"You be the judge" and render a decision on the following fact patterns based on material we have studied in class this semester. Be sure to write answers in IRAC paragraph format including the specific rule of law you rely on. Remember, in IRAC paragraph format, first identify the legalissueposted by the fact scenario in the form of a question, next state theruleof law that applies, then give ananalysisby telling how the facts apply to the law cited, and finally give your ruling as a judge in theconclusion. Each question is worth 25 points.

1. David Smith suspected his wife Shayna of having an affair, so he taped her phone conversations and, based on what he heard, sued for divorce. David's lawyer, Willy Wonka, had the recorded conversations transcribed for use at trial. The parties settled the divorce out of court and signed an agreement that included this clause:

Except as herein otherwise provided, each party hereto completely and forever releases the other and his attorneys from any and all rights each has or may have . . . to any property, privileges, or benefits accruing to either by virtue of their marriage, or conferred by the Statutory or Common Law of Ohio or the United States of America.

After the divorce was final, Shayna sued William for invasion of privacy and violation of federal wiretapping law. William moved to dismiss the case based on the clause quoted. Shayna argued that he was not a party to the divorce settlement and had no right to enforce it. How would you rule?