Eider I. Espinosa ACCT 261 – Business Law I Prof R. Stein Fact Pattern 1 In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
In furtherance of the conspiracy, the defendants made a series of purchases on the following dates. On November 23rd, 2013, defendant Gonzalez attempted to buy cartons of cigarettes that totaled 128 dollars via counterfeit access devices. On March 6, 2016, Gonzalez and Pierre-Charles drove to a convenience store and bought items totaling 527.26 dollars via the counterfeit access device. Following, on March 20th the defendants Durandis and Gonzalez traveled to another convenience store in Berks County, Pennsylvania making a purchase that totaled roughly 1,915.73 dollars via the use of the access devices (United States of America v. Robert Durandis, et al, 2014). A week later, on March 27th it was discovered that within a vehicle driven by defendants Durandis and Charles it contained a fraudulent New York driver’s licenses, an expired Pennsylvania id card, 80 cartons of Newport cigarettes, and over 250 counterfeit access devices (United States of America v. Robert Durandis, et al,
Codie Davis Unit 4 Assignment CJ 227 Criminal Procedure John Doe is an individual that left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interview of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to the amount of money involved, the crime is deemed a felony and John was arrested and placed in the county jail in Toms River, NJ. He is
In Benters a reliable source told Detective J. Hastings there was an indoor marijuana growing operation at 527 Currin Road in Henderson, North Carolina, and Glenn Benters owned the property but was not living there. Benters at 662, 766 S.E.2d at 596 (2014). Hastings obtained a subpoena to look at the utility use for the property and discovered that it was indicative of a marijuana growing operation. Id. Hastings and Officer Joseph Ferguson traveled to Benters’ property and saw tools used for marijuana growing outside the premises. Id. After that observation, they conducted a knock and talk on the back door. Id. at 662, 766 S.E.2d at 596-597 (2014). After no answer, Ferguson walked to a building where music was playing and smelled
1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA)
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.
Business Law 304 Case Study case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
Chapter 8 Q&A 3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.
McGurn v. Bell Microproducts Inc. 284 F.3d 86 (Massachusetts) ISSUE OF THE CASE Bell Microproducts, Inc. mailed to McGurn an offer of employment that stated that if McGurn were terminated without cause during the first 12 months of employment, he would receive a severance package of $120,000. McGurn crossed out 12 and replaced it with 24, and signed the contract. Bell did not acknowledge the change that had been made to the contract and hired the applicant. McGurn was terminated without cause 13 months later.
Final Paper Case Study 11 In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.
Please answer the questions posed at the end of each case study in essay form. Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.
Final Paper – Acme Fireworks As the manager for Acme Fireworks, I have been asked to determine if common law or the Uniform Commercial Code (UCC) will govern the contracts entered into by Acme Fireworks. In addition, I am to analyze whether the five essential elements of a contract have been met. Acme Fireworks is currently licensed as a sole proprietorship. As such, I will examine any potential personal liability they may have if a spectator was to get injured during a firework display. Further, I will compare the different employment types available to Acme Fireworks. Lastly, I will analyze and recommend a new business entity that would fit the needs of Acme Fireworks going into the future.
____ 14. Agricultural Investments, Inc., files a financing statement to provide notice of its security interest in the property of Harbor Farms. The initial effective term of a financing statement is a period of
Chapter one Business Law Law is a set of rules, enforceable by the courts, which regulate the government of the state and governs the relationship between the state and its citizens and between one citizen and another.
1.Evaluate the views of the Critical Legal Studies School of jurisprudence. What are the benefits and drawbacks of using broad notions of fairness in deciding cases?