
  • Criminal prosecution can result in fines, imprisonment, and a criminal record.
• Civil Ramifications:
  • Victims of hazing can sue for damages, including:
    • Medical expenses.
    • Pain and suffering.
    • Emotional distress.
    • Punitive damages (in cases of egregious misconduct).  
  • Schools and organizations can also be held liable for hazing incidents if they knew or should have known about them and failed to take adequate preventative measures.  
• Hazing Prevention Program:
  • Education:
    • Educate students, coaches, and staff about the dangers and legal consequences of hazing.  
    • Clearly define what constitutes hazing and emphasize that it is never acceptable.
  • Policy Development:
    • Establish a clear, written anti-hazing policy that prohibits all forms of hazing.
    • Outline reporting procedures and disciplinary actions for violations.
  • Reporting Mechanism:
    • Create a safe and confidential way for students to report hazing incidents.
    • Ensure that all reports are taken seriously and investigated thoroughly.
  • Culture Change:
    • Promote a culture of respect, teamwork, and inclusivity.
    • Encourage students to intervene if they witness hazing.
    • Incorporate team building acitivities that foster healthy group dynamics.
  • Oversight:
    • Have adults present at events where hazing could occur.
    • Regularly review hazing policy, and program to make sure it is still efficient.

4. Statute of Frauds: Contracts That Must Be in Writing

• Statute of Frauds Basics:
  • The Statute of Frauds requires certain types of contracts to be in writing and signed to be enforceable.  
• Examples:
  • Contracts for the sale of land: Agreements for the purchase or sale of real property.
  • Contracts that cannot be performed within one year: Agreements that, by their terms, cannot be completed within a year from the date they are made.
  • Contracts to answer for the debt of another (guaranty): Agreements where one person agrees to pay the debt of another person if they fail to do so.
  • Contracts made in consideration of marriage.
  • Contracts for the sale of goods over a certain dollar amount (Uniform Commercial Code).

Sample Answer

Common Law and Slow Legal Change

• Common Law Basics:
  • The common law system is based on precedent (stare decisis), meaning courts are bound by previous decisions in similar cases.  
  • This system emphasizes stability and predictability in the law.  
  • Judges interpret and apply existing legal principles to new situations.  
• Facilitating Slow Change:
  • Precedent's Restraint: The reliance on precedent creates a natural resistance to rapid change. Courts are hesitant to overturn established principles unless there's a compelling reason.  
  • Incremental Development: Legal change in the common law system typically occurs incrementally, as courts gradually refine and adapt existing principles to address evolving social norms and circumstances.  
  • Judicial Restraint: Judges are generally expected to exercise restraint and avoid making sweeping changes to the law.