Question
1.In a lawsuit between Digital Sales Corporation and Engineering Associates Inc.the court applies the doctrine of stare decisis. What is this doctrine. What's its application
1.In a lawsuit between Digital Sales Corporation and Engineering Associates Inc.the court applies the doctrine of stare decisis. What is this doctrine. What's its application to the American Legal system? Discuss howpast judicial decisions are binding in current disputes with similar facts and itsapplication tocommon law.
2.Assume that Arthur is suing Xavier Sanchez for breaching a contract in which Sanchezpromised to sell Arthur a painting by Vincent Gogh for $30 million.
a) In this law suit, who is the Plaintiff and the Defendant?
b)Suppose that Arthur wants Sanchez toperform the contract as promised. What remedy would Arthur seek from the court?
c) If Arthur wants to cancel the contract, because of a mistake of fact regarding ownership of painting, what remedy would Arthur seek?
d) What is the differencebetween remedy in law and remedy in equity?
3.Richard is an employee of the Dunn construction company. While delivering materials to a construction site he carelessly backs his truck int a car driven by Gary.When the company learns of the accident they fire Richard.Dunn also writes a letter to the union and to other construction companies stating that "Richard is the worse driver in the world and anyone who hires him is asking for legal liability"Richard files a suit against Dunn alleging libel. Will Richard be successful?Why or why not?
4.Kinosees a DVD Player on the porch ofLulu's house, takes the player to his home, and tells everyone he owns it. Maya holding a knife, forces Nick to give her his boom box, and runs away with it. Ollie breaks into Pam's apartment , takes a computer and leaves.Which of these acts are crimes . State the differences among them and provide brief definitions.
5.A state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors."Despite this new statute, the president of Games Marketing INC. (GMI), orders GMI marketers to place as in any media. When a GMI ad appears on HDTV, a local television station, GMI and HDTV are charged with violating the statute. What is the defendant's best defense against a conviction?
6.Five male university students (Abe, Bob Dan and Ed) were on Spring Break. They met a young woman named Mary. They lured her back to their hotel room and made sexual advances but she only accepted Dan's overtures.
Abe said "If Mary isn't willing to have sex with us we'll force her" Bob nodded his assent but Dan and Ed did not respond. Abe locked the door and Mary could not get out.Bob suddenly had a change of heart and left the hotel room. Abe then forced Mary to have sex with him and Mary passed out. Dan decided that since Mary wanted to have sex with him it was ok and proceeded to have sex with the unconscious Mary. Mary woke up screaming and Abe choked her until she was dead. Ed watched the whole thing but said and did nothing. After Mary dies, Abe and Dan and Ed went to Bob's bedroom and told him the whole story. Bob invited them to stay with him so they wouldn't be found with the dead body of Mary.The next morning, police found Mary's dead body and arrested all the students.What crimes (if any) will the students (individually and collectively) be charged with; what will be their individual and collective defenses, what, in your opinion, will be the potential outcome and why?
7.Dan a driver for EZ Delivery Company, leaves the truck motor running in neutral and carelessly forgets to set the parking brake while he makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a constructionsite a block away. A burned wall collapses onto a crane which falls on, and injures, a bystander.What must Flo show to recover damages fromDan? What tort has Dan committed?
8.What does the equal protection clause of the 14th amendment to the constitution provide?Research and providea case in which the equal protection clause was used and provide the Facts; Law; Holding of the Court with regard to the case selected.
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