The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 3, Problem 1IS
Summary Introduction
Case Summary: At a trial, the peson S calls her witnesses, provides the evidence and represents her case. The person T, on the other hand, calls his witnesses first.
To Explain: The other choice of the person T.
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Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth’s drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf. Which defense most likely applies to this situation? (Whether or not the defense will work is not relevant.)
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Patrick Clawson was described by reporter Karen Branch-Brioso in a newspaper story as a “1970s era St. Louis journalist turned private eye turned FBI informant.” The story was published in the St. Louis Post-Dispatch. The fact that he had been characterized as an informant bothered Clawson, who saw it as damaging to his reputation. Accordingly, he brought a libel case against the Post-Dispatch. Recall that to be libelous, a statement must be false and “hold the victim up to ridicule, contempt, or hatred.” Clawson would have preferred the term whistleblower rather than informant because that term commands more respect. Why is the use of the term informant to describe Clawson not libelous?
You have likely heard of the Liebeck v. McDonalds case. Liebeck spilled hot McDonald's coffee in her lap, suffering third degree burns. At trial, evidence showed that her cup of coffee was brewed at 190 degrees, and that, more typically, a restaurant's "hot coffee" is in the range of 140-160 degrees. A jury awarded Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages. The judge reduced the punitive award to $480,000, or three times the compensatory award.
Comment on the case, and whether the result was reasonable.
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The Legal Environment of Business: Text and Cases (MindTap Course List)
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