Subject: Law
Topic: BUSINESS LAW
Language: English (U.S.)
Pages: 2
Instructions
Learning Activity #1 Bob lives in the State of Idaho. Mary lives in the State of Maryland. Bob was on a trip and having fun with his son, Bob Jr. and his wife Gail. The Bobs were driving in the State of Nevada, when they came upon Mary driving her car. Mary appeared to be having trouble driving her car . There was an accident and all parties were injured. Bob wants to sue Mary for damages. Where can suit be brought and why? Cite your authority from the text with page numbers. Does Mary have any control over where suit can be filed. Just prior to trial, the witness officer, was killed in the line of duty so the Bobs lost the suit. The officer was to be a witness for Bobs. The suit was in the media, and after the Bobs appealed the case, a witness, Maybe Ann, came forward and stated that Mary was texting at the time the accident occurred. Should Maybe's testimony be heard and allowed? Two months after the trial it was determined that the accident had caused injury to Mary's brain which will cause Mary to loose her sight. Mary wishes to file suit against Bob. Where can she file suit? Are there any reasons why she can or cannot file suit? Is it reasonable for appellate courts to not hear new evidence in an appeal? Should new available evidence be grounds for appeal? In many cases additional evidence is available by the time of the appeal. If this is the case, wouldn't justice be best served by allowing the appellate court to consider it? And even if there is no new evidence available, should the appellate court be able to reconsider the trial evidence and impose a different verdict from that of the jury? If new evidence could support an appeal, no case would ever be final. The parties would always have to worry that the other side might find new evidence. The appellate court cannot hear new evidence because there are no juries at the appellate court level, and the evidence would likely involve factual matters. Lastly, if the appellate court could replace jury verdicts with its own fact finding, it would be usurping the role of the jury. Would it be different if the trial was by a Judge. Does Mary have a right to a trial by jury? State what your views are on the purpose of the appellate courts. Where do courts get their power? Do the states have the same court structure and rules? Is there a right to an appeal? Is this a constitutional right? Separate your answers under the heading that applies. Issue Rule Application Conclusion Learning Activity #2 In response to escalating school violence, the Cool County School Board is considering adopting a multifaceted policy to address school safety. The draft policy contains the following provisions: 1. Elementary schools shall provide instruction in moral values, including, but not limited to, the study of famous moral leaders such as Buddha, Ghandi, Jesus, Martin Luther King, Jr., Mohammed, and Moses. 2. Students deemed by administrators to be at-risk for violent behavior shall be referred to counseling. Such student's desk and computer may thereby be searched and such information may be used in such evaluation, or for any other purpose. At the discretion of the parent or guardian, counseling will be provided either within the public school system, or vouchers will be provided to pay up to $2,000 per annum for private counseling with a licensed social worker, psychiatrist, psychologist, pastoral counselor, or ordained clergy person. 3. Local school administrators shall conduct periodic unannounced searches in middle and high schools. Such searches shall involve lockers, backpacks, and purses selected on a random basis. In addition, hand-held metal detectors may also be used to check students for weapons. In an addition teachers and employees are subject to the same searches along with all computers on the premises. DUI or DWI check stops will be conducted at all school events. In addition, The state highway administration will have said traffic stops on the state highway in front of the school, at times deemed necessary. Assume you are the attorney for the County School Board and the State Highway administration. Discuss the advice that you would give them as to the potential State and Federal constitutional challenges to these provisions and the likely outcomes of such challenges. Discuss all possible legal concepts and how and why they should be applied to the facts. Remember to cite the text with page numbers and any other legal resources. Is there anything wrong with the statute? If so what part and why?

Business Law

Activity 1:

Issue

The suit should be filed in Nevada because this is where the accident occurred. Bob has a right to bring suit against Mary because he caused bodily harm to both he and his family through negligence. Based on the details of the case study, Mary appeared to be having difficulty driving her car and thus she was liable for all the injuries caused due to the accident. Mary will not have control over where the suit can be filed because she is the defendant in the case.

Maybe Ann’s testimony should not be heard because her credibility as a witness is in doubt. If she were genuine, she would have been a witness immediately the case began. The case has been in the media so there is every possibility that Maybe Ann has learnt details pertaining to the case through the media and wishes to dupe the court into believing that she is a credible witness and that she was at the scene of the accident.

Rule and Application

Mary can also file a suit against Bob claiming compensation for the brain injuries she sustained. She can file the suit under Nevada’s modified comparative fault rule where a jury can declare that Bob too was also to blame for the accident. The modified comparative fault rule states that an accident victim’s compensation is reduced if his actions also contributed to the action (Boyd, 2006). For Mary to sustain serious injuries that have caused her to go blind, it shows that Bob too was in part to blame for the accident and she should claim compensation for the same or at least Bob’s compensation should be reduced.

If the trial was by a judge then perhaps new evidence could be heard. The new evidence presented could lead the judge to overturning a previous ruling and requiring that a new trial take place with a new jury. Every individual has a right to a trial with a panel of his or her peers. Therefore, Mary has a right to a trial by jury.

Conclusion

Appellate courts are meant to hear and review appeals from cases that have already been heard in trial and other courts. The appellate courts derive their power from the constitution of the land that allows certain special courts to review judgments by lower courts. According to Lobsenz (1985), every citizen has a constitutional right to an appeal.

Activity 2:

In my capacity as the attorney for the County School Board and the State Highway Administration, I deem it ill-advised to conduct unannounced searches in middle and high schools. The Supreme Court argues that teachers and administrators’ need to maintain order in a school is greater than a child’s privacy and his Fourth Amendment right to be secure from an unreasonable search. However, there needs to be reasonable grounds for suspecting that a search will bring forth evidence of a plan to commit violence in the school. Otherwise, without reasonable grounds, arbitrary searches in students’ private belongings are illegal (Ehlenberger, 2002).

In addition, metal detectors can only be used in schools to check students and teachers if the particular school cites a special need. For instance, the schools in the County Board need to state clearly that they have a special need of controlling entry of weapons into the school and eliminating any form of violence that could be caused by a weapon. Without acknowledging a special need then the school’s use of metal detectors on the students could be considered an infringement on their Fourth Amendment rights (Ehlenberger, 2002).   

On the matter of referring at-risk students to counseling, the schools will be within their rights to do so in order to limit their liability just in case one of the students goes on a violent rampage. When it comes to making students study famous moral leaders including some religious leaders such as Moses, Jesus, and Buddha, the law might misconstrue this as an infringement on the right to worship and religious freedom. Therefore, the schools will be well advised from teaching morality classes on these religious leaders.



References

Boyd, W.S. (2006). Nevada Law Journal 7:430-431.

Ehlenberger, K.R. (2002). The Right to Search Students. Understanding the Law 59 (4): 31-35.

Lobsenz, J. (1985). A Constitutional right to an appeal: Guarding against unacceptable risks of erroneous conviction. University of Puget Sound Law Review, 8 (375): 375-410.