Business Law Essay Example For Students

Business Law Essay When Girdy wrote Bob a check for $2350.00, it bounced. Under the law, Bob could have resubmitted the check and charged Girdy a fee, but instead he chose to take to possession back of the computer. The cat that caused Bob to fall and injure him and the computer belonged to Matilda. Because was not in her possession, nor was it leashed, Bob could have sued Matilda for negligence. Negligence is defined as: â€Å"the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.† In the case of Maltida, unless she can show just cause and prove the death of her cat caused her to show personal injuries in the amount of $4075, she has no case to sue Bob for the money considering she only paid $25 for the cat. When Matilda posted flyers around the town about Bob, she committed the tort of slander and libel (because it was in writing). â€Å"The law has imposed a general duty on all persons to refrain from making false, defamatory statements about others.† Since Bob owns a store in the town, he may be considered a â€Å"public figure†, and in such case she also committed the crime of ‘actual malice’. The law stated that: † a statement must be made with either knowledge of falsity or a reckless disregard for the truth.† In Matilda’s statement: â€Å" a child molesting cat killer who sells defective computers†, she committed the crime of defamation and bears no defense against it, especially since she later admits to it in writing. 2.Suppose that Perry sues Davis on the theory that Davis is so ugly Perry suffers intense emotional distress in his presence. Davis thinks correctly that there is no rule of law allowing Perry to recover. What procedural device should Davis use in this circumstance? Describe. 3.The local city council adopted an ordinance restricting the local skating rink to persons under 16 years of age. Plaintiffs challenged the ordinance under the equal protection clause of the 14th amendment. Under the holding in the Stanglin case in your text, what results and why? 4.Suppose that someone argues that, contrary to popular belief, corporate decision-making is almost completely irrational. If by chance this assertion were true, it would undermine two major arguments made by defenders of the corporation. What are these arguments and how would the assertion undermine them? (One of your answers would probably trouble corporate reformers as well.) 5. Acting pursuant to a warrant obtained upon a sufficient showing of probable cause, Officer Beau Bogus arrested Earl Sleazeman for the crime of murder. Officer Bogus neglected to give Sleazeman the Miranda warnings at the time of the arrest or at any time thereafter. During booking at the police station, Officer Bogus required an unwilling Sleazeman to submit to fingerprinting. (Information obtained through the fingerprinting process ultimately proved useful, because the police discovered Sleazemans fingerprints on the door know to the front door of the house where the dead body of the murder victim had been found). After booking was completed, Officer Bogus and Detective Harriet Dirty interrogated Sleazeman still without the Miranda warnings ever having been given at the police station. During the course of the interrogation, Sleazeman confessed to the murder for which he had been arrested. Sleazeman later retained attorney Nola Contendere to represent him in the murder case. She has filed, on Sleazemans behalf, a motion to suppress (i.e., motion requesting a court order excluding certain evidence) in which she argues that the fingerprinting of Sleazeman and the interrogation of him violated his Fifth Amendment rights and his Miranda rights. Sleazemans attorney argues, therefore, that the exclusionary rule should be applied, as to prevent the state from using the following evidence against Sleazeman: (a) any evidence derived from the fingerprinting that took place during booking; and (b) Sleazemans confession. Is Sleazemans attorney correct in her arguments that Sleazemans Fifth Amendment rights and Miranda rights were violated? Why or why not? As to the evidence listed above as (a) and (b), mentioned in Sleazemans attorneys motion to suppress, state whether the exclusionary rule would prevent the prosecution from using that evidence against Sleazeman? Explain your reasoning. 6.Jeds roommates played a trick on him by abducting him from his room and tying him up in his underwear on his girlfriends porch. Jed, who was intoxicated, slept through the whole incident and didnt wake up until the next morning, after his girlfriend had untied him and dressed him. Under what legal theories, if any, is Jed entitled to recover damages from his friends under these facts? 7. What are four factors courts consider in determining whether an activity is abnormally dangerous for purpose of strict liability? Comparison Of Domestic Polocies Of Roosevelt, Taft Essay Advice All of the checks forwarded to Mr. Smith should be held in a specific account, called an escrow account. There is an agent that holds the investors money in the escrow account. This money should be kept safely here in order to benefit Mr. Smith, but also so the investors can feel at ease knowing their money is being held safely. The investment money will remain in this account until all of the conditions of sale have been met and the closing takes place, at which time .