Legal Cases and Contracts: Coach Jordan and Dan's Dilemmas, Exams of Law

Download Legal Cases and Contracts: Coach Jordan and Dan's Dilemmas and more Exams Law in PDF only on Docsity! IOWA STATE BAR EXAMINATION February 26, 2007 Part I Answer all four questions in this session. You will be allowed three hours. A separate booklet must be used for each essay question. Question 1 In 2006, Coach Jordan, a successful businessman, accepted the challenge to coach at his alma mater, Nowhere High School (“NHS”). As a former two-time All American player and holder of numerous Nowhere High records, Coach Jordan commanded respect. At Nowhere High, only fifty percent (50%) of all students graduate. A measly six percent (6%) go on to attend college. Six (6) out of ten (10) male students end up jobless, while a whopping eighty percent (80%) wind up in jail. On November 10, 2006, Coach Jordan required each player to sign a contract which spelled out crucial rules of conduct which included the following: 1. The team would shun drugs and alcohol; 2. All players would attend all classes and sit in the front row (and participate) in those classes; 3. Each player would wear a suit and tie on game day; and 4. Every player would maintain a minimum of a 2.3 GPA (even though the conference requirement only required a 2.0 GPA). Additionally, the contract provided that if even one member of the team failed to comply with the contract requirements, the entire team would not practice or participate in games. Coach Jordan promised that the players would have practices everyday after school and that the team would attend all scheduled games if they followed his rules and abided by the terms of the contract. After the first thirteen (13) games of the season, the Nowhere High varsity basketball team was undefeated for the season, with a 13-0 record. Unfortunately, some of the Nowhere High players were not living up to the academic (GPA) requirement they agreed to meet in the contracts they had signed earlier in the semester. Because these conditions were not being met, Coach Jordan decided to have his players spend their game and practice time studying, rather than out on the court. When the players arrived for practice, they found a note on the door from Coach Page 1 of 6 Jordan, which read: “NO PRACTICE TODAY. All basketball players are to report to the library.” Because some of the team members fell short in the classroom and pursuant to the terms of the contract, Coach Jordan locked out his players—no practice and no games until grades improved. This is devastating to several players because the tournaments are about to start. Three of Coach Jordan’s senior players come to you for advice on February 15, 2007: Coach Jordan’s son, Michael, who is 17 and has maintained a 3.7 GPA; the team’s starting guard, Magic, who was 17 when he signed the contract on November 10, but turned 18 on December 1, 2006, and has a 2.5 GPA; and A.I. who was 18 when he signed the contract and has a 2.9 GPA. All three players have shunned drugs and alcohol, attended all of their classes and sat in the front row, and worn a suit and tie on game day. The players tell you that their only wish is to resume basketball activities, and they are seeking your advice on the validity of the contracts they had signed earlier in the year. NOTE: For purposes of this question, do not concern yourself with any issues regarding the remedies available to the players. 1. Under Iowa law, what elements must Coach Jordan prove to show that the players entered into an enforceable written contract with him on November 10, 2006? 2. What excuses for non-performance would each of the players have? Be sure to address each player’s defense(s) individually. 3. How would your analysis under question 2 differ, if at all, if Magic had told Coach Jordan when he signed the contract that he was 18, when he really was 17? Page 2 of 6 2. What factors will the Court consider in making an award of the family residence? Explain your answer. 3. What factors will the Court consider in making an award of the 160-acre farm? How would you anticipate the Court ruling on this issue? Explain your answer. 4. How would you anticipate the Court to rule on division of Tom’s 401(k) retirement account? Without doing any actual mathematical calculation, explain your answer. 5. Is an award of alimony possible for Tina under the circumstances? Describe the types of alimony that the Court might consider. Explain your answer. 6. Who will be responsible for the ongoing educational expenses of the two children? Explain your answer. 7. Can Tina recover attorney’s fees from Tom for prosecuting a dissolution of marriage action? Explain your answer. Page 5 of 6 Question 4 Paul Plaintiff loaned money to David Defendant to help bolster David’s failing restaurant business. David signed a promissory note on April 1, 2005, stating that all amounts were due within one year. Paul knew that David was represented by an attorney, Kevin Counselor, in connection with David’s signing of the note. David made no payments on the note during the year. After the year had elapsed with no payments, Paul Plaintiff made a proper demand upon David Defendant for repayment. David refused and told Paul that he would have to sue to get his money back. The amount due under the note is $20,000. Paul brought a suit against David on the promissory note in Iowa District Court. Paul caused an Original Notice, with a copy of the Petition attached, to be properly served upon David. David is an adult, is not under any disability, is not in the military service, and is not a prisoner in any reformatory or penitentiary. More than 30 days have passed since service was made. David has not filed an answer or any other pleading. The process server has signed an affidavit and filed it with the Clerk showing that service was properly made personally on David. 1. Set forth all of the steps required for Paul Plaintiff to obtain a default against David Defendant. Include in your answer all notices which must be given, to whom they must be given, and where and when they should be sent. 2. After a default is entered, set forth all of the steps necessary for Paul Plaintiff to obtain a judgment against David Defendant. Page 6 of 6