Homework bundle #1 – Unit 1 chapters 4, 6, 7
1. Ch 4, the text in chapter 4 presents five “objectives of the law”, review these pages. In addition to the section about the five objectives of the law in the textbook chapter, also consider the writings on the World Bank’s website. The page on the World Bank’s website titled Law and Justice Institutions provides a few additional resources to understand the importance to the rule of law and where that fits into a civilized society and the importance of law to a developed nation. http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTINST/0,,contentMDK:20934363~menuPK:1989584~pagePK:210058~piPK:210062~theSitePK:1974062,00.html#rule_of_law
Within that page, consider the link to the short article titled, “The Rule of Law in Western Thought” http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTINST/0,,contentMDK:20763590~menuPK:1989584~pagePK:210058~piPK:210062~theSitePK:1974062~isCURL:Y,00.html
After reading the chapter 4 materials and the articles on the World Bank Website, please do the following: Rank, in order of importance, each five of the five objectives of the law set forth in chapter 4 to the long-term existence of our developed nation. Present a reasoned argument for your hierarchy. Use both the textbook and also cite to the World Bank’s page to provide support for your assertions.
2. Ch 4, Re-read the pages regarding jurisdiction, venue, and standing and then use the following facts scenario to answer the questions below regarding Jack v. Jill (fictitious scenario): Jack, who lives in Ohio, came to Daytona Beach on Spring Break. While in Daytona, Jack was speeding through a red light and ran over Jill, who was legally intoxicated and was walking in the crosswalk. There were seven witnesses to the accident who actually saw Jack run over Jill. The initial investigation by the officer shows that both were guilty (Jack was speeding and Jill was intoxicated) of some negligence with led to the accident. Based on this facts scenario, answer the following: (1) Based on where the accident occurred, where is venue appropriate (where will the case likely be heard)? (2) If Jill initiates the lawsuit (becomes the Plaintiff), could personal jurisdiction be proper over Jack even though he is not a resident of Florida? If so, what statute could help Jill secure jurisdiction over Jack in Florida? (3) Buffy is Jill’s friend who witnessed the event from the sidewalk. She was very upset by witnessing the accident and wants to sue Jack for emotional distress. Does Buffy have the right to sue Jack?
3. LEGAL APPLICATION EXERCISE: Go online and look at the http://www.instituteforlegalreform.com/states and look at the lawsuit climate in Florida. Open the videos on that page and look at how lawsuits are affecting our state. Then, go to www.facesoflawsuitabuse.org and click on their featured story and read it. Then, look at other “lawsuits in the news” at the bottom of the screen. After reviewing those websites, discuss (1) the types of Alternative Dispute Resolution types available AND (2) why or why not after viewing those websites, we should encourage more Alternative Dispute Resolution options when trying to solve legal disputes over just heading straight to court. {hint: Discuss each of the types of Alternative Dispute Resolution for full points. I do not care whether you want more ADR or less of it, I just want you to justify your answer based on the textbook, the websites, and your own knowledge or experience.}
1. Ch 6, Can I Change my Mind? Facts Scenario located in the box at the bottom of page 242, Questions 1-2. {Hint: Before you begin to answer the questions, make sure you discuss the “classifications” related to the facts scenario given on p. 241 first, like would this be a bilateral vs. unilateral, would this be express or implied, etc. Then, answer questions 1 & 2 presented on page 242}.
2. Ch 6, Practicing Ethics, 2010 Gulf Oil Disaster: BP Contracts Unfair/Unconscionable?, page 263, Questions 1a. and 1b. {Hint: Make sure to discuss legality of the BP contracts under the facts presented, including any of the three general categories of illegal agreements discussed on pages 258-259}.
3. LEGAL APPLICATION EXERCISE: Find a journal article, news article, online article, or Web site discussing a dispute over a contract (or some aspect of a contract as is discussed in this chapter such as: capacity, being a minor, unconscionable contracts, duress, statute of frauds, breach of contract, remedies for contracts, commercial impracticability, etc.) (a) Attach the article or provide the URL. (b) Explain what the contract dispute is about (why it relates to the material covered in the chapter) and how you think the court would rule (or how they did rule if the case is over) if this contract issue was heard by a judge in court. ***{Hint- REMINDERS: (1) Be sure to include a sentence or two from the book that supports or validates (justifies) your answer and (2) cite the book and the Web site that you used to find the contract and (3) DEFINE contract and another term you use from the chapter to answer this assignment.}
1. Ch 7, Katko v. Briney, pg 293, Questions 1-4
2. Ch 7, Read facts box “Donald Trump Owes a Duty?” on 296-297. At the end of the facts, the book asks you to “rule on Merrill’s negligence claim” & “explain” and refers you to the four part test beneath the box. Please do this to answer the question: rule on his negligence claim, explain, and use the four part test to help you resolve Merrill’s claim.
3. Ch 7, White v. Victor Automotive Products, pg 307-309, Questions 1 and 2 {FYI: The Defendants initially won at the trial level getting the case thrown out on summary disposition, but the Plaintiffs won at the appeal level, sending the case back down to the trial court for a jury to hear decide the outcome}.
4. LEGAL APPLICATION EXERCISE: We have all seen the crazy product liability disclaimers or Warnings on items. For example, at home, my Chi Hair Iron has a disclaimer that it “may burn eyes”- which is funny because it is reaches 400 degrees and is ONLY to be used on your head of hair, meaning that someone has probably burned their eyes trying to straighten their eyelashes- OUCH. Find the most bizarre or silly disclaimer you can find in your house or a store. Take a picture, scan it in, or write it word for word. Write a paragraph on why you think the company might have included the disclaimer. Make sure to use terminology from the book to justify your answer by defining the term and discussing why it relates to your product warning that you found. Cite the book.