Home Work 1 – 12
Student’s Name
Institutional Affiliation
Chapter 1
- Because according to the law, the city owns the dog and liable for it since it is a canine species. The city/municipality also harbors the dog.
- Natural law exponents believe that the law should be obeyed because they do not care about other factors,
Natural law adherents believe that the law should be followed because they believe in resting on a Sabbath day that is a Sunday.
A legal realist would not support the law because they would state that it oppresses a particular demographic group.
The law should not be upheld because Sociology should be based on freedom. Freedom in sociology states that one can change their social ability without constraint
- A federal statute and federal administrative regulation.
Chapter 2
Question 1
Wilson should file the case in a State Court. State courts handle criminal and civil cases of the State. The State court can apply Federal law, but Mr. Wilson cannot litigate his case to the Federal Court. The plaintiff must prove beyond reasonable doubt each element. Thereafter, the defendant is summoned. XYZ should consider responding to using a counterclaim. A counterclaim is the best defense strategy that XYZ should use to win the case. The company should counterclaim based on damages that Mr. Wilson is doing to the reputation of the company.
Question 6
Tyson should appeal the determination of the federal trial court. However, the federal courts of appeal do not find facts for a determined case. The federal court of appeal shall review the legal conclusions from the trial court. If Tyson is dissatisfied with the court of appeal, he can appeal in the Supreme Court. However, the Supreme Court shall consider the issue of law only.
Question 8
The State courts have concurrent jurisdiction with the federal district courts. States courts, to have may decide federal question cases. The defendant may opt for a state court to remove a case from a federal district court. Lewis acted promptly. The Federal court granted Lewis his motion that the case is sent back to state court.
Chapter 3
Question 3
Boulais took Nguyen through the legal citizenry acquisition processes. Nguyen was a lawful and permanent citizen. However, there isn’t any discrimination based on gender under section 1409. Thus, the decision by the Fifth Circuit is warranted.
Question 7
According to Article, I section 8; the congress has powers to regulate commerce. It has powers to regulate interstate commerce. This nationalizes matters regarding the economy of states. The congress powers block the restrictions of protectionist states regarding post-revolution interstates trade. The constitution allows the federal government to issue regulations that override the state laws and be reviewed by Congress before being enacted.
Question 11
The first amendment provides for the protection of Stevens. However, his case also regards conduct. The constitution does not provide for the protection of conduct. For this reason, the Supreme Court upheld the previous determination of the lower court.
Chapter 4
Question 1
A middle manager should gather facts regarding the pregnancy issue. The pregnancy may be the reason for her distraction. More so, the specific problem needs to be rooted. The next thing to do is to consider available alternatives and their implications. Critical analysis of the impact on the job is necessary. More so, the other affected people by the situation are worth consideration. The implication to the other workers is an important factor to consider. One should consider the effect of the decision he/she will make on the rest of the people. There are also personal responsibilities that will come with the decision. Therefore, the relevant rights, principles, and justice issues will matter a lot. One cannot also ignore the ethical consideration of every alternative available. Every alternative considered has its limitations, and it is important to explore that. Implementing the best-sought alternative should also come in. lastly, as a manager, it is important to figure out the responses likely to emanate from the decision arrived at and plan for the same.
Question 2
Ethical decision making requires a thorough preliminary study to gather the facts. Then one should identify which ethical issues apply to the situation at hand. This follows with the ability to consider and develop strategic measures to address issues that may affect various stakeholders. The consequence of the decision one is about to make should be keenly looked at. One should ask himself or herself about the obligations. This includes room to reconsider the rights, the principles, and the justice to happen. The current character trait regarding issues like integrity is also paramount. The action plan to creatively come up with the best choices is as well important.
Question 4
- The employer should seek to rehabilitate her. It is ethical to consider the performance and compare it with human relations. Good public relations are necessary but also not at the expense of performance.
- Ethical leadership calls for finding a solution and not ignoring. Hiring such an employee will motivate and restore hope once again to that employee. Therefore, as an ethical leader, one should find that completing a college degree is a step forward. Therefore, hiring that same employee will promote ethical behavior in a society, which improves reputation.
- Ousting Sterling should come after careful consideration of other variables. It is unethical behavior to make racist remarks. However, ousting someone is not a solution and guarantees that such unethical remarks cannot be made elsewhere.
- Jerry Sandusky commits an unethical act. Taking him to a rehabilitation center is an ethical act. Allowing him to work again with young boys is a sure way to evaluate the effectiveness of the attempted change of unethical behavior.
Chapter 5
Question 6
The search was unwarranted. Gant was arrested for suspicion of a driving license. The evidence presented is not credible enough to warrant Gant culpable of possessing narcotic drugs. More so, there is no basis for Gant’s search for the Fourth Amendment. Therefore, the Supreme Court ruled in favor of Gant.
Question 10
The Fourth Amendment stipulates balancing the citizen’s own privacy against the government’s effort to seek evidence against wrongdoing. The government violated DK’s privacy. DK had committed a wrongful act. The right to privacy where a criminal act exists should keenly be balanced. DK may not be able to get credible evidence to prove the argument as per the Fourth Amendment. Thus, the government was correct.
Question 11
The CEO has a cooperate responsibility to ensure health and protection against infections are maintained. This is lacking in this situation, so the appellate court was wrong to overturn the conviction.
Chapter 6
Question 1
The battery happens where there is intent to harm. Therefore, it will be wrong to determine that Garley had intent for a battery liability. More so, England’s battery claim is weak.
Question 6
The defamatory remarks from McDermott caused an acute anxiety reaction. The repercussions of decisions by other staff are a confirmation of severe liability, particularly forms McDermott.
Question 12
There is an intrusion on seclusion and solitude. One’s private life was publicized. Private facts public disclosure privacy violated. More so, false light publicity was violated. Therefore, the court ruling was wrong.
Chapter 7
Question 3
Lawfully, people in a social set up should carry themselves not to create an unreasonable risk to harm others. On this basis, Sears did not act as a reasonable entity of ordinary prudence since it did not clean up the gob.
Question 7
Kroger has no liability in the case. Under the law, it is provided for that Plonski prove the negligence and duty that Kroger failed. Therefore, the Supreme Court ruled in favor of Kroger, and Kroger was entitled to summary judgment.
Question 9
The defendant was right under the regulations and law. Therefore, the argument was valid and in compliance with the law.
Chapter 8
Question 1
The transfer of patent from Engelgau to Teleflex Inc. was valid. There are provisions for this. Therefore, the defendant’s argument is baseless. The invention of the pedal was, however, obvious since other related inventions already existed. The patent cannot be purely and wholly be a pedal but improvements made in the existing pedal.
Question 8
A trademark infringed claim happens when a party uses the same marks in selling products like those of the owner without the owner’s consent. The use of the marks confuses the authenticity of the source. In this case, Vuitton should win the trademark infringement claim. The trademark dilution claim, which serves as an alternative to the standard claim, is not likely to apply here.
Question 10
Google should succeed in the defense. Its defense should be based on the patent. Google should argue that the infringement is not within the patent literal scope. More so, it is not substantially equivalent to the patented invention. Google should establish concrete reasons why the patent is invalid.
Chapter 9
Question 8
Since Palese has enough evidence of the play slip, the Lottery office will have no option but to pay Palese his dues.
Question 9
Article 2 states that the contract shall involve the sale of goods. According to this section, the goods are tangible and movable property. The exemption here is in the sale of services and real estate. Water is tangible and movable. Therefore, the court will rule in favor of Gall.
Question 10
Schumacher had a valid claim, but it was not grounded by law. He should have had a written agreement that could be used as evidence to claim and argue the case.
Chapter 10
Question 4
There is no signed agreement or contract between the two parties. Therefore, there is no contractual obligation by Maher during the episode.
Question 8
A signed offer is robust proves that a contract is valid. Therefore, the Home Folks and Family video did have an enforceable contract.
Question 9
The contractual agreement regarding online purchase is usually food under the terms and conditions section. Arbitrating should be the best option to ensure no party’s rights are violated.
Chapter 11
Question 1
Agreements are valid if two parties have agreed on the terms. Once an agreement has been revised, it requires all the parties to sign a fresh. Wilson’s argument is good and valid.
Question 5
A & E owes Davis the amount. However, it can only be cleared on mutual understanding but cannot be persuaded in court for lack of credible evidence of a written agreement.
Question 10
Since there are alterations, Bell Micropoducts cannot accept liability. There will be credible evidence to show it was altered, and McGurn will definitely lose.
Chapter 12
- Margesons is correct-Because Artis breached the agreement they had even though it was not supported by consideration.
- Yes, Will Kyung-Hu will have recourse because some courts have made possible past promissory agreements enforceable in recent years.
7No because they had already made a past agreement based on the evaluation they did previously. They should honor the agreement based on the initial contract.