Question
Define the rule of law for each problem, then apply the rule of law to each issue in question of each facts of each Problem.The
Define the rule of law for each problem, then apply the rule of law to each issue in question of each facts of each Problem.The answer for each issue in question of facts in each Problem must be define, explained and decided with two and/or three paragraphs for each fact of each Problem. No summary, preferences or ideas.Definitelyno one sentence answer for each issue in question of each Problem is accepted.
Problem I
Rule of Law:Criminal Law
Facts 1:
Sophie is the president of Tasty Foods Corporation, a wholesale grocery company. An inspection by Uri, a government agent, uncovers unsanitary conditions caused by Vic, a Tasty Foods employee, in the company's warehouse. Will, a Tasty Foods vice president, assures Uri that the situation will be corrected, but a later inspection reveals no such corrections. Sophie knows nothing about any of this. (20 pts)
- Issue: Can Tasty Foods be convicted of a crime in these circumstances? Define, explain, and decide
- Issue: Can Sophie be held personally liable? Define, explain and decide
Facts 2:
Fred, a successful stockbroker, gives a lecture about investing. Some of the persons who attend the lecture form Gain & Profit, an investment club, and ask Fred to advise them. Gain & Profit allows Fred to set up an account for the club with a brokerage firm and gives Fred control of the account, but does not authorize Fred to withdraw funds for his own benefit. Fred uses the money in the Gain & Profit account to repay personal loans. Charged with embezzlement, Fred defends his actions on the ground that he intended to repay the club. (20 pts)
- Issue: Is Fred guilty of embezzlement? Why or why not?Define, explain and decide.
Rule of Law:Jurisdiction
Facts 1:Rosemary, a citizen of Florida, was walking near a busy street in Florida one day when a large crate flew off a passing truck and hit her, resulting in numerous injuries to Rosemary.She incurred a great deal of pain and suffering plus numerous medical expenses, and she could not work for six months.She wishes to sue the trucking firm for over $100,000 in damages.The firm's headquarters are in Georgia, although the company does business in New York City.In view of this factual background, answer the following questions.
- Issue: In what court may Rosemary bring suit, a New York state court, a Florida state court, or a federal court?What factors may influence her decision?Define and Explain.
Problem II
Rule of Law:Tort Law - Negligence only
Facts 1:
Neal, a twelve-year-old, buys a pair of skis from Outdoor Outfitters (OO), telling the salesperson that he has never been skiing but "really wants to do it." The salesperson urges Neal to take a lesson in the sport before attempting a run, but Neal ignores the advice. On the first run, Neal loses control, hits a tree, and is injured. Neal files a suit against OO, alleging that it was negligent to have sold the skis to him, when he was clearly too young and inexperienced. (20pts)
- Issue:How might OO defend itself?Define, explain and decide
Facts 2:
A water pipe bursts, flooding a General Business Company (GBC) utility room and tripping the circuit breakers on a panel in the room. GBC contacts Hal, a licensed electrician with ten years of experience, to investigate the damage and turn the breakers "on." Hal attempts to turn on one of the breakers without testing for short circuits, which he knows should be done. Hal is electrocuted, and files a suit against GBC for damages, alleging negligence.
- Issue:How might GBC defend itself?Define, explain and decide
Facts 3:
Dani commits an act that endangers Efron. Fab and Gert see the danger. Fab tries tohelp Efron and is injured. Gert watches and does nothing.
- Issue:Can Dani be held liable for Fab's injury? Define, explain and decide
- Issue:Can Gert be held liable for not trying to help Efron? Define, explain and decide.
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