Category: Law

TORTS AND NEGLIGENCE

iNTENTIONAL TORTS
California Consumers Co. purchased from S.L.Coker an ice distributing business in the city of Santa Monica. In the purchase agreement, Coker agreed that he would not engage in the business of selling or distributing ice either directly or indirectly in Santa Monica, so long as the purchasers or any later purchasers remained in the business. Imperial Ice Co. acquired the ice distributing business from California Consumers. Coker subsequently began selling ice in the same territory. The ice was supplied to him by a company owned by Rosner and Matheson on very attractive terms, because they wanted to break into the territory. Imperial Ice sued to obtain an injunction to restrain Coker from violating his original contract. Did Rosner induce Coker to violate his contract and were they therefore liable for the tort of wrongful interference with contractual relations? Explain. http://smallbusiness.findlaw.com/liability-and-insurance/tortious-interference.html
NEGLIGENCE
Negligence:

1) Isuzu Motors America, Inc. does not warn its customers of the danger of riding unrestrained in the cargo beds of its pickup trucks. 17 year old Donald Josue was riding unrestrained in the bed of an Isuzu truck driven by Iaone Frias. When Frias lost control of the truck, it struck a concrete center divider. Josue was ejected and his consequent injuries rendered him paraplegic. Josue files suit in a Hawaiian State court against Isuzu alleging that they had a duty to warn people not to ride in the bed of the truck unrestrained. Should Isuzu be held liable?  Explain the theory of negligence and then apply it to the case. Be sure to discuss and possible defenses to the Plaintiff’s claim.

2) A water pipe bursts flooding a Small Business Company utility room and tripping the circuit breakers on a panel in the room. Small Business contacts Tom, a licensed electrician with five years experience, to check the damage and turn the breakers back on. Without testing for short circuits, which Tom knows he should do, he tries to switch on a breaker. He is electrocuted and sues Small Business for damages, alleging negligence. What might Small Business successfully claim in defense and why?

Cell phones and the Fourth Amendment

“Cell Phones and The Fourth Amendment” Please respond to the following

Read the article titled, SCOTUS Issues Landmark Decision on Cell Phone Location Information with Major Implications for Fourth Amendment Privacy located at https://businesslawtoday.org/2018/07/scotus-issues-landmark-decision-cell-phone-location-information-major-implications-fourth-amendment-privacy/. Explain in your own words the reasoning of the Supreme Court in this case. Do you agree or disagree? Justify your rationale.

Sixth and eighth amendment

Watch the two (2) videos and reflect on how the Sixth and Eighth Amendment protections were or can be preserved in each of the videos.
Video 1:CJ in Practice: Judge Sentencing Guidelines
Video 2: Criminal Justice in Practice (scenario) Jury Selection
Then assess the impact that understanding and complying with the Sixth and Eighth Amendments will have on your future career and your ability to do your job effectively.

Links to both videos:
1. https://players.brightcove.net/268012963001/Sy9lbkRKl_default/index.html?videoId=ref:cd-crim-anim-CJanim8-CA02554&secureConnections=true&secureHTMLConnections=true&autoStart=false
2.
https://players.brightcove.net/268012963001/Sy9lbkRKl_default/index.html?videoId=ref:cd-crim-anim-CJanim10-CA02556&secureConnections=true&secureHTMLConnections=true&autoStart=false

Loving V Virginia 388 U.S. 1 (1967)

Loving V Virginia 388 U.S. 1 (1967) Landmark decision of the Supreme Court that struck down laws banning interracial marriage as violations of the Equal Protection and Due Process clauses of the 14th Amendment to the U.S. Constitution to the right of same-sex marriages. Please discuss how society has transitioned from such type of behavior being considered as being deviant to acceptable in todays society.

Any topic (writer’s choice)

This week you will research and read a sport law related case, such as American Football League v. National Football League, 205 F. Supp. 60 (D. Md. 1962).  Please cite your case like this format and try to find interesting recent cases.

You will need to find the case using Nexis Uni in our Library. You may also need to do additional research.  Then, answer the following questions:

MY TOPIC: O_Bannon v. NCAA_ 802 F.3d 1049

1.  What was the case about?  Summarize the background of the case.

2.  What law did the Court base their analysis on and why was it important?

3.  What was the outcome of the case?

4.  Did you agree or disagree with the outcome and why?

5.  Shepardize the case in Nexis Uni.  Was there a later appeal, and if so what happened?

Lesson 5-2: Corrections in America

Lesson 5-2:  Corrections in America

Discussion Question 2 (50 Points)

What are three (3) major problems found in todays prisons?  Briefly design and explain what you would believe to be a model prison for todays correctional system.  Provide a rationale for your choices using scholarly research.  (50 points)  (A 2-page response is required.)

Legal Waivers & Torts

Please read the following scenario and then answer the below questions:

Tom purchased a ticket from a scalper on a street corner to watch his favorite baseball team the Yankees.  He walked into the stadium and purchased a beer and a hotdog and took his seat in the stands.  During the fifth inning a ball was hit into the stands by one of the players on the opposing team.  Tom was too busy checking his cell phone to realize that the ball was coming right at him.  The ball hit him on the head and knocked him out.  While Tom was unconscious on the cement, another fan stole his cell phone and wallet.  The ushers then rushed Tom, still unconscious to the local hospital.  Tom was diagnosed with a concussion.  Once he awoke, he also became extremely sick.  The doctors diagnosed Tom with food poisoning from his hot dog.  Tom was required to take the next two weeks off from work, as a result of both issues. 

1.  What torts, if any, did Tom incur?

2.  Who is liable for each of Tom’s injuries?

3.  Did the manner in which Tom purchased his ticket matter in regards to legal liability?

Lesson 5-1: Corrections in America

Lesson 5:  Corrections in America

Discussion Question 1 (50 Points)

Describe probation, parole, and community corrections; summarize two (2) advantages and one (1) disadvantage for each of these types of sentencing.  Then state your opinion on one (1) of these types of sentencing, arguing whether it works as it should, and how you would improve upon the type of sentencing.  (50 points)  (A 2-page response is required.)

Courtroom and Observation

Lesson 4: Courts in America

Activity 4:  Courtroom and Observation Paper (100 points)

This Activity requires that you observe proceedings in a courtroom. To successfully complete this activity, you must fulfill the following criteria. Your Activity responses should be both grammatically and mechanically correct, and formatted in the same fashion as the Activity itself. If there is a Part A, your response should identify a Part A, etc. In addition, you must appropriately cite all resources used in your response and document in a bibliography using APA style. (100 points) (A 4-page response is required.)

1.    After completing your Required Readings, contact the clerk of courts office as listed in the government section of the telephone book or on the courts website. Plan to visit a State or Federal court to observe a criminal trial or multiple trials. Be careful to ensure that you are watching a trial, and not sentencing or motion proceedings. You can most easily identify a criminal trial by the jury in the courtroom and witnesses being interrogated by a prosecutor and a defense attorney in front of the jury. It is also acceptable to watch a bench trial (where a judge rules on the facts no jury is present); be careful to ensure that you are watching an actual trial. The courts docket will be listed on the courts website, and information about a particular trial, including court filings and briefs, may be available as well. One good source of information is the courts resources for media, which may include a summary about a particular case of interest.

2.    Keep in mind that some trials can be brief lasting only 2-3 hours. Also, many juvenile proceedings remain closed to the public. Trials can be cancelled at the last minute, so take care in scheduling. You may wish to contact the clerk of the court for assistance in planning your visit.

3.    Once you have completed your observation, write a paper discussing your experience.  In your paper, you should answer the following questions:

a.    Describe the proceedings that took place and discuss any comparisons with material from the Required Readings.

b.    How did the trial differ from what you expected? If it did not differ from your expectations, explain as well. 

c.    How would you evaluate the various actors (courtroom workgroup and witnesses) involved in this trial? Be sure to include observations about the judge, the attorneys, the court staff, the defendant, and the demeanor of witnesses who testified.

d.    In your opinion, was the trial an efficient way to resolve the type of case you observed? Why or why not?

e.    What alternatives to the trial process might you suggest for the type of case you observed?

4.    Be sure to include detailed information in your bibliography about when and where you did your observation (what type of courthouse, case, charges against the defendant(s), date and location of observation, docket number, judges information, etc.).

Hollywood in India: Protecting Intellectual Property (Cases A and B)

How can we identify plagiarism in a movie? How about software, images and books?
Is Partner a plagiarized version of Hitch? How can you tell? Both movies are about a dating coach, i.e., a man who helps other men make an impression on women they wish to date. Why cant we have two different movies with the same idea?
Is the same idea going to generate the same audience experience when implemented in two different settings or two different languages?
Consider the issue of plagiarism in a book. At how many exactly same words to you draw the line? How many lines of computer code need to be the same to judge that one piece of software is a plagiarized version of another? Is such a bright line really necessary?
Now you have these two movies: My Name is Khan is about an autistic man who falls in love, who wanders all over the United States in a quixotic quest, who quotes his mother all the time and gets to meet the President of the United States. Forest Gump is also about a somewhat different type of person, who falls in love, who happens to run all over the United States, who quotes his mother a lot and gets to meet the President of the United States. Is one character a plagiarized version of the other?
How can a movie studio prevent plagiarism?
What strategies should Fox Star adopt to combat potential piracy of My Name is Khan? Please consider the costs and benefits of each strategy you suggest.
Questions should be thoroughly analyzed and answered in a total of 8 to 10 pages.