Explain in detail each of the following pairs of terms and give an example of
how each term is applicable in a legal case:
1. Common Law and Administrative Law
2. Criminal Law and Civil Law
3. Federal Question and Diversity of Citizenship
4. Trial Courts and Appellate Courts
5. Mediation and Arbitration
II.
Darwin has been arrested for violating a federal statute criminalizing the
commercial production, sale, or possession of depictions of cruelty to
animals
,
on his personal laptop. The case began when a friend of
Darwin’s noticed that he was viewing videos of dog fights in his dorm
room and complained to the Dean of Students at the state university they
both attend. Darwin was immediately expelled and escorted from
campus. His laptop was confiscated by security and turned over to the
State’s Federal Prosecutor. Further investigation led the federal
prosecutor to Steven Roberts,
an author and small-time film producer
who presented himself as an authority on pit bulls. Roberts compiled and
sold videotapes showing dogfights. Though Roberts did not participate
in the dogfights, he was charged under a federal law that banned
trafficking in “depictions of animal cruelty.”
[2
You have been retained to assist the attorneys for the defendants in the above
matter.
Discuss all of the criminal and civil issues involved in the case and the
arguments of all of the parties involved.
Should Darwin and/or Roberts be convicted of any crimes? Why or why
not?
Should Darwin be expelled? Why or why not? Did the university handle this
matter appropriately? Does it matter that the university was a state university as
opposed to a private university?
III.
Choose four clauses or rights found in the U.S. Constitution and its
amendments and explain in detail how each of the clauses or rights
relates to or impacts business.
IV.
Peter Peters was injured on the property of Simmons Ski Resort when he
was thrown from a chair lift he was riding to the top of the mountain. His
intention was to snow-shoe down a walking trail on the mountain. There
is evidence that the chair lift operator was flirting with his fashion model
girlfriend while he was operating the chair lift. All lift tickets issued by
Simmons state that the ski resort will not be liable for any injuries
sustained by guests of the resort.
1. State the LEGAL ISSUES raised by the facts above.
2. Present the legal arguments for Peters. What would Peters have to
prove to be successful in court?
3. Present the legal arguments for Simmons.
4. Who is more likely to win and why?
V.
The Town of Greenacres has an ordinance that forbids all types of
billboard advertising in the town. Outside Advertising, Inc. has erected a
digital billboard along Highway 2, which runs directly though the center
of Greenacres. The billboard is on vacant land owned by Landarama
Partners. The billboard is in use 24 hours per day, seven days a week and
alternates between an advertisement for Johnson Hospital Group, Inc.
and an advertisement by the National Rifle Association against any form
of Gun Control.
1. State the LEGAL ISSUES raised by the facts above.
2. Present the legal arguments for the Town of Greenacres.
3. Present the legal arguments for all the other parties.
4. Who is more likely to win and why?
