Background Facts - 1. Unable to obtain a license anywhere in Los Angeles County to operate a legal marijuana dispensary due to problems in his youth (e.g., believing he could "cast spells", killing "demons"), Harry Potash decided to go with the trend and sell smokes and vapes (cigarettes and e-cigarettes) online, legally changing his name to Harry Puffzall. 2. Unfortunately for Harry, both the State of California and the City of Los Angeles began cracking down on tobacco and vaping products, making Harry's planned business venture a money-losing proposition. 3. Ever creative and entrepreneurial, Harry decided to market CBD-oil products (cannabis-based, but without the THC chemical that gets people "high") through his ingenious invention combining CBD oil with a moist powder (made from dried, ground-up hog warts and talcum) that turned into vapor that people could sniff, snort, or inhale. Harry again legally changed his name - to Harry Pothead - and named his product a "Snape", from a combination of "sniff"/"snort" and "vape". 4. Snapes delivered excellent temporary pain relief (e.g., from arthritis/joint pain, headache, eye strain, cramps) with a mild feeling of elation, relaxation, and overall good mood - i.e., a slight "buzz." Although technically not physically addictive, Snapes were psychologically addictive, particularly for college students (who need pain relief and a slight "buzz" to dull the stress of exams and anxiety over grades). 5. Shortly after his online product launch, Harry's business expanded so much that he was selling billions of Snapes, forcing him to hire staff - his good friends Hermione G. Ranger and Ron Weasilly. Harry's profits from his Snapes business puffed up to more than $20 million each month. 6. Sadly, problems began to arise for regular Snape users. More than 100 people suffered nasal cavity scars, and there was one death - CSULA sophomore Vic Timm - all blamed on Snapes. 7. Almost immediately, Harry's Snape "factory"/warehouse was visited by dozens of federal, state, and local inspectors. All of them inspected the factory's operations and afterward urgently ordered Harry to halt Snape production and sales. 8. Harry saw his dreams of fame and great wealth literally going up in smoke, but Vic Timm's relatives ("Vic's Family" or the "Family") had lost far more. Deep in their grief, Vic's Family contacted an old friend, CSULA professor and attorney Letty Gator. Extremely busy battling unlicensed pot shops and knowing of your excellent CSULA education in Business Law, Attorney Gator has asked you to help the Timm family with your insights.

Additional Facts - 1.1. Based on Vic Timm's death, allegedly caused by Snapes, Harry was arrested, held in Azkaban Prison, and tried in L.A. Superior Court for "Involuntary Manslaughter" - defined in California law as "the unlawful killing of a human being without malice and in the commission of a misdemeanor or a lawful act without due caution." 1.2. Trial testimony of expert witness otolaryngologist (i.e., ear, nose, and throat specialist) Dr. H.R. Puffinstuff and Medical Examiner Bella-Trixie L'Estrange was inconclusive. Sure, the talcum mixed into Snape's powder/vapor was a carcinogenic (i.e., cancer-causing) substance that was slowly killing Vic. And, Vic's intense overuse of Snapes during Spring Semester finals week may have caused his death (by heart attack) or contributed to it, but so could have Vic's diet of high fat, high sodium, high carbohydrate, and preservative-filled fast-food burgers, fries, and ramen noodle cups. 1.3. Despite Asst. District Attorney Vole D. Morte's best efforts to convict Harry, the jury acquitted Harry in Vic's death, based on the conflicting evidence.

Question - Although a criminal court has tried and acquitted Harry, freeing him without any punishment, does Vic's Family have the legal right to sue Harry, Hermione, and Ron in civil court for wrongfully causing or contributing to Vic's death? If so, using the eight differences between the criminal law system and the civil law system and citing specific Background and/or Additional Facts to support your answer, (1) explain why Vic's Family has the legal right to sue Harry in civil court, (2) explain why double jeopardy does not block this civil suit, and (3) detail what Vic's Family hopes to win through that lawsuit. Or, if not, using the eight differences between the criminal law system and the civil law system and citing specific Background and/or Additional Facts to support your answer, (1) explain why Vic's Family has no legal right to sue Harry in civil court, (2) explain why double jeopardy blocks this civil suit, and (3) detail why the jury's favorable verdict in the criminal case prevents the Family's civil lawsuit against Harry.

Additional Facts - b.1. In addition to Vic's death and the nasal cavity injuries, mere weeks after Harry's acquittal in the criminal trial, a number of Snape users - particularly CSULA students - had begun complaining of headaches, dizziness, disorientation, and severe memory loss (particularly before midterms), as reported by L.A County General/USC Hospital, the CSULA Student Health Center, and local clinics. b.2. Investigators had found that Snapes were more dangerous than they originally had thought - that Snapes had poisoned hundreds, if not thousands, of "snapers". b.3. Nevertheless, needing to pay his lawyers to keep defending him, Harry kept Hermione, Ron, and the Snape factory mugglers (i.e., workers) busy making the highly profitable Snapes.

Question - Is there a remedy other than money available to the government in a civil case by which a federal or state court could use its (magical?) powers to forbid Harry and his underlings from making and selling any more poisonous Snapes? If so, (1) being certain to (a) identify the source of law/category of remedies that could provide the government with such a remedy, (b) identify a specific order of relief the civil court could issue based on the serious threat of death or injury from the SNAPE units, and (c) identify the two basic standards for such relief (what the government must demonstrate in court to win this order), and then (2) citing specific Background and/or Additional Facts to support your answer, explain why this relief is necessary and appropriate in this case. Or, if not, (1) being certain to (a) identify the source of law/category of remedies that could provide the government with such a remedy, (b) identify a specific order of relief the civil court could issue based on the serious threat of death or injury from the SNAPE units, and (c) identify the two basic standards for such relief (what the government must demonstrate in court to win this order), and then (2) citing specific Background and/or Additional Facts to support your answer, explain why this relief is unnecessary and/or inappropriate in this case.

Additional Facts - c.1. Before his criminal trial, Harry had spent over $500,000 on internet advertising for Snapes as a "safer alternative to cigarettes and e-cigs." c.2. After their inspections, various federal government bureaus had declared that Harry's Snape advertising and promotional was illegal. Harry now faces added fines and penalties if his pre-paid advertising and promotion continues.

Question - Under the First Amendment to the U.S. Constitution, does Harry have the right to continue to advertise and promote his product without interference or penalty imposed by the federal government? If so, (1) identify the specific legal term for the particular type of speech that Harry is engaged in and that the government action is wrongfully abridging; and (2) citing specific Background and/or Additional Facts to support your answers, give two reasons that the First Amendment protects Harry's advertising/ promotional speech, explaining why the federal government may not limit or interfere with this speech in any way. Or, if not, (1) identify the specific legal term for the particular type of speech that Harry is engaged in and that the government action is wrongfully abridging; and (2) citing specific Background and/or Additional Facts to support your answers, give two reasons that the First Amendment does not protect Harry's advertising/promotional speech, explaining why the federal government may limit or block this speech entirely.

Additional Facts - d.1. Harry's lawyer, A. Certs, argues that, in light of Harry's acquittal in the criminal trial, Harry's business should not be "harassed" or "punished" by government authorities any further. d.2. In fact, Attorney Certs contends that the U.S. Constitution protects Harry's sales, distribution, and advertising of Snapes, as Harry is guaranteed the rights to "life, liberty, and the pursuit of happiness"; mega-profits make Harry happy. d.3. Further, Attorney Certs maintains that Harry's sale of Snapes is actually a public benefit, given the product's pain-reducing effects and given the terrible societal cost of the opioid crisis, caused by what the attorney calls a blatant, fraudulent over-prescription of pain pill falsely labeled as "safe" and "non-addictive."

Question - Is Attorney Certs correct in his arguments in Harry's favor - that government must not interfere with Harry's business operations and that it is for the good of the public that Harry's business operations flourish without government interference? To answer this Question, (1) identify the portion of the U.S. Constitution that allows the federal government to regulate Harry's business "between the states" in the U.S., across the country, and internationally [HINT: You may use the specific term/colloquial label for this Constitutional provision, or its Article and Section number.]; (2) identify the source of law that generally gives government(s) power to enact and enforce laws to promote the "best interests of society" (including the power to protect business activities deemed to be in the public interest); and (3) citing specific Background and/or Additional Facts to support your answer, explain why you believe Attorney Certs is correct OR incorrect in his arguments.

Additional Facts - e.1. Governmental control over Harry's sales, distribution, and advertising is concentrated in the pronouncements of bureaucrats from "alphabet" departments of the federal government (e.g., FDA, FTC, ATF), state government (e.g., CalDCA - Department of Consumer Affairs), and local government (e.g., Los Angeles County Health Department).

Question - What are these local, state, and federal bureaus or departments, and what powers do they have over businesses? To answer this Question, (1) identify the general legal term for these federal, state, or local government entities and identify the general legal term for the source of law that allows these entities to make and interpret law "to protect the health, welfare, safety, and/or morals" of the public; (2) specify the two types of law that may be created by these government entities to control business activities under their authority; and (3) citing specific Background and/or Additional Facts to support your answers, explain how these government bureaus or departments enforce their controls over business.

Additional Facts - f.1. Disturbed by the continued sales, distribution, and advertising of Snapes and the resulting extreme profits, and feeling Vic's loss even more profoundly as the holidays approached, Vic's Family - particularly his sister, Sis Timm - pressed Attorney Gator to file suit against Harry and anyone else responsible for those "evil, deadly Snapes". f.2. In the lawsuit that Attorney Gator was preparing on behalf of Vic's Family, Attorney Gator believed that various digital documents - including purchase records, testing data, shipment receipts, and field reports (including complaints) generated and received by the Snapes factory/distribution hub - would be crucial evidence to support the claims of Vic's Family. These digital documents could prove that Harry, Hermione, Ron, and some or all of the mugglers actually knew or reasonably should have known - before Vic's death - that Snapes were full of toxics and carcinogens (i.e., cancer-causing substances) and could cause sudden death, especially in someone with co-morbidity factors. f.3. After filing the Family's lawsuit, Attorney Gator immediately served Harry, Hermione, Ron, and as many of the mugglers as she could locate with a notice of "litigation hold". f.4. Then, as soon as allowed by the California Code of Civil Procedure, Attorney Gator served a Request to Produce Documents, but, claiming invasion of privacy, trade secret, and business security/terrorism concerns, lawyers for Harry, Hermione, Ron, and the named mugglers (the "Harry Parties") repeatedly and completely refused Attorney Gator's demands (on behalf of Vic's Family) for a copy of these relevant digital documents. f.5. Frustrated with stonewalling (i.e., utter refusals to cooperate with clear obligations in the litigation) by lawyers for Harry, Hermione, Ron, and the named mugglers, Attorney Gator filed a motion in court, asking Judge I. M. Wisdom to order the Harry Parties to provide copies of all relevant digital documents to Attorney Gator (for Vic's Family) and punishing them for their failures to do so, to date. f.6. In response, lawyers for the Harry Parties claimed that the originals of these documents had been corrupted beyond repair and unrecoverable after being mistakenly deleted as part of a "system upgrade" of Harry's Internal Security Software ("HISS"). County Health Department).

Question - Assuming the civil lawsuit Attorney Gator has filed on behalf of Vic's Family against the Harry Parties has survived an initial motion to dismiss, does the Family (through its lawyer) have the legal right to obtain these important electronic documents from any of the Harry Parties before Trial?

If so, (1) identify the general legal term for the pretrial process by which a party can send a demand to provide/exchange documents and things and, in particular, identify the specific legal term for the demand to provide/exchange digital documents and other computer-stored records; (2) explain - in detail - the three legal responsibilities the Harry Parties have to Vic's Family regarding these electronic documents and Vic's Family's demand to provide them [HINT: If you only use "buzz words" (i.e., a single word or phrase to express a concept) without a full explanation, you will receive almost no credit.]; (3) specify the three penalties the civil court could impose on the Harry Parties; and (4) citing specific Background Facts and/or Additional Facts, explain why the Harry Parties will face these penalties for their continued refusals (and now claimed total inability) to comply with Vic's Family's demands for a copy of these digital records.

Or, if not, (1) identify the general legal term for the pretrial process by which a party can send a demand to provide/exchange documents and things and, in particular, identify the specific legal term for the demand to provide/exchange digital documents and other computer-stored records; (2) explain - in detail - the three legal responsibilities the Harry Parties have to Vic's Family regarding these electronic documents and Vic's Family's demand to provide them [HINT: If you only use "buzz words" (i.e., a single word or phrase to express a concept) without a full explanation, you will receive almost no credit.]; (3) specify the three penalties the civil court could impose on the Harry Parties; and (4) citing specific Narrative Facts, explain why the Harry Parties will not face these penalties for their continued refusals (and now claimed total inability) to comply with Vic's Family's demands for a copy of these digital records.

[FOR THIS QUESTION, YOU MUST CONSIDER THE BACKGROUND FACTS AND THE ADDITIONAL FACTS DISCUSSED IN THE IMMEDIATELY PRECEDING SECTION OF THIS EXAM, ABOVE.] Supplemental Facts - B.1. Concerned that the Los Angeles County Superior Court might not be able to handle numerous serious new claims against the Harry Parties quickly and efficiently (particularly considering the terrible California state budget cuts), Attorney Gator is considering whether a lawsuit by Vic's Family against the Harry Parties. should be filed in Federal Court instead. B.2. Remember that all parties "reside" locally, that is, within California.

Question -

Would a Federal Court have grounds for jurisdiction over a lawsuit filed by Vic's Family against the Harry Parties? If so, (1) specify the two grounds for Federal Court jurisdiction over civil cases, identifying which one(s) would apply to allow Vic's Family to file their case against the Harry Parties in (or have it transferred to) Federal Court rather than State Court; and (2) citing specific Background and/or Additional Facts, explain why the U.S. District Court (i.e., Federal Trial Court) for the Central District of California has jurisdiction over civil claims by Vic's Family against the Harry Parties. Or, if not, (1) specify the two grounds for Federal Court jurisdiction over civil cases, identifying which one(s) would apply to allow Vic's Family to file their case against the Harry Parties in (or have it transferred to) Federal Court rather than State Court; and (2) citing specific Background and/or Additional Facts, explain why the U.S. District Court (i.e., Federal Trial Court) for the Central District of California has no jurisdiction over civil claims by Vic's Family against the Harry Parties.

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