Big Slope Resort Case Study

The American Constitution provides for a division of government powers between the federal and state governments, as well as provides solutions in an event of conflict between these two governments. The Supremacy Clause is derived through Constitutional Law and determines that the Constitution, Federal statutes, and United States treaties contain the “supreme law of the land”, creating the framework for the highest areas of law within the American legal system. Article VI, Section 2 of the United States Constitution contains The Supremacy Clause.

There are four primary sources of American law that “establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group” (Miller, 2014). One of the oldest sources of primary law is the U.S. Constitution, which was ratified by delegates from 12 states on September 17, 1787 (The Constitution of the United States, 2015). The document has stood the test of time and been a model for many other nations with its emphasis on a strong government with maximum human freedom while avoiding tyranny (The Constitution of the United States, 2015). Since each state also has its own constitution, this would be in the same category as a primary source of American law. The second primary source of

The case established negligence as a wrongful act for which there was a legal liability.

On March 21, 2015, Reuters reported that the King Pine lift at Sugarloaf Mountain Ski Resort malfunctioned. Nine chairs travelled backwards on the cable, injuring seven people; three of whom required hospitalization for non-threatening injuries. Sugarloaf experienced a similar incident on December 28, 2010. (Cavalier, 2015) Bangor Daily News reported that eight individuals were hospitalized for injuries as a result of the derailment of the Spillway East chairlift. Rick Tounge, one of the eight injured, stated, “I think we’re pretty conscious of the risk we think we’re taking (in skiing), and that involves trees and other skiers and that stuff. You don’t expect the chair to try and kill you.” (Portland Press Herald, 2011) Michael Katz filed suit against Sugarloaf Mountain Resort on the following six causes of action: I. negligence, II. common carrier liability, III. strict product liability, IV. breach of warranty, V. loss of consortium, VI. punitive damages. The defendants moved for dismissal of claims II, III, and IV. The Superior Court of Maine granted the motion to dismiss claims III and IV but denied the motion to dismiss on claim II. (Michael and Patricia Katz et al v. CNL Lifestyle Properties et al).

I believe that the U.S. District Court for the Northern District of Georgia have the jurisdiction to hear this lawsuit under certain situations. The defendant, Paradise Resort, Inc. is a corporation formed in Delaware and its only luxury hotel was based on the island of Maui in Hawaii. Mr. Head was a Georgia citizen and he gets injured when he was using the spa services in Paradise Resort. Mr. Head filed a lawsuit against Paradise Resort based on the Georgia state law. If the defendant corporation settles with the lawsuit held in Georgia state court, then the state court will have the jurisdiction to hear the lawsuit under the long-arm statute and in personam jurisdiction.

Boomtown is trying to find a place to build new homes. They have to make sure it is the best place for wildlife, people, and the ecosystem. Boomtown should build on Seaside Cliff because there are many reasons why they should.

I want Taos Ski Valley to construct a community-oriented commercial plaza filled with local establishments to recapture the “New Mexican” local brand while providing tourists with comfortable accessibility to cultural foods and lounging.

III. Does Mark Gable’s family has a cause of action and can have a recovery under premises liability because dangerous conditions occurred?

There are around 150 homes in Holiday Hills, a neighborhood in North Central Austin, Texas that shares the 78752 Travis County zip code. Holiday Hills is conveniently located off Northcrest Lane, between US-183 and Interstate 35, a major Interstate Highway that stretches from Laredo, Texas to Duluth, Minnesota. It lies just under 7 miles to the north of Downtown Austin. The predominantly mature real estate community of Holiday Hills provides a quiet, laid-back suburban escape for the weary city dweller who is tired of the exhausting and never-ending rat race of metropolitan living.

Wildhorn operated a resort called the Wildhorn Ranch Resort in Teller County, Colorado. It seems to me this resort is own by Mr. Watters. Even though that the ranch was owned by the corporation, the deed for the property listed Watters as the owner. The way it looks to me this form of business is sole proprietorship. Because Watters paid little attention to corporate formalities, holding corporate meetings at his house, never taking minutes of those meetings, and paying the debts of one corporation with the assets of another. A big sign of sole ownership he can anything he want to do. According to Cheeseman sole proprietorship is a “form of business in which the owner is actually the business; the business is not a separate legal entity” (Cheeseman

While listening to the interview of Andy Wirth with Madeline Brand with KCRW, I came to know about the declining weather and its effects on skiing business. When Madeline asked Wirth about the skiing business of Squaw Valley last winter, he mentioned that the slight decline of 20 percent in his resort business. Due to the massive changes in the weather patterns in last season, snow fall and precipitation pattern were drastically affected. As a result, Squaw Valley received less snow fall and comparatively less visitors last winter.

Constitutional law- is the main set of laws. Any law that goes against the constitution it will be considered unconstitutional and

Madison exemplifies that understanding . Since the US legal system is based on federalism. The Tenth Amendment of the U.S constitution shift the power and legal authority away from the states and towards the federal government. The federal government gains more power over the state but there is a certain jurisdiction of boundaries that the federal can exercise their power over the state. The law deals with the fundamental principles by which the federal government exercises its authority. In the American constitutional system, the authority of government is defined, limited, and distributed by the fundamental law of the United States Constitution. The U.S constitution is a body of written basic law and is superior to and takes precedence over all ordinary acts of Congress and state legislatures and over all decision and actions of the executive branches of the national and state government. That 's why it divides the national government into three branches-legislative, executive and judicial. This will separate the power of the branches of the government and at the same time check and balances the actions of other branches. Constitution law is most often associated with fundamental rights like equal protection, the right to bear arms, freedom of religion

At the onset of our legal history there was no federal common law; consequently, the common law was received by the states and was applied in the federal court as altered, interpreted, or preserved by state courts. Morris L. Cohen, The Common Law in the American Legal System, p. 22 (Vol. 81:13, 1989). The Federal Constitution by implication imposed limitations on the common law, primarily through the first ten amendments. Id. The Declaration of Independence, Bill of Rights, and the Constitution, Article IV, section 4 assures us that our government is a republic, not a democracy. Common law which is uncodified is the supreme law of the people and codified, inferior civil law is the law of government and its agency; ergo, the law and the will of the people outrank the law of the government and access to common law is guaranteed and protected by the Constitution of the United States.

Concerns over the social costs aside, the Integrated Resorts will certainly benefit Singapore, economics professor Winston Koh tells Challenge. - By Susan Tsang