Smith and Roberson's Business Law
16th Edition
ISBN: 9781285428253
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 3, Problem 3Q
Summary Introduction
To discuss: Whether person B can obtain justice for damages against person C in the following courts.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solutionStudents have asked these similar questions
Ellen, a citizen of California, was seriously injured in an automobile accident while driving in California. She was injured due to the negligence of Sara, a citizen of Arizona, who ran a red light at an intersection. Ellen is seeking 1.5 million in damages. 1. Where may Ellen bring her suit? 2. Discuss the process Ellen would have to follow in order to fully litigate her claim. 3. If Sara is granted summary judgment at the trial court level, what may Ellen do next? Explain her options.
a) Miriam went to do shopping at Bei Poa Supermarket Ltd. However, due to the slippery floor at the supermarket, she slipped and fell injuring her limbs. Miriam is aggrieved and seeks compensation from Bei Poa Supermarket Ltd., but the supermarket denies liability. Identify the applicable legal principles and advise Miriam.
b) Discuss ways through which the supremacy of the Constitution of Kenya is manifested
Locate Alberta's Court of Justice Civil Procedure Regulation. Pursuant to Section 3(2)(b)
of the Act, a civil claim must clearly state?
Answer:
Chapter 3 Solutions
Smith and Roberson's Business Law
Knowledge Booster
Similar questions
- describing the commencement of either a civil or criminal proceeding and indicate how the case might ultimately be resolved of the Federal court system or within the NYS Court systemarrow_forwardDeran Cody, a U.S. citizen, married Isolde Trieste, a Portuguese citizen, who came to the U.S. in September 2021 as a tourist to visit her sister. Deran earned $81,000 and Isolde had no U.S. or Portuguese income. Neither Deran or Isolde is a dependent of anyone else. A Form W-7 should be filed for Isolde because she: Qualifies as a resident alien under the substantial presence test. Is a qualifying relative of her sister. Is the qualifying person of a resident spouse, so Deran can claim the head of household filing status. Can make a spousal election to be considered a U.S. resident for tax purposes.arrow_forwardJohn Clark purchased a paintball gun at a pawn shop and then participated in a community sport of shooting paintball guns at cars. While John and his friend were riding around their small town with their paintball guns, they spotted Chris and shot his car. Chris Rico then aimed his Brass Eagle paintball gun at the car John was riding in, but instead hit John in the eye. John required surgery on his eye that even- ing and filed suit against Brass Eagle under a theory of strict tort liability. Brass Eagle responded by stat- ing that its gun was not defective and that the young men had ignored warnings about the need to wear eye protection when using the guns. John said he purchased his gun used and was not given all the packaging and instructions. Brass Eagle says that its gun was not defective and that it functioned as it was supposed to. John says the guns are inherently dan- gerous. Who should be responsible for the injury? Are paintball guns defective if they can harm indivi- duals?…arrow_forward
- Upon becoming employed by a state-licensed mortgage company, an individual who works for a depository institution as a mortgage loan originator (MO) shall not be desmed to have temporary authority to set as an MLO in an application state if which of the following events has occurred? A) The individual has been a witness in a trial where the defendant was convicted of felony fraud. B) The individual has been subject to a court order for payment of child support. C) The individual had an application for an MLO license denied or an MLO license revoked or suspended in any governmental jurisdiction. D) The individual has submitted an application to be a state-licensed MLO in the application state and was registered in the MLS as an MLOarrow_forwardUpon becoming employed by a state-licensed mortgage company, an individual who works for a depository institution as a mortgage loan originator (MO) shall not be desmed to have temporary authority to set as an MLO in an application state if which of the following events has occurred? A) The individual has been a witness in a trial where the defendant was convicted of felony fraud. B) The individual has been subject to a court order for payment of child support. C) The individual had an application for an MLO license denied or an MLO license revoked or suspended in any governmental jurisdiction. D) The individual has submitted an application to be a state-licensed MLO in the application state and was registered in the MLS as an MLO by the prior employer.arrow_forwardGirly will have the burden of "going forward," meaning that she has to establish the elements of her claim. If she meets the "prima facie claim," then the defendant MMLP will have the burden that the actions taken against Girly were for a legal reason. If MMLP can meet this burden, the burden then shifts back to Girly to prove that the reason MMLP gave is a pretext (or coverup) for discrimination. (See Chapter 21, p.454) 1. Sexual Discrimination: Does Girly have a via claim for intentional sexual discrimination, that is that she is being treated differently based on her gender? Reference specific facts from the case and apply them to the law to reach your final opinion. 2. Sexual Harassment: Does Girly have a viable claim of sexual harassment against MMLP based on "quid pro quo" sexual harassment OR hostile working environment. Both types are discussed in your text.arrow_forward
- The Supreme Court of State G decided that the U.S. Constitution requires professors to warn students of their right to remain silent before questioning the students about cheating. This ruling directly conflicts with a decision of the Federal Court of Appeals for the circuit that includes State G. a. Must the Federal Circuit Court of Appeals withdraw its ruling? b. Must the Supreme Court of State G withdraw its ruling?arrow_forwardKennecott Copper Corp. brings a challenge to an Environmental Protection Agency (EPA) order that rejected a portion of the State of Nevada’s implementation plan dealing with the control of stationary sources of sulfur dioxide (SO2). All of the SO2 emissions come from a single source—the Kennecott copper smelter at McGill. The EPA bases its decision on the belief that the Clean Air Act National Ambient Air Quality Standards (NAAQS) must be met by continuous emission limitations to the maximum extent possible and that the Act permits the intermittent use of emission controls only when continuous controls are not economically feasible. Kennecott contends that the EPA must approve any State implementation plan that will attain and maintain an NAAQS within the statutory time period. Who will prevail? Why?arrow_forwardIn the case, Zankel v. United States (You Be the Judge in textbook section 28-2c), one of the government's main arguments against liability was that: 1) Dreyer had permission to drive the government's car, but was off duty at the time of the accident. 2) Dreyer was commuting to work at the time of the accident and was, therefore, not within the scope of employment when it happened. 3) Zankel was contributorily negligent, relieving both Dreyer and the government of liability. 4) Dreyer was following all of the applicable traffic laws at the time of the accident.arrow_forward
- 2. Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6 (CanLII) Shafron sold his insurance agency to KRG and was subsequently employed by its successor, KRG Insurance Brokers (Western) Inc. Each employment contract contained a restrictive covenant whereby Shafron agreed that for three years after leaving his employment, he would not work for an insurance brokerage within the "Metropolitan City of Vancouver." When he left the respondent company and began working as an insurance salesman for another agency in Richmond, BC, KRG Western commenced an action to enforce the restrictive covenant. The trial judge dismissed the action, finding that the term "Metropolitan City of Vancouver" in the restrictive covenant was neither clear, certain, nor reasonable. The trial decision was reversed on appeal. The appeal court agreed that the term "Metropolitan City of Vancouver" was ambiguous; however, it severed that term and held that the term means the "City of Vancouver, the University of…arrow_forwardJohn’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds? Select one: a. Nuisance b. Negligence c. Strict Liability d. Trespassarrow_forwarddiscuss the concept of the effective assistance of counsel, why the Court looks at the concept of ineffective assistance of counsel, and what the defendant must prove in order for the court to determine if the defendant lacked the effective assistance of counsel.arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill EducationManagement (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSONSpreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
- Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSONBusiness Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSONFundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON