BMGT380 Legal Research Paper Project One

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Case Analysis Legal Research Project

Legal Research Paper

Hondo J. Hack

Professor Dawson

UMUC

BMGT380

February 2015

This legal research paper will examine the facts of the case to identify relevant enacted

and case laws that govern the issues and determine, through analysis, how the rule of law applies

to the issues by identifying the elements of the rule of law, applying the elements to the facts of

the case, and considering counter-arguments (if applicable to the case).

I will conclude this paper by summarizing my findings to make my recommendation, in

this hypothetical case, to Big Bad Bruce and his fans as their attorney on their chances for a

successful lawsuit; as well as any claims Bruce may have against the Airport.

Facts

The facts of this case are first, that Big Bad Bruce and his fans have requested permission

to hold their welcome home gathering in the Baltimore Airport. Second, the airport cites their

regulation Section Z as the reason why Bruce and his fans cannot use the airport for their

welcome home gathering. According to this regulation, it forbids “any gathering of more than 30

people anywhere in the airport unless travel related.” The stated purpose of Section Z “is to avoid

congestion and to promote the smooth operation of the airport.” The statute further states that the

patrons and passengers are subject to the search of their persons and any and all personal items

that they may have in their possessions inside of the terminals or within 500 yards of any

building. Passengers by accepting the privilege, license of passage, hereby consent to and waive

any claim as to violation of constitutional rights which they hereby waive. The passenger and

any patrons hereby also waive the right of any jurisdiction of the courts. Any claims that the

passenger or patrons, may have, will be decided by arbitration. Violators of Section Z are subject

to a fine up to $1,000 and/or incarceration of up to 6 months. Third, Big Bad Bruce and his fans,

plan to file a lawsuit challenging Section Z in order to obtain access to the airport for a welcome

home gathering. Lastly, Bruce feels that not being able to obtain access for the gathering will

interfere with his ability to show his new product at the airport.

Issues

The issues of this case, based on the facts, raise three legal questions as to the

constitutionality of Section Z. Courts that would have jurisdiction for this case are the Maryland

State Civil, Appellate, and Supreme Courts; the 4th US District Court, US Court of Appeals for

the 4th District; finally the US Supreme Court.

The legal questions are:

1. Does Section Z interfere with the right of Bob and his fans to peaceably

assemble for the welcome home gathering at the airport?

2. Does Section Z interfere with the right to no unreasonable search and seizures

at the airport or during the welcome home gathering?

3. Does Section Z prevent the right of individuals to due process of law?

To answer the three questions and form a conclusion, first the rules of law that govern the

issues must be identified.

Rules

There are federal and state enacted laws that govern the issues. The First Amendment to

the United States Constitution ensures that

“Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof; or abridging the freedom of speech, or of the

press; or the right of the people peaceably to assemble, and to petition the

Government for a redress of grievances.” [ CITATION JusNK \l 1033 ].

The Fourth Amendment states that

“The right of the people to be secure in their persons, houses, papers, and effects,

against unreasonable searches and seizures, shall not be violated; and no Warrants

shall issue but upon probable cause, supported by Oath or affirmation, and

particularly describing the place to be searched, and the persons or things to be

seized.” [ CITATION JusNK \l 1033 ].

The Sixth Amendment states that

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and

public trial, by an impartial jury of the State and district wherein the crime shall

have been committed, which district shall have been previously ascertained by

law, and to be informed of the nature and cause of the accusation; to be

confronted with the witnesses against him; to have compulsory process for

obtaining witnesses in his favor, and to have the Assistance of Counsel for his

defense.” [ CITATION JusNK \l 1033 ].

The Fourteenth Amendment states that

“All persons born or naturalized in the United States, and subject to the

jurisdiction thereof, are citizens of the United States and the State wherein they

reside. No State shall make or enforce any law which shall abridge the privileges

or immunities of citizens of the United States; nor shall any State deprive any

person of life, liberty, or property, without due process of law; nor deny to any

person within its jurisdiction the equal protection of the laws.” [ CITATION

JusNK \l 1033 ].

US Code also governs the issues. Specifically, the Civil Action for Depravation of Rights, states

that

“Every person who, under color of any statute, ordinance, regulation, custom, or

usage, of any State or Territory or the District of Columbia, subjects, or causes to

be subjected, any citizen of the United States or other person within the