Essay on "Procurement and Contract Law"

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Procurement and Contract Law

In your opinion, does Stone qualify as an original source for purposes of the FCA? Why or why not? Which side is most convincing: the majority of the court or the dissenters? If this case was heard by the current Supreme Court of the United States, do you think the outcome would be the same or different? Why? Use information in the briefs for the petitioner and the respondent to support your position along with the decision of the United States Supreme Court.

I believe Stone did not quality as an original source because he predicted the fraudulent activities of Rockwell and did not actually witness it firsthand. He could have easily made up everything and the court would choose in favor of the company. Since FCA wants it as someone who is an "original source," he does not meet their expectations. A person who would better fit this scenario is those that actually work in management, such as a manager or supervisor. Furthermore, Stone was not in this type of position, so it is hard to prove what it is he is actually trying to prove to the federal and state judges.

The side that is most convincing is that of the court. This is because they frequently refer back to the law and provide much argument on why Stone was not an original source despite him attempting to get justice at his workplace. In fact, when much investigation was done to find out what was going on within the organization and to find out if Stone's accusations were true. They stressed that his words were forecasted. Anyone could conclude that what he said could have easily become made up in order to win some money from the Rockwell. I think that despite the fact t

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hat he was a year away from retiring, he chose to take management to court. He should have waited until he was in retirement, so that he would not lose any of his benefits, and this was a poor choice on his part despite the court's decision.

The current Supreme Court would agree with the findings in this particular case. Most of the time when anything transfers from a district court to the next one in that is higher up, they usually agree with each other's evidence that was found. On a few occasions, justices will decide otherwise. According to the reading material, the Supreme Court had a 6-2 vote, and believed that Stone was not the originator of the information that he accused Rockwell of when taking legal action. However, since the district court said that with Stone's predictions his words were enough to make him the original source of authentication. Ultimately, the choice is up to the individual on whom to take sides with in regards to this scenario.

Did you enjoy listening to the oral arguments and the opinion announcement of the court? Why or why not? Did anything about the oral arguments surprise you, such as the questions raised by the justices or the dialogue back and forth? Did you feel either party was more persuasive with its oral… READ MORE

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Quoted Instructions for "Procurement and Contract Law" Assignment:

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1. Proceed to the following website, and read the synopsis of the case Rockwell Intern. Corp. v. U.S. This case concerns the False Claims Act (FCA) discussed in the text. It specifically discusses the FCA*****s qui tam provision in a case about false claims made about environmental safety.

http://www.oyez.org/cases/2000-2009/2006/2006_05_1272

All of the documents below can be found on the above webpage, but to make sure you are able to locate them, the links to the specific documents have been provided to you.

2. Proceed to this website (on the left side of the page you are on), and read the initial brief of the petitioner (Students need to copy and paste this link. Linking does not work, but copying and pasting does.):

http://www.oyez.org/sites/default/files/cases/2000-2009/2006/2006_05_1272/briefs/petitioner/Petitioner%20Rockwell%20International%20Corp%20and%20Boeing%20North%20American%2C%20Inc.pdf

3. Next, read the brief for the respondent (the United States):

http://www.oyez.org/sites/default/files/cases/2000-2009/2006/2006_05_1272/briefs/respondent/Brief%20for%20Respondent%20United%20States.pdf

4. Then, read the reply of the petitioner to the respondent*****s brief:

http://www.oyez.org/sites/default/files/cases/2000-2009/2006/2006_05_1272/briefs/petitioner/Reply%20Brief%20for%20Petitioner%20Rockwell%20International.pdf

This is the order in which the documents were filed.

5. Listen to both the oral argument and the opinion announcement on the left side of this page:

http://www.oyez.org/cases/2000-2009/2006/2006_05_1272

6. Read the decision of the United States Supreme Court in this case:

http://supreme.justia.com/us/549/05-1272/

After reading these documents and listening to the argument and the opinion, please answer the following questions in the essay:

1. In your opinion, does Stone qualify as an *****original source***** for purposes of the FCA? Why or why not? Which side is most convincing: the majority of the court or the dissenters? If this case was heard by the current Supreme Court of the United States, do you think the outcome would be the same or different? Why? Use information in the briefs for the petitioner and the respondent to support your position along with the decision of the United States Supreme Court.

2. Did you enjoy listening to the oral arguments and the opinion announcement of the court? Why or why not? Did anything about the oral arguments surprise you, such as the questions raised by the justices or the dialogue back and forth? Did you feel either party was more persuasive with its oral argument?

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