The Unfulfilled Promise Case Study Essay
Order ID 53003233773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
The Unfulfilled Promise Case Study Essay
This assignment was locked Dec 5 at 12pm.
This assignment can be found in Discussions. Please carefully read the Instructions found in Module – Hello, Read me First, How to Navigate this Course, Step 2.
You will be assigned to a Discussion Forum based on the first letter(s) of your last name. If you are unsure of your forum, please email with the title of the forum to which you believe you have been assigned .
Many students forget to proofread their work, forget to post a response or, forget to reference the readings at least once. Please watch out for these details that may cause you to lose points.
THE CASE OF THE UNFULFILLED PROMISE
Victor, age ninety, had a very valuable violin collection consisting of 10 violins, cases and bows. He was frail and was helped by a niece Arianna, who was an excellent violinist. Two weeks after making a new will, Victor told his niece that he was going to give her the violin collection. “It’s yours,” he said, adding that he would temporarily hold on to the collection for safekeeping. Arianna happily accepted. That same day he also sent Arianna a letter in which he said, “I give you my violin collection, and when I die, it will be yours.”
Victor died five weeks later. In his will dated prior to the letter, which did not refer to the violins, he left his entire estate to his two children. Arianna brought suit against the estate to have the violin collection declared her property.
Arainna testified at the trial about the help she had given her uncle over a period of fifteen years. She produced the letter her uncle had sent her and recalled their many conversations during which her uncle had promised to give her the violins. There was additional testimony that Victor’s children had never even picked up a violin and had been estranged from their father for years.
The Arguments at Trial
Arainna’s attorney argued that the collection belonged to Arianna because Victor had gifted the violins to her during his lifetime and that there was symbolic delivery. He further argued that Victor’s keeping possession of the violins was solely to protect them and in no way invalidated the gift. He also argued that to deprive Arianna of the collection that her uncle obviously wanted to give her would be against Victor’s wishes.
The children’s attorney argued that the will was validly executed after the letter was sent and promises made orally or in writing do not constitute valid gifts. They further argued that actual and not symbolic delivery is an essential requirement for a gift to be deemed valid.
Questions to Discuss
Who has the stronger argument, Arianna or Victor’s children? Why?
If you were the jury hearing this case, for whom would you decide? Why?
Should considerations of fairness and the intentions of the person making the will take precedence over a validly executed will?
What problems do you think could arise if oral or written promises were considered under the circumstances of this case?
How to Navigate this Course Step 6 -You’re on the Jury
This covers the You’re On the Jury assignments that will be done in the Discussions. Have fun with this one!
You’re On the Jury (2 Juries for a total of 40 points) (18% of Grade)
In the semester there will be posted in the Discussions a fact scenario that relates to the material in the textbook and additional readings. A series of questions will be posted with this scenario. Each student who participates in this discussion can receive up to 15 points per scenario for the answers and 5 points for the response.
Participation is defined as posting one’s comments or answers to the questions in the assigned forum and responding in any forum. Have a discussion please. If you wish to respond in a different forum, you’ll first have to post a short introduction and then you can see the threads in that forum.
“Yes” or “No” or “I agree” is not an answer nor is it a response. I’m looking for developed answers that include an analysis of the scenario in relationship to the content of the reading materials. A response is a comment to someone so please indicate whose post you are responding to and develop your answer. I don’t know the context for your response if I don’t know who, by name, you are responding to. The statement, “I agree with you”, doesn’t tell me who you are responding to as all I see is a string of names.
The following is from a student who posted a long response but really didn’t say anything: “I agree with all of the examples and such that you gave. The examples you gave from the book are very good and are actually substantial. I agree with your viewpoints as well. I would be in favor of xyz in this situation as well for the reasons you had said and other reasons listed in my post. Overall, great post! Keep up the good work!” What did this student say besides “I agree with you”?
There must be at least one reference to chapter/page/additional reading in a student’s discussion. If a student chooses not to participate, no points will be received. Minimal participation will yield partial points.
You may find that some student(s) who posted prior to you may have covered the points you wanted to cover. Explore the material to see if there isn’t something additional to add or a new perspective. Perhaps you can explore the “opposition” side. I’m looking for analysis using the scenario facts and the materials in the readings – there is no right or wrong answer – it’s how you discuss and support your position that’s critical. That means some legal theory for your answer must appear. However, an incorrect application of the material, e.g., a tort concept in a breach of contract action without adequate support will result in some point deductions.
Remember, there are always different ways of looking at things – You say goodbye and I say hello. There is a certain amount of vagueness in the facts of each scenario to allow for different perspectives.
Students will be divided into groups according to the first letters of their last names. (Jury 1 A-C for example). Each group will be assigned a different scenario. Please monitor Canvas’s Discussion to see which Scenario/Group you have been assigned to. While a response can be posted in any forum following the directions above, the initial post must be submitted in the assigned forum.
All forums are deliberately kept to a maximum of 5 members in order to allow each member enough new material to discuss. If the forum gets to large because students outside the forum post to the initial questions, it robs the forum members of an opportunity to demonstrate their analytical skills.
If a non-forum member submits an initial post, not a response, in the incorrect forum, it will be treated as a response for purposes of grading and given no more than 2 points.
All discussions will be posted in the Discussions section. That is also where the Scenarios will be found. Each student’s analysis/discussion must also be posted in the Discussions.
When you respond to another’s post, please indicate the student(s) to whom you are responding. It can be difficult to follow your response if I don’t know the basis for that response. And please, remember to introduce yourself as a visitor to that forum as a matter of courtesy. This is important – you must create a new thread to introduce yourself before you can read the other students’ posts. You don’t need to do this in your own forum. In fact, do not do it. Creating a new thread in a forum to which you weren’t assigned and answering the scenario questions as though the answers are a response, won’t count as a 5 point response. That will result in a maximum of 2 points towards the 5 points for a response.
DO NOT prepare your answers as an attachment. I won’t open it to grade it and I don’t expect another student to open an attachment from someone they don’t know.
Spelling and grammar are a part of the grading and deductions will be taken if there are errors in these areas.
There are NO MAKEUPS for this assignment if missed. You will have a minimum of 4 days in which to complete the scenario to which you are assigned. I will not take these late because once the dates have passed, the class has moved on and the discussion is no longer taking place. Posting a late response will therefore not contribute to the class discussion, which is why they won’t be accepted.
You are required to create a thread and post something before being able to view the other students’ posts. I have observed that some students attempt to “scam” the forum by posting a sentence in their assigned forum as their initial answers. That enables them to view the other posts. Then they will be able to continue their answers in a second post having the benefit of seeing what others have written. If I believe you’ve done that, you’ll receive points only for the first post which is generally -0-.
Do not edit your original post unless you ask me first. I will treat an edited post according to the requirements laid out in the paragraph preceding this one.
I can tell if you’ve done this due to the lapse of time between your “introduction” post and then the actual answers to the scenario. If you accidentally click “submit” before you are finished, then email me immediately and tell me what you’ve done so I can keep that in mind when I grade your initial post.
The Unfulfilled Promise Case Study Essay
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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