Ethics and Business Law
Date of this version
Simulation, Pedagogy, Legal Education
This chapter adds to the body of literature on pedagogical uses of jury simulation by providing an exercise that has been successfully used as a first day of class exercise. The simulation is based on elements of a typical “office romance gone bad” sexual harassment case. This chapter describes how to use the simulation. As a first day exercise, it provides an opportunity to demonstrate expectations concerning student participation, critical thinking, as well as providing group engagement and platform for getting students to know one another. In addition, the simulation provides the students with the opportunity to learn about both procedural and substantive law. The the facts and results of the simulation may be returned to when discussing dispute resolution, the nature of evidence, the difference between compensatory and punitive damages, and why ADR might be a preferred method for some parties. The facts and jury instructions provide a relevant example for the Employment law section of the course to demonstrate the difference between quid pro quo and hostile environment sexual harassment. It also provides a platform upon which to expand law related to agency and employer liability.
LEGAL EDUCATION: SIMULATION IN THEORY & PRACTICE
Susan J. Marsnik, Setting the Stage: Using a Simulation as a First Day of Class Exercise, 87-106 Legal Education:Simulation in Theory & Practice (Caroline Strevens, Richard Grimes, and Edward Phillips, eds., Routlege, 2014)