StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Legal Critique#1 - Assignment Example

Cite this document
Summary
The participants of the legal case were the University of Texas and Walter Camenisch, a deaf graduate student of mentioned educational establishment (University of Texas v. Camenisch, 1981, P#1, C#1, L#3-5).
Initially, in March 1978, District Court for the Western District of…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91.1% of users find it useful
Legal Critique#1
Read Text Preview

Extract of sample "Legal Critique#1"

Legal Critique s Citation: of Texas v. Camenisch, 451 F. Supp. 390 – District Court, W.D. Texas (1981)Participants:The participants of the legal case were the University of Texas and Walter Camenisch, a deaf graduate student of mentioned educational establishment (University of Texas v. Camenisch, 1981, P#1, C#1, L#3-5).Summary/history:Initially, in March 1978, District Court for the Western District of Texas received a complaint from the deaf graduate student at the University of Texas, Walter Camenisch, who claimed that his university violated § 504 of the Rehabilitation Act of 1973 (University of Texas v.

Camenisch, 1981, P#3, C#1, L#3-4). The official complaint stated that, taking into account federal funds, which the University received for educational necessities, the deaf student was supposed to use the services of sign-language interpreter provided by the University. However, the University refused to satisfy the student’s requirement and, therefore, displayed discriminatory attitude to a person with physical deviation (P#3, C#1, L#11-13). The plaintiff demanded the United States District Court for the Western District of Texas to provide declaratory relief and oblige the respondent to ensure the services of interpreter.

The Federal Court granted preliminary injunction, which forced the University to satisfy the plaintiff’s complaint. This decision was made based on the assumption that Walter Camenisch would prevail on merits. Simultaneously, preliminary injunction took place along with the requirement for the plaintiff to post a security bond of $3,000.00 (1981 P#3, C#1, L#31-35). However, the case was forwarded to the Court of Appeals claiming for its mootness caused with the graduation of a student. The Court of Appeals confirmed the preliminary injunction.

The University received certiorari (1981, P#3, C#2, L#8-12). But the Supreme Court raised the issue regarding not the question about who should pay for the interpreter, which the Court of Appeals correctly decided to be viewed in a trial on the merits, but whether the District Court exceeded the authority and violated its discretion by granting preliminary relief (1981 P#1, C#2, L#6-7).Decision:Considering the chance that the absence of injunction would harm Walter Camenisch, the District Court granted preliminary injunction based on a judgment on the merits.

Preliminary evaluation of the merits showed prevalence of the student. In addition, the court ordered the complainant to ensure security bond for protecting the defendant. The University implemented the court’s decision and the student graduated meanwhile the Court of Appeals rejected the mootness of the case stating that the question regarding who should pay for the interpreter was left to be decided (1981 P#2, C#2, L#1-2). However, it was concluded that the issue regarding the payment should be viewed in first instance in a trial on the merits.

Until this happens, preliminary injunction should be considered as moot. The Supreme Court raised the question concerning whether the federal court violated its discretion by granting preliminary relief. In the upshot, the decision of the Court of Appeals was annulled and the case was remanded to the District Court for the further review (1981 P#5, C#2, L#1-3). Critique:It is generally accepted that preliminary injunction is granted only in order to detect positions of the parties before a trial on the merits.

Therefore, on this stage before a trial, it is inappropriate for the federal court to consider final judgment on the merits (1981 P#1, C#2, L#20-22). The legal case shows the situation when one issue of it is moot and all others are not moot, which rejects the controversy of the case in general (1981 P#3, C#2, L#30-32). This can be considered as the strength. The weakness of the case consists of the fact that taking into account the mootness on appeal of a preliminary injunction, the final judgment should be made in a trial on the merits due to the specification of the circumstances and can not be resolved on appeal (1981 P#4, C#2, L#12-15).

Implications:The impact of this case and its decision on the field of Deaf Education is the conclusion that every individual, despite their physical condition, must be provided with equal access to education. In this respect, deaf students should be assisted with additional services of interpreters fully paid by the University, which is obliged to provide equal and fair treatment to all individuals without exception.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Legal Critique#1 Assignment Example | Topics and Well Written Essays - 500 words”, n.d.)
Legal Critique#1 Assignment Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/education/1678419-legal-critique1
(Legal Critique#1 Assignment Example | Topics and Well Written Essays - 500 Words)
Legal Critique#1 Assignment Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/education/1678419-legal-critique1.
“Legal Critique#1 Assignment Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/education/1678419-legal-critique1.
  • Cited: 0 times

CHECK THESE SAMPLES OF Legal Critique#1

The Essence of Modernity

Sociology is a modern discipline.... It was called into being by the emergence of a new type of social reality, heralded by the French Revolution and accompanied (some would say produced) by the Industrial one, which both prompted and made possible the reexamination of society as such.... hellip; The new society replaced the traditional social order in Europe, the ancient regime, and, the opposition between ancients and moderns being a long tradition was called "modern....
4 Pages (1000 words) Essay

Policy Critique New Jersey use of force

The use of force policy is a comprehensive policy that defines several levels of force and qualifies the situation that would be required for the legal implementation of them.... While the policy encourages other officers to intervene to stop excessive force, the policy places no legal requirement that they do so.... It will evaluate its legal sufficiency and evaluate the recent less-lethal ammunition report of 2008.... The legal sufficiency for these guidelines, and the use of deadly force, is founded in 42 U....
5 Pages (1250 words) Essay

Critique a legal article

Needless to state, nurses are bound by specific standards of care in the Patient Chokes, Dies: Nurse Ruled Negligent, Delegated Supervision of Patient to Aide (A critique) Nursing as a medical profession is delegated with a risky function of improving the well-being of an individual or saving one's life.... However, there have been a growing number of legal concerns that were entertained too.... In fact, the legal Eagle Eye Newsletter for the Nursing Profession has published a recent legal matter involving a patient who died due to the negligence of the stationed nurse....
2 Pages (500 words) Essay

The Fisher Theory of Nominal Interest Rates and Inflation Rate

The essay is based on the Fisher Theory of nominal interest rates and inflation rate.... The objective of this essay is to describe the Fisher Theory and based on the understanding of the theory, the mechanism behind the hypothesis is tested, the instinct of the Fisher theory of interest rates.... hellip;  The analysis in the previous stage assumed that the level of risk is equal in all the countries....
8 Pages (2000 words) Essay

Mediation vs litigation

Parties work to compromise instead of presenting competing evidences, like in formal court trial, but with the aid of an objective and neutral… Litigation, on the other hand, is the actual legal proceeding s that transpires in court for relief and for justice. The courtroom, in the process of litigation, uses argumentative and litigious arguments.... Clients, often non-lawyers, do not understand the language of the law and lawyers on the other hand, lawyers cannot comprehend well the people's language who are not fluent on the standard language of the legal system....
5 Pages (1250 words) Essay

Legal feminist theory

In the century prior to the 1960s, significant efforts had been made to overhaul the law respecting the rights… These movements have evolved to the present day concept feminist jurisprudence that seeks to assess and critique the law through analysing how the judicial system, Legal Feminist Theory The underlying belief on which feminist legal theories are founded is that the law itself has played historical and critical roles in promoting women's subordination.... These movements have evolved to the present day concept feminist jurisprudence that seeks to assess and critique the law through analysing how the judicial system, individual rights, gender, power and sexuality relate....
2 Pages (500 words) Essay

Financial Reporting Disclosure Practices

The aim of this academic article was to provide a critique on the topic based on the information from Reporting and Disclosure in the text, International Accounting seventh edition by Fredrick D.... .... Choi and Gary K.... Meek.... The critiques were embedded on Financial Reporting… Essentially, we provided and evaluated the validity of the arguments made in the article, relate the article to the content of the course work, discuss how the article challenges the viewpoint(s) expressed by the two The financial reporting process involves a difficult relationship between the regulators, market and accounting....
4 Pages (1000 words) Assignment

Analysis of The Retributive Theory of Punishment by Immanuel Kant

"Analysis of The Retributive Theory of Punishment by Immanuel Kant" paper discusses the contradiction between Kant's ethical and political philosophy, legal and political theory concerning punishment, and Kant's incomprehension of deterrence theory of punishment.... This concept gives people the notion that the ethical philosophy of Kant can be seen in his legal philosophy, which is not true very much (Hill, 1997)....
5 Pages (1250 words) Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us