Question
Answer each of the series of questions below based upon the factual scenarios presented. For Question 1 : You decide to join with one or
Answer each of the series of questions below based upon the factual scenarios presented.
For Question 1:
You decide to join with one or more of your fellow classmates to open and operate a business distributing beer and other beverages to retail stores in Polk County.
1. (A). Indicate under whatformof business you will operate this business andexplain whyyou chose that form.
(B). In addition, indicate anamefor your business.
For Questions 2-4:
Your business enters into a contract with Bad Frog Brewery, Inc., to distribute their beer. The label on their beer bottles is depicted above. You are successful in obtaining contracts with local grocery and convenience stores to carry Bad Frog beer distributed to them by your business.However, using a little known ordinance prohibiting "the display or furthering the display of products with obscene gestures in retail establishments in the county," and making violators subject to a fine of $100.00 per displayed item, Polk County issues citations to several of the grocery and convenience stores to whom you have sold Bad Frog Beer causing them to return the Bad Frog beer you sold them and rescind their contracts with you. You have also been issued citations for distributing the beer with the Bad Frog labels. You consult with a lawyer and he advises you to bring a lawsuit challenging the citations and fines issued by Polk County to the grocery and convenience stores and your company.
2. On what ground could your grocery and convenience store customers claim that thecontractthey entered into with you for the purchase of Bad Frog beer wasnot valid.
3. (A). Whatlegal or constitutional groundsdoes your lawyer inform you will he base the actions to challenge and rescind the citations and fines under the Polk County ordinance issued to your business and to your grocery and convenience store customers? (B).Cite a casethat he may use to help win this challenge to the ordinance in court?
4. (A).Does your business havelegalstandingto bring the lawsuit attempting to rescind the citations and fines issued to your grocery and convenience store customers? Why or why not?(B). Does your business havelegal standingto challenge the constitutionality of the ordinance?Why or why not?
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