Penny Serves David with a Copy of a Summons and Complaint

question 38

Essay

Penny serves David with a copy of a summons and complaint. The complaint alleges that David cheated on an examination and received an "A" in the course. Penny was in the same class and was borderline between an "A" and a "B." Because of the instructor's grading curve, David's grade pushed Penny's down and she received a "B." This lowered her grade point average and reduced her job prospects. Penny asks the court to reduce David's grade to an "F" and change her grade to an "A." In the alternative, she asks that David pay her a sum representing her reduced earning capacity for the remainder of her life. Discuss:
a. What pleadings might David file, and why?
b. What types of relief is Penny seeking? Explain?

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Definitions:

Independent Variable

A variable that is manipulated in an experiment to determine its effect on the dependent variable.

Cause-and-Effect Relationship

A connection between two events where one (the cause) directly results in the occurrence of the other (the effect).

Research Method

A systematic approach to conducting research that involves collecting data, analyzing information, and presenting findings.

Infer

To deduce or conclude information from evidence and reasoning rather than from explicit statements.