Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 6, Problem 10CP
Summary Introduction
Case summary:
Four separate cases involving factual situations were consolidated because they presented the same constitutional question. In each case, the defendants were prosecuted, made to confess and sign a statement of admission of guilt. Defendants argued that they were not warned of their constitutional rights before interrogations therefore they were violated of their Fifth Amendment privilege against self-incrimination.
To discuss: If constitutional rights of the defendants were violated.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solution
Students have asked these similar questions
Discuss the importance of one’s ability to settle a dispute (both criminal and civil) in a formal court setting. Also, discuss the importance and requirements of the “shopkeeper’s privilege” to a business.
Drew is an officer of Energy Fuel, Inc. Drew knows that an Energy engineer recently developed a new, inexpensive method for converting hydrogen into fuel. Drew takes advantage of this information to buy Energy stock from Gert and, after the discovery is announced, to sell the stock to Holly at a profit. Gert claims that this is a violation of federal law. Is Gert correct? If so, what federal law has Drew violated, and what are its possible penalties?
Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?
Chapter 6 Solutions
Smith and Roberson’s Business Law
Knowledge Booster
Similar questions
- Sam Simpleton, a resident of Kansas, and Nellie Naive, a resident of Missouri, each bought $85,000 in stock at local offices in their home States from Evil Stockbrokers, Inc. (“Evil”), a business incorporated in Delaware, with its principal place of business in Kansas. Both Simpleton and Naive believe that they were cheated by Evil Stockbrokers and would like to sue Evil for fraud. Assuming that no Federal question is at issue, assess the accuracy of the following statements: a. Simpleton can sue Evil in a Kansas State trial court. b. Simpleton can sue Evil in a Federal district court in Kansas. c. Naive can sue Evil in a Missouri State trial court. d. Naive can sue Evil in a Federal district court in Missouri.arrow_forwardDamages are the amount allocated to the innocent party in the event of a breach of contract or any negligent acts committed by the defendant. However, one of the most important elements for any plaintiff to be successful is the need to establish that there is a causal relationship between the defendant’s acts and the plaintiff’s injury and loss. Requirements: Define and explain the concept of damages in law. What are the steps that the innocent party need to establish to claim damages? Define and explain the concept of causation and its application to the plaintiff’s quest to get damages. Review the concept of the “but for principle”. You need to review three (3) case laws on this issue. The concept of causation however can be influenced by intervening acts and contributory negligence, which can break the chain of causation. You are required to discuss this matter with 3 supporting case laws. Note. Discuss via a few paragraphs, what was the issue, basic facts and the judgement.…arrow_forwarddescribing 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_forward
- 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.arrow_forwardKaren, a senior manager in Consult-Biz Inc., encourages Charles, her junior manager, to bill Consult-Biz's clients for his commute time, and identify it as "meet and confer with senior manager." Karen explains that she will then adjust her own billing sheet to match this entry.Karen tells Charles that all other Consult-Biz junior and senior managers engage in this practice, and that clients have never questioned such entries. Charles is not sure whether this would be an ethical action. What should Charles do?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
- Federal laws such as the Gramm-Leach-Bliley Act and HIPPA, apply to claims handling and to the professional activities of the claims representative. True Falsearrow_forwardWarranty and strict liability represent two causes of action, often relied upon by plaintiffs who pursue recovery in a product liability case. Describe the two legal theories by making reference to the elements that need be proven; the obstacles with which a plaintiff may be confronted; the recoveries that be sought; and finally, the nature of the cause of action; hint from what discipline of law does each theory arisearrow_forwardIs the job exempt or non-exempt under the (FLSA)? Why or why not?Case 1.Harry Phipps, Senior Professional Sales RepresentativeHarry Phipps was employed by K & K Pharmaceutical Company as a senior professional salesrepresentative. Phipps’ position required him to travel across doctors’ offices and hospitals where hepromoted the benefit of K & K’s drug, Provita, to the prescribing doctors. K & K used this method in thehope that when doctors realized the benefit of Provita, they would prescribe the drug for their patients.By law, Phipps could not sell the drug directly to doctors. The company provided Phipps with a list oftarget doctors, and he was expected to complete ten visits per day, and each doctor had to be visited atleast once a quarter. K & K left the itinerary and method of achieving the targets up to Phipps. However,they did provide Phipps with a budget for the visits. He was also given pre-approved visual aids and hadreceived training in basic “marketing”…arrow_forward
- Ms. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…arrow_forwardMs. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…arrow_forwardMs. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill Education
Management (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSON
Spreadsheet 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:PEARSON
Business Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSON
Fundamentals 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