QUESTION 1 Since 1990, when e commerce became an integral part of the business world, buying goods over the Internet has been easier and cheaper than buying retail As a result, many small wineries (wine producing companies) throughout the Unified States of Sobriety (USS) have been successfully operating The small winery business is now booming, mostly because of direct online sales to consumers Not surprisingly, retail store wine sales have steadily declined in recent years, reducing the demand for wholesalers and distributors In 2018, the Inebriated State Liquor Authority (ISLA) passed a law requiring all wine marketed and sold to consumers inside SI be sold by in state wineries, wholesalers, distributors, or retailers The law also specifically prohibited any out of state winery from engaging in any direct retail or online sales to Inebriated citizens In other words, out of state wineries were only permitted to sell their wine inside SI through an in state company Slick Willie Liquor (SW), the largest winery in the USS, is incorporated in and maintains its corporate offices and principal place of business in, the neighboring State of Wasteland Due to their excessively high volume of sales, Slick Willie limits the wine that they produce to only the most popular varieties SW engages in direct customer sales on their website as well through wholesalers and distributors doing business inside and outside SI Wanda Wino (WW), an Inebriated resident (SI) and loudmouth political activist, regularly buys wine in bulk directly from Slick Willie for her community rallies and demonstrations On September 1, 2020, in preparing for several large protests scheduled before the November presidential election, Wino ordered several hundred cases of wine from Slick Willie While most of the cases she ordered were Slick Willie's average quality of red and white wines, Wino ordered a dozen cases of a rare and expensive Australian wine named Shiraz , which Slick Willie neither produces nor sells Considering the amount of business that Wino gives Slick Willie, she called Bubba, Slick Willie's CEO, and begged him to obtain the Shiraz Bubb a replied, Sure thing, hunnae, Ayeh'l do it for ya, as long as there's something in it for me ha, ha, ha if ya know whad' aye mean Disgusted, Wino hung up the telephone and searched online for a winery that sells Shiraz directly to consumers She located Texas Tank'em (TT), a small mom and pop winery incorporated in the neighboring State of FUBAR that made and sold Shiraz wine All of TT's sales were made online directly to customers through its website Wino then called Tank'em and ordered a dozen cases of Shiraz from Scott, the VP of sales, to be shipped directly from Tank'em to Wino at her residence in SI Although TT conducts much of its sales in FUBAR, its owner, Chump, encourages his sales staff to seek out consumers in other states In fact, when Chump is sober and er and not tweeting, he often wanders aimlessly around the office saying, You find 'em, we'll tank'em However, when members of Chump's sales staff ask him what states require a license to sell wine within that state, Chump, having no idea, tells them to ask BS, his office manager BS, who always appears busy but never accomplishes a thing, becomes overwhelmed at answering the phone, writing a letter, or stuffing envelopes with promotional offers BS is also often observed sighing and muttering under her breath that Chump is a sexist bully More problematically, BS cannot keep any office information straight, especially those states require a license to sell wine inside its borders At the end of October, two weeks before Election Day, Wino went to Wasteland and held a rally in the center of Wasteland's capital downtown area at 2 PM The rally blocked the only main street into and out of the downtown area causing it to shut down Wino freely distributed Slick Willie's wine to everyone but kept Tank'em's Shiraz for herself and close friends The theme of the rally was Hey hey, ho ho Chump Co have gotta go the USA NSA must stay away gotta save D A Dave In fact, Wino also distributed t shirts that had this theme printed on the front On the back read Sponsored by the People for an Angry World (PAW) PAW is a religious group that believes in the free and unrestricted distribution of wine to adults, kids, babies, and animals in observance of the annual ritual of remaining in a perpetual state of drunkenness during the two weeks before Election Day At the rally, Wino drank three bottles of Slick Willie's wine, and three bottles of IT's Shiraz, as did each of her friends After becoming violently ill, Wino and her friends were rushed to the hospital Wino spent several months unconscious in a coma, several more months in a rehabilitation center, and suffered permanent liver damage Respond to the following issues presented in each question by identifying the appropriate rule(s) and thoroughly analyzing the relevant applicable facts You may neither create facts nor speculate as to facts not given You may, and should, draw reasonable inferences from both the presence and or absence of facts where appropriate 1 Wino wants to bring a lawsuit against both SW and TT for the damage to her liver (40 points) a) Would a Wasteland state court have in personam jurisdiction over SW b) Would a FUBAR state court have in personam jurisdiction over TT c) Would an Inebriated state court have in personam jurisdiction over SW or TT d) Would a federal court have personal jurisdiction over SW or TT If so, where could it be brought and what law would be applied e) What, if any, other courts can you think of that might arguably have personal jurisdiction and on what theory (this is a one two sentence response if you cannot think of anything, don't waste time on it) 2 The ISLA charged Slick Willie and Texas Tank 'em for violating SI's law prohibiting out of state wineries from conducting direct online sales to consumers within the state of Inebriateon Slick Willie and Texas Tank'em then sued the ISLA claiming that the Inebriated's law is unconstitutional If you were the judge, write an opinion explaining how you would rule Are there any other constitutional clauses or provisions that SI's law might violate (40 points) 3 The local prosecutor, D A Dave (DAD), arrested and charged Wino with violating a town ordinance that requires the issuance of a permit granting permission to hold a rally of any kind and for any purpose Wino, who defiantly refused to obtain a permit, responded by suing DAD, claiming that he violated both her First Amendment right of free speech and free exercise of religion As the attorney representing DAD, what argument(s) would you make in defense of DAD's position (20 points) 4 Bonus Question (earn up to 10 points) Respond to both questions in one sentence each If Tank 'em made a motion to for judgment on the pleadings, would it be granted Why or why not What about a motion for summary judgment Why or why not

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QUESTION 1 Since 1990, when e commerce became an integral part of the business world, buying goods over the Internet has been easier and cheaper than buying retail  As a result, many small wineries (wine producing companies) throughout the Unified States of Sobriety (USS) have been successfully operating  The small winery business is now booming, mostly because of direct online sales to consumers  Not surprisingly, retail store wine sales have steadily declined in recent years, reducing the demand for wholesalers and distributors  In 2018, the Inebriated State Liquor Authority (ISLA) passed a law requiring all wine marketed and sold to consumers inside SI be sold by in state wineries, wholesalers, distributors, or retailers  The law also specifically prohibited any out of state winery from engaging in any direct retail or online sales to Inebriated citizens  In other words, out of state wineries were only permitted to sell their wine inside SI through an in state company  Slick Willie Liquor (SW), the largest winery in the USS, is incorporated in and maintains its corporate offices and principal place of business in, the neighboring State of Wasteland  Due to their excessively high volume of sales, Slick Willie limits the wine that they produce to only the most popular varieties  SW engages in direct customer sales on their website as well through wholesalers and distributors doing business inside and outside SI  Wanda Wino (WW), an Inebriated resident (SI) and loudmouth political activist, regularly buys wine in bulk directly from Slick Willie for her community rallies and demonstrations  On September 1, 2020, in preparing for several large protests scheduled before the November presidential election, Wino ordered several hundred cases of wine from Slick Willie  While most of the cases she ordered were Slick Willie's average quality of red and white wines, Wino ordered a dozen cases of a rare and expensive Australian wine named  Shiraz , which Slick Willie neither produces nor sells  Considering the amount of business that Wino gives Slick Willie, she called Bubba, Slick Willie's CEO, and begged him to obtain the Shiraz  Bubb a replied,  Sure thing, hunnae, Ayeh'l do it for ya, as long as there's something in it for me   ha, ha, ha   if ya know whad' aye mean   Disgusted, Wino hung up the telephone and searched online for a winery that sells Shiraz directly to consumers  She located Texas Tank'em (TT), a small  mom and pop  winery incorporated in the neighboring State of FUBAR that made and sold Shiraz wine  All of TT's sales were made online directly to customers through its website  Wino then called Tank'em and ordered a dozen cases of Shiraz from Scott, the VP of sales, to be shipped directly from Tank'em to Wino at her residence in SI  Although TT conducts much of its sales in FUBAR, its owner, Chump, encourages his sales staff to seek out consumers in other states  In fact, when Chump is sober and er and not tweeting, he often wanders aimlessly around the office saying,  You find 'em, we'll tank'em   However, when members of Chump's sales staff ask him what states require a license to sell wine within that state, Chump, having no idea, tells them to ask BS, his office manager  BS, who always appears busy but never accomplishes a thing, becomes overwhelmed at answering the phone, writing a letter, or stuffing envelopes with promotional offers  BS is also often observed sighing and muttering under her breath that Chump is a sexist bully  More problematically, BS cannot keep any office information straight, especially those states require a license to sell wine inside its borders  At the end of October, two weeks before Election Day, Wino went to Wasteland and held a rally in the center of Wasteland's capital downtown area at 2 PM  The rally blocked the only main street into and out of the downtown area causing it to shut down  Wino freely distributed Slick Willie's wine to everyone but kept Tank'em's Shiraz for herself and close friends  The theme of the rally was   Hey hey, ho ho   Chump   Co have gotta go  the USA   NSA must stay away  gotta save D A  Dave   In fact, Wino also distributed t shirts that had this theme printed on the front  On the back read  Sponsored by the People for an Angry World (PAW)   PAW is a religious group that believes in the free and unrestricted distribution of wine to adults, kids, babies, and animals in observance of the annual ritual of remaining in a perpetual state of drunkenness during the two weeks before Election Day  At the rally, Wino drank three bottles of Slick Willie's wine, and three bottles of IT's Shiraz, as did each of her friends  After becoming violently ill, Wino and her friends were rushed to the hospital  Wino spent several months unconscious in a coma, several more months in a rehabilitation center, and suffered permanent liver damage  Respond to the following issues presented in each question by identifying the appropriate rule(s) and thoroughly analyzing the relevant applicable facts  You may neither create facts nor speculate as to facts not given  You may, and should, draw reasonable inferences from both the presence and or absence of facts where appropriate  1  Wino wants to bring a lawsuit against both SW and TT for the damage to her liver (40 points)  a) Would a Wasteland state court have in personam jurisdiction over SW  b) Would a FUBAR state court have in personam jurisdiction over TT  c) Would an Inebriated state court have in personam jurisdiction over SW or TT  d) Would a federal court have personal jurisdiction over SW or TT  If so, where could it be brought and what law would be applied  e) What, if any, other courts can you think of that might arguably have personal jurisdiction and on what theory (this is a one two sentence response  if you cannot think of anything, don't waste time on it)  2  The ISLA charged Slick Willie and Texas Tank 'em for violating SI's law prohibiting out of state wineries from conducting direct online sales to consumers within the state of Inebriateon  Slick Willie and Texas Tank'em then sued the ISLA claiming that the Inebriated's law is unconstitutional  If you were the judge, write an opinion explaining how you would rule  Are there any other constitutional clauses or provisions that SI's law might violate  (40 points) 3  The local prosecutor, D A  Dave (DAD), arrested and charged Wino with violating a town ordinance that requires the issuance of a permit granting permission to hold a rally of any kind and for any purpose  Wino, who defiantly refused to obtain a permit, responded by suing DAD, claiming that he violated both her First Amendment right of free speech and free exercise of religion  As the attorney representing DAD, what argument(s) would you make in defense of DAD's position  (20 points) 4  Bonus Question (earn up to 10 points)  Respond to both questions in one sentence each  If Tank 'em made a motion to for judgment on the pleadings, would it be granted  Why or why not  What about a motion for summary judgment  Why or why not

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QUESTION 1 Since 1990, when e-commerce became an integral part of the business world, buying goods over the Internet has been easier and cheaper than

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