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Homework answers / question archive / The law has to make objective judgments based on established rules, given sometimes conflicting evidence and subjective understandings of the parties
The law has to make objective judgments based on established rules, given sometimes conflicting evidence and subjective understandings of the parties. Attorneys from each side can have credible evidence and legal arguments made in good faith. If attorneys go before the court with a frivolous lawsuit made in bad faith, they will be thrown out of court (case dismissed), and they jeopardize their reputation and can have their law license suspended or revoked. We joke about whether an attorney can "make an argument with a straight face." If not, you better not bring that to court.
The short descriptions of the conflicts in your Ag Law Current Event assignments don't have a fully researched record of the evidence yet. They may also be about new areas of agriculture or a unique set of facts that doesn't neatly fit into the legal categories. Therefore, a lawyer for either side could construct a good story based on the available facts and law to argue that their side should win.
You are approaching this assignment as the "judge," but as you do, be conscious of the evidence and arguments on both sides, as a judge would. To that end, use this discussion to see the perspective from both sides. Some ideas of where to start:
Use this forum to bounce ideas off of each other! Other students who read this article probably have a different perspective!
Note that this discussion is worth "0" points, so any response goes into your overall participation points and can be used to catch up if you are behind, or to get ahead on points.
I will make this due and grade it during finals week so that it stays open and you can keep discussing as you do Parts 2 and 3 of the assignment.
My snap-judgement is that these people are agricultural workers, because they work with fruits and vegetables that are harvested and brought in from the fields to be processed. I favor the other side, because they are not considered agricultural workers, I would consider them to be more like factory works that are producing a product, but the product they are producing is coming in form the fields, they are just packing them into cans and putting them on trucks.
The assumptions that I am reading into facts are, that of about 465 people that were going to file a complaint that they should get overtime, only about 165 of them pursued it, because the other 300 wanted to keep their jobs there and did not want any trouble, the one's that did pursue it are getting a lot of money back for back overtime.
Some questions that I would ask both sides is for one, what is their job title, and what all does their job entail? Second is how many hours a week are they contracted to work? And third why do they feel like they are entitled to overtime pay, unless their job contract is only 40 hours a week?
