Chapter 1:

Question 1.2: 1-2. QUESTION WITH SAMPLE ANSWER: Schools of Jurisprudential Thought. After World War II, an international tribunal of judges convened at Nuremberg, Germany and convicted several Nazis of "crimes against humanity." Assuming that these convicted war criminals had not disobeyed any law of their country and had merely been following their government's orders, what law had they violated? Explain. For a sample answer to Question 1-2, go to Appendix F at the end of this text.

Question 1.3: 1-3. Reading Citations Assume that you want to read the entire court opinion in the case of Pinard v. Dandy Lions, LLC, 119 Conn.App. 368, 987 A.2d 406 (2010). Refer to the subsection entitled "Finding Case Law" in this chapter, and then explain specically where you would nd the court's opinion.

Chapter 2

Question 2.1: 2-1. Discovery Rules In the past, the rules of discovery were very restrictive, and trials often turned on elements of surprise. For example, a plaintiff would not necessarily know until the trial what the defendant's defense was going to be. In the last several decades, however, new rules of discovery have substantially changed this situation. Now each attorney can access practically all of the evidence that the other side intends to present at trial, with the exception of certain informationnamely, the opposing attorney's work product. Work product is not a precise concept. Basically, it includes all of the attorney's thoughts on the case. Can you see any reason why such information should not be made available to the opposing attorney?

Discuss

1-2A. Question with Sample AnswerAt the time of the Nuremberg trials, "crimes against humanity" were new international crimes. The laws crim-inalized such acts as murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population. These international laws derived their legitimacy from "natural law." Natural law, which is the oldest and one of the most signi cant schools of jurisprudence, holds that governments and legal systems should re ect the moral and ethical ideals that are inherent in human nature. Because natural law is universal and discoverable by reason, its adherents believe that all other law is derived from natural law. Natural law therefore supersedes laws created by humans (national, or "positive," law), and in a con ict between the two, national or positive law loses its legitimacy. The Nuremberg defendants asserted that they had been acting in accordance with German law. The judges dismissed these claims, reasoning that the defendants' acts were commonly regarded as crimes and that the accused must have known that the acts would be considered criminal. The judges clearly believed the tenets of natural law and expected that the defendants, too, should have been able to realize that their acts ran afoul of it. The fact that the "positivist law" of Germany at the time required them to commit these acts is irrelevant. Under natural law theory, the international court was justi ed in nding the defendants guilty of crimes against humanity.

Question 2.5: 2-5. Discovery In October 2004, Rita Peatie led a suit in a Connecticut state court against Wal-Mart Stores, Inc., to recover for injuries to her head, neck, and shoulder. Peatie claimed that she had been struck two years earlier by a metal cylinder falling from a store ceiling. The par-ties agreed to nonbinding arbitration. Ten days before the hearing in January 2006, the plaintiff asked for, and was granted, four more months to conduct discovery. On the morning of the rescheduled hearing, she asked for more time, but the court denied this request. The hearing was held, and the arbitrator ruled in Wal-Mart's favor. Peatie led a motion for a new trial, which was granted. Five months later, she sought through discov-ery to acquire any photos, records, and reports held by Wal-Mart regarding her alleged injury. The court issued a "protective order" against the request, stating that the time for discovery had long been over. On the day of the trialfour years after the alleged injurythe plain-tiff asked the court to lift the order. Should the court do so? Why or why not? [Peatie v. Wal-Mart Stores, Inc., 112 Conn.App. 8, 961 A.2d 1016 (2009)]

Question 2.7: 2-7. A QUESTION OF ETHICS: Service of Process.Narnia Investments, Ltd., led a suit in a Texas state court against several defendants, including Harvestons Securities, Inc., a securities dealer. (Securities are documents evidencing the ownership of a corporation, in the form of stock, or debts owed by it, in the form of bonds.) Harvestons is registered with the state of Texas, and thus a party may serve a summons and a copy of a com-plaint on Harvestons by serving the Texas Securities Commissioner. In this case, the return of service indicated that process was served on the commissioner "by delivering to JoAnn Kocerek defendant, in person, a true copy of this [summons] together with the accompanying copy(ies) of the [complaint]." Harvestons did not le an answer, and Narnia obtained a default judgment against the defendant for $365,000, plus attorneys' fees and interest. Five months after this judgment, Harvestons led a motion for a new trial, which the court denied. Harvestons appealed to a state intermediate appellate court, claiming that it had not been served in strict compliance with the rules governing service of process. [ Harvestons Securities, Inc. v. Narnia Investments, Ltd., 218 S.W.3d 126 (Tex.App.Houston 2007)] (a) Harvestons asserted that Narnia's service was invalid, in part, because "the return of service states that process was delivered to 'JoAnn Kocerek' " and did not show that she "had the authority to accept process on behalf of Harvestons or the Texas Securities Commissioner." Should such a detail, if it is required, be strictly construed and applied? Should it apply in this case? Explain.(b) Whose responsibility is it to see that service of pro-cess is accomplished properly? Was it accomplished properly in this case? Why or why not?

Chapter 3:

Question 3.1 :

3-1. Arbitration In an arbitration proceeding, the arbitrator need not be a judge or even a lawyer. How, then, can the arbitrator's decision have the force of law and be binding on the parties involved?

Finding Case LawBefore discussing the case reporting system, we need to look brie y at the court system (which will be dis-cussed in detail in Chapter 2). There are two types of courts in the United States, federal courts and state courts. Both the federal and the state court systems consist of several levels, or tiers, of courts. Trial courts, in which evidence is presented and testimony given, are on the bottom tier (which also includes lower courts that handle specialized issues). Decisions from a trial court can be appealed to a higher court, which commonly is an intermediate court of appeals, or an appellate court. Decisions from these intermediate courts of appeals may be appealed to an even higher court, such as a state supreme court or the United States Supreme Court.STATE COURT DECISIONS Most state trial court deci-sions are not published in books (except in New York and a few other states, which publish selected trial court opinions). Decisions from state trial courts are typically led in the of ce of the clerk of the court, where the decisions are available for public inspec-tion. Written decisions of the appellate, or review-ing, courts, however, are published and distributed (both in print and via the Internet). As you will note, most of the state court cases presented in this book are from state appellate courts. The reported appel-late decisions are published in volumes called reportsor reporters, which are numbered consecutively. State appellate court decisions are found in the state reporters of that particular state. Of cial reports are published by the state, whereas unof cial reports are privately published. Regional Reporters. State court opinions appear in regional units of the National Reporter System,published by West Group. Most lawyers and librar-ies have the West reporters because they report cases more quickly and are distributed more widely than the state-published reporters. In fact, many states

Question 3.3: 3-3. Award Two brothers, both of whom are certied public accountants (CPAs), form a professional association to provide tax-accounting services to the public. They also agree, in writing, that any disputes that arise between them over matters concerning the association will be submitted to an independent arbitrator, whom they designate to be their father, who is also a CPA. A dispute arises, and the matter is submitted to the father for arbitration. During the course of arbitration, which occurs over several weeks, the father asks the older brother, who is visiting one evening, to explain a certain entry in the brothers' association accounts. The younger brother learns of the discussion at the next meeting for arbitration; he says nothing about it, however. The arbitration is concluded in favor of the older brother, who seeks a court order compelling the younger brother to comply with the award. The younger brother seeks to set aside the award, claiming that the arbitration process was tainted by bias because "Dad always liked my older brother best." The younger brother also seeks to have the award set aside on the basis of improper conduct in that matters subject to arbitration were discussed between the father and older brother without the younger brother's being present. Should a court con rm the award or set it aside? Why or why not?

Chapter 4

Question 4.1 : 4-1. Business Ethics Jason Trevor owns a commercial bakery in Blakely, Georgia, that produces a variety of goods sold in grocery stores. Trevor is required by law to perform internal tests on food produced at his plant to check for contamination. On three occasions, the tests of food products contain-ing peanut butter were positive for salmonella contamination. Trevor was not required to report the results to U.S. Food and Drug Administration ofcials, however, so he did not. Instead, Trevor instructed his employees to simply repeat the tests until the results were negative. Meanwhile, the products that had originally tested positive for salmonella were shipped out to retailers. Five people who ate Trevor's baked goods that year became seriously ill, and one person died from a salmonella infection. Even though Trevor's conduct was legal, was it unethical for him to sell goods that had once tested positive for salmonella? If Trevor had followed the six basic guidelines for making ethical business decisions, would he still have sold the contaminated goods? Why or why not?

Question 4.2:

4-2. QUESTION WITH SAMPLE ANSWER: Approaches to Ethical Reasoning. Shokun Steel Co. owns many steel plants. One of its plants is much older than the others. Equipment at the old plant is outdated and inefcient, and the costs of production at that plant are now twice as high as at any of Shokun's other plants. Shokun cannot increase the price of its steel because of competition, both domestic and international. The plant employs more than a thousand workers; it is located in Twin Firs, Pennsylvania, which has a population of about forty-ve thousand. Shokun is contemplating whether to close the plant. What factors should the rm consider in making its decision? Will the rm violate any ethical duties if it closes the plant? Analyze these questions from the two basic perspectives on ethical reasoning discussed in this chapter

Chapter 5

Question 5.3 : 5-3. Equal Protection With the objectives of preventing crime, maintaining property values, and preserving the quality of urban life, New York City enacted an ordinance to regulate the locations of commercial establishments that featured adult entertainment. The ordinance expressly applied to female, but not male, topless entertainment. Adele Buzzetti owned the Cozy Cabin, a New York City cabaret that featured female topless dancers. Buzzetti and an anonymous dancer led a suit in a federal district court against the city, asking the court to block the enforcement of the ordinance. The plaintiffs argued, in part, that the ordinance violated the equal protection clause. Under the equal protection clause, what standard applies to the court's consideration of this ordinance? Under this test, how should the court rule? Why?

Question 5.4: 5-4. Freedom of Speech Henry Mishkoff is a Web designer whose rm does business as "Webfeats." When Taubman Co. began building a mall called "The Shops at Willow Bend" near Mishkoff's home, Mishkoff registered the domain name "shopsatwillowbend.com" and created a Web site with that address. The site featured information about the mall, a disclaimer indicating that Mishkoff's site was unof cial, and a link to the mall's of cial site. Taubman discovered Mishkoff's site and led a suit in a federal district court against him. Mishkoff then registered various other names, including "taubmansucks.com," with links to a site documenting his battle with Taubman. (A Web name with a "sucks.com" moniker attached to it is known as a complaint name, and the process of registering and using such names is known as cybergriping.) Taubman asked the court to order Mishkoff to stop using all of these names. Should the court grant Taubman's request? On what basis might the court protect Mishkoff's use of the names? [Taubman Co. v. Webfeats, 319 F.3d 770 (6th Cir. 2003)]