1 10 pts Dave, a Certified Public Accountant in private practice in La Mesa, is out for an afternoon ride on his brand new e-bike on the Mission Beach boardwalk. It's a sunny day and the boardwalk is busy. The posted speed limit is 8 mph, but Dave's bike has no speedometer. He is, though, regularly passing others on non-motorized bikes. On a skateboard heading towards Dave from the other direction is Maria, a second- year Grossmont business student. Blasting Eminem through her earbuds, Maria is oblivious to all around her. As the two approach one another, Dave sees out of the corner of his eye a soccer ball flying directly towards him. Dave panics, closes his eyes and shrieks. His bike drifts across the yellow painted line separating those traveling one direction from the other. Dave crashes into Maria, knocking her from her skateboard and into a palm tree. Dave flies over the bike handlebars, cracking his head on the pavement. He's alert, but bleeding profusely. Franco, a tourist from Brazil and the one who kicked the errant soccer ball approaches Dave and apologizes. Dave lunges at Franco, screaming "I'm you!" Franco, a Mixed Martial Arts (MMA) fighter, tackles Dave, punches nose, and puts him in a choke hold rendering him unconscious. An ambulance arrives and takes both Maria and Dave to the hospital. Maria is hospitalized for six days and released. Dave suffered a concussion, a broken nose and a large gash across his face that required 57 stitches. Dave learns that Franco has an MMA fight planned for this weekend at the San Diego Sports Arena. This is a huge match for Franco. He expects that this fight can launch him into the big time in the MMA world. Dave wants to hurt Franco in the pocketbook since he certainly can't cause him any physical pain. He reaches out to Billy, the president of the MMA Association and his old college roommate from his time at SDSU. Dave asks Billy to cancel Franco's upcoming match and to blacklist him from any future matches. Billy agrees. Franco never fights again. As expected, lawsuits begin to fly. The following questions are based on this scenario. Provide complete answers. Here is question 1: 8 8 8 8 8 Maria, the young lady on the skateboard, files a lawsuit against Dave seeking $100,000 to cover injuries she suffered from being struck by his electric bike. a)Can Maria file her lawsuit in federal court? Explain why or why not. b)Let's assume for this question that by the time Dave was served with 2:39 him into the big time in the MMA world. Dave wants to hurt Franco in the pocketbook since he certainly can't cause him any physical pain. He reaches out to Billy, the president of the MMA Association and his old college roommate from his time at SDSU. Dave asks Billy to cancel Franco's upcoming match and to blacklist him from any future matches. Billy agrees. Franco never fights again. As expected, lawsuits begin to fly. The following questions are based on this scenario. Provide complete answers. Here is question 1: Maria, the young lady on the skateboard, files a lawsuit against Dave seeking $100,000 to cover injuries she suffered from being struck by his electric bike. a)Can Maria file her lawsuit in federal court? Explain why or why not. b)Let's assume for this question that by the time Dave was served with Maria's lawsuit he had moved to Portland, Oregon. Maria serves Dave at his home in Portland, demanding his appearance in California state court. Dave refuses to appear in California, saying that Maria will have to file her lawsuit in Oregon. Can Maria force Dave to appear in court in San Diego? Why or why not? Edit View Insert Format Tools Table Question 2 10 pts For this question we'll assume that Maria filed her lawsuit against Dave in the proper court. a)What legal issue will Maria most likely raise in her lawsuit against Dave? (The Issue) b)What is the definition (the elements) of this legal issue? (The Rule) c) Apply the facts to each element of this rule. Here you are an advocate for Maria. (Analysis) D Question 3 For this question, we'll assume Maria's lawsuit against Dave moved to the "discovery" phase. a)In your own words, what is the purpose of the discovery process? b)List two discovery tools and how each works. 10 pts c)How might Maria use these discovery tools to discover relevant facts? For example, how might she prove Dave was speeding? Use your imagination here. D Question 4 10 pts a)For this question, let's say that a witness testified that Maria was traveling at least 15 mph at the time of the collision. How might that impact Dave's defense? Explain. b) List at least one other defense (besides the one in part a) that Dave might raise in response to Maria's lawsuit. Explain the defense and whether or not you believe this defense will be successful. Question 5 10 pts ab We're done with Maria's lawsuit against Dave. Now we're going to have a look at Dave's lawsuit against Franco. Dave files a lawsuit to recover damages for the beating he took from Franco. a)What legal issue will Dave most likely raise in his lawsuit against Franco for the beating he experienced? (Don't yet concern yourself with any possible defenses Franco may have.) b)What are the elements of this legal issue raised by Dave against Franco? c)Now list the defense that Franco will most likely raise. Explain. 8 Franco was devastated when he learned he would never fight again with the MMA. He later learned that Dave played a role in making this happen. He files a lawsuit against Dave. a)What legal issue will Franco most likely raise in his lawsuit against Dave? b)What are the elements of this legal issue? c)Will Dave's lawsuit against Franco be considered a criminal action or civil action? Explain. Question 7 10 pts a) For Franco's lawsuit against Dave in question 6, apply the facts to each element. Remember, here you are an advocate for Franco. b)If Franco is successful, will he be entitled to punitive damages? Explain. Question 8 Let's say Franco calls to the stand Dave's wife to testify as to what Dave told her about the lawsuit. 10 pts a)Dave's attorney finds a 1980 U.S. Supreme Court decision that allows Dave's wife to refuse to testify against him due to the maritat spousal privilege, Franco asks his attorney the likelihood that the US Supreme Court will overturn this earlier decision. Which legal doctrine makes it unlikely that the US Supreme Court would averturn an earlier decision? b)Explain the rationale for this legal doctrine. What purpose does it serve? Question 9 10 pts For this question only, let's say the San Diego Police issued Franco a citation for kicking the soccer ball that hit Dave. Specifically, the law cited makes soccer games on the beach illegal. Franco believes soccer players are unfairly treated, since baseball and football games are allowed on the beach. But not soccer. Franco files a lawsuit against the city of San Diego for discriminating against him. a)Where in the U.S. Constitution might Franco find help with his lawsuit against the city to challenge the practice of treating soccer players differently than those of other ball players? b)Three tests were created to help determine if one is being unfairly treated by the government. List the three tests here. c) Who (which entity) created these tests? Question 10 10 pts The Supreme Court, should Franco's case make it that far, will use one of three tests noted in question 9 to determine whether or not Franco was being treated fairly by the city of San Diego. a)Which of the three tests do you expect the Court to use in this case? b)Apply the facts to this test. Who do you expect to win? Explain