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Duncan MacLeod of the Clan MacLeod is a well known singer, dancer, occasional golfer and humanitarian.Duncan is constantly harassed by the paparazzi, as he also
- Duncan MacLeod of the Clan MacLeod is a well known singer, dancer, occasional golfer and humanitarian.Duncan is constantly harassed by the paparazzi, as he also regularly dates and is seen with other famous people.Last Thursday, Duncan was photographed coming out of Ayoub's Surf shop in San Diego.The photograph clearly shows Duncan wearing a Ayoub's Surfing shirt and carrying a surf board under his arm.The photo is sold by the photographer to Ayoub for $50 and then Ayoub uses the photograph in a mass marketing scheme to sell more materials.Duncan, upon hearing that his photo was used as such went to Ayoub's late one night and threw his surfboard, followed by his t-shirt through Ayoub's window.With regard to tort acts, what possible claims exist?(4 points).
- KillJoy Conner McKay was a police officer in El Camino Nevada.He had a spotty record as a police officer but was also nearing retirement age.Last Thursday, he ran into Pepper Potts Porter, a local resident that has had some issues with law enforcement in the past.Officer Killjoy saw Potts on the street corner, consuming an illegal substance.Officer Killjoy, stopped his cop car, got out to confront Potts about her activity.Potts immediately began to deny her activity and also hide the narcotics.Nevada statue states that the "consumption of a intoxicating material in public" is a specific offence crime punishable by up to 5 years in prison and/or $1000 fine.The concealment of evidence to a crime or lying to the police about the crime is a general offence crime, punishable up to three year in prison and/or also $1000.Killjoy informed Potts of the law and demanded that she hand over the materials to him.He then placed the narcotics in his back pocket and told Potts to run away.He then left the scene of the incident.Nevada statute also provides that the "failure to report a crime" is a general intent crime punishable by up to 6 months in jail and $500.Sandy Snitch, saw all of this transpire and has made an appointment with the prosecutor.What possible charges could the prosecutors office bring and what would be needed for conviction?4 points.(LO 1, LO 2, & LO 4).
- Peter Pan stopped off for a tan at the local spray tan store, Orange Lights.The proprietor of the place, Mrs. Cook thinks she witnessed Peter putting some of the spray tan goods in his bag without paying for it.She runs and locks the front door and then also the booth door where Peter is getting the product applied to him.She then calls the police and awaits for them to arrive.While Peter is in the booth, he tries to get out of the booth but finds himself locked in.He screams to be let loose and then also denies that he stole anything.The police arrive, discover that some of the materials were in fact in his bag but Peter indicated that he intended to pay for them.After his arrest, Peter discovers that the prolonged stay in the tanning booth has led to second degree burns on parts of his skin.The product used for the tanning does indicate that prolong exposure to the materials may lead to skin damage.He would like to sue Orange Lights for the damage and other torts.What possibilities for recovery exist?(4 points).
- Product liability talks various ways that the user may be injured by the product.Discuss two of the four ways that Product Liability theory discusses damage to a person by the product.(2 points).
- How is the concept of unlawful searches and seizures significant?(2 points).
- How is the concept of double jeopardy significant?(2 points).
- With regards to negligence, what are the two tests for actual causation and proximate causation?List and Explain. (2 points).
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