Business Law Class Discussions
Please read and click on the reply link to submit a short response to each of the questions for the two short hypotheticals below. Also, please react via posting to your fellow classmates’ responses. Remember, you need to post your own answer first before you can see your classmates’ responses. Please note that, while this is not a graded forum, it will count towards your class participation grade.
Rosalba, a resident of New Mexico, claims that Pet Food Company, Inc., put out some dog food that made her dog, Champ, sick. Champ is a prize-winning poodle. He survived the pet food fiasco only after traveling to a veterinarian in Florida specializing in poodles and only because he had two very expensive surgeries. Additionally, his ability to sire has been impaired, and Rosalba will earn no more breeding fees from Champ. Her damages are $100,000. Pet Food Company, Inc., is incorporated in Delaware, with its principal place of business in New Mexico. Rosalba asks you whether she can sue in federal court. What would you tell her and why?
Sonja ran her car over Hank in her company parking lot, breaking his leg. The accident occurred because Sonja’s car brakes failed without warning. Hank sues Sonja. Sonja decides to do nothing because she sees no way that she can win the lawsuit since she did strike Hank. Is she right? Why or why not? What would you suggest that she do in the civil litigation? Why is it important that Sonja proceed correctly and in a timely manner at this point in the litigation?
Rosalba can sue in concurrent federal jurisdiction count. A diversity of citizenship case must satisfy two conditions: 1 ) the plaintiffs do not reside in the same state as defendants; 2) the controversy concerns an amount in excess of $75,000. Most federal court cases are based on diversity of citizenship. Pet Food Company, Inc. s incorporated in Delaware, with its principal place of business in New Mexico. And the amount is excess $75,000.
Sonja has the right to protect herself in this case. the plaintiff must have an injury in fact that is concrete and actual o she can prove her car brakes failed without warning. Because the complaint explains the basis of the lawsuit to defendant. The summons tells the defendant that if he or she does not respond to the lawsuit within a certain period of time, the plaintiff will receive a default judgment which is in favor of the plaintiff that occurs when the defendant fails to answer the complaint. If she does not do anything, hank will win the case.
Please read the hypothetical below and click on the reply link to submit a short response to each of the questions. Also, please react via posting to your fellow classmates’ responses. Remember, you need to post your own answer first before you can see your classmates’ responses. Please note that, while this is not a graded forum, it will count towards your class participation grade.
Lavender and Honey have an ongoing dispute regarding ownership of a dog, Max. One day, Honey removed Max’s tags in order to give him a bath. Knowing what was coming, Max made a run for it and ended up at Lavender’s home down the street. When Honey saw Lavender walking Max, she demanded his return. Lavender refused. A lawyer in the neighborhood suggested either a neutral case evaluation or mediation in an attempt to resolve the feud.
1. Describe mediation and neutral case evaluation.
2. Which one of these two methods would you suggest for Lavender and Honey and why?
1) Neutral evaluation and mediation are two similar but different types of ADR. In mediation, a neutral person sits in to help the two opposing parties peacefully come to terms that they can both agree on. The mediator does not decide this for them. In neutral case evaluation again, there is a neutral third party present but unlike in mediation, this person is more involved in the case. The third party in this instance will allow each party to explain their side of things and then evaluate the strengths and weaknesses each argument presents. Based on the evaluation given by the neutral third party, the two opposing parties will reach a settlement.
2) In the case of Lavender and Honey, I would definitely recommend the two of them go the route of neutral evaluation because they may not be able to come to terms on who should have the dog with mediation alone. I think it would be helpful for them to have someone sit in and say who has the stronger argument.
Please read the hypothetical below and click on the link above respond to the questions. This is a graded forum so please, also react via posting to your fellow classmates’ responses. Remember, you need to post your own answer first before you can see your classmates’ responses. The rubric is in the rules document in the “Rules of the Board” forum.
Thomas Townsend has an embarrassing criminal past. In 1985, he was convicted of pedophilia, having had sexual relations with a 15-year-old child (at the time, Townsend was 29 years old.) By all accounts, Townsend has led a relatively uneventful life over the years since 1985, spending most of his time building and selling musical instruments to earn a living, and reclusively “keeping to himself” on his property on the edge of town.
Local police investigators are curious whether Townsend has truly learned from “the error of his ways.” The local sheriff has received a number of complaints from area citizens, who are appalled that a child sex offender is “among their midst.” Working in collaboration with the Federal Bureau of Investigation (FBI,) local police authorities devise and implement a plan to determine whether Thomas is leading an innocent life. Over the course of an eighteen-month period, police investigators mail Townsend a circular they have created, advertising a fictitious publication called “Lustful Lads and Lasses.” Among other pronouncements, the circular entices readers to “order now before publication ceases; see young boys and girls aged 12-16 engaged in all sorts of acts only big boys and girls should be allowed to do!”
Having received the circular each month and having declined on seventeen occasions, Townsend finally responds to the circular on the eighteenth occasion, mailing in the $39.95 purchase price. Local, state and federal authorities immediately intervene, arresting Townsend for solicitation of child pornographic materials.
At Townsend’s arraignment hearing, his attorney moves for immediate dismissal of the charges, arguing entrapment.
Do the police efforts described constitute entrapment? Does entrapment justify dismissal of all charges against the accused? Rather than dismissal of charges, why not simply sanction those authorities responsible for the entrapment?
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