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This is an imaginary case about a player who wants to be free to play for the team he wants, when he wants, and for the amount he wants. The Player argues the Defendant , MLB is acting like a monopoly and should be prevented from interfering in the players’ contracts. The Defendant, MLB argues that public policy, tradition and past legal decisions limit the player’s ability to make these decisions. You decide.

Plaintiff’s Case

The Plaintiff, baseball player, is one of the best players in baseball. Even the Defendant , Major League Baseball (MLB), agrees the baseball player is in the top 10. This is not the issue in this case. The issue is whether the baseball player can make his own contract with his own choice in teams and his own deal for compensation with no restrictions.

Defendant’s Case:

The Defendant, MLB, argues the game is on higher ground, it behooves everyone, including teams, to keep it there in defense of the free agent system. MLB argues the bonds of players and teams have been loosened without sacrificing the game of baseball by controlling when a player can make his own contract, for whom he plays for and how much he receives in compensation. Baseball’s history shows that chaotic conditions prevailed when there were no restrictions on a player’s contractual rights. Past United States Supreme Court decisions have supported MLB’s argument.

Agreed Facts by Plaintiff and Defendant:

1. Baseball was not regulated by law and free to develop since the mid 1800’s without worry about being sued by players as a monopoly.

2. Congress has never passed a law making baseball subject to monopoly regulation.

3. Unlike baseball, players in other professional sports such as boxing, basketball and football can sue leagues for acting as monopolies in violation of Federal Law.

4. Plaintiff, baseball player, is one of the top 10 players in MLB.

5. Baseball is a business.

Jury Instructions:

You are to accept as true the facts as stated above when rendering a decision.

You have been seated on the jury. Cast your anonymous vote below.

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Should the Plaintiff, baseball player, be able to make an unrestricted contract with teams in order to play in Defendant MLB when the result might change baseball?
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