ACW Case study #1 Transamerica Oil Corporation v. Lynes‚ 723 F.2d 758. Procedural History: Transamerica‚ who conducts oil and gas drilling‚ solicited Lynes about their advertisement regarding an injection packer and decided purchased several of them only later to determine that they did not perform properly. Plaintiff decided to file suit‚ under the Kansas Uniform Commercial Code (UCC)‚ the plaintiff claim that there was a breach of an express warranty by the
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The parties (Who is the plaintiff? The defendant? The appellant? The appellee?) Christine McCune‚ Appellant‚ v. MYRTLE BEACH INDOOR SHOOTING RANGE‚ Defendant. The history of the case (Who won at trial court? Who won at the lower appellate level? Who won in this decision?) Trial court granted summary judgment to the Range on the basis of the exculpatory language in the release of liability signed by McCune. Myrtle Beach Indoor Shooting Range won at both levels. The facts (What happened
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Business Ethics Case BUS 415 February 26‚ 2012 Business Ethics Case: Lawsuits In every business ethics lawsuit there are many questions that must be answered. The first question that a person or organization wanting to sue must ask is if he or she has standing to sue. According to this law “the plaintiff must have some stake in the outcome of the lawsuit” (Cheeseman‚ 2010‚ p. 43). If the plaintiff does not have this they cannot bring the suit to court. The next question that must be determined
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State and Federal Court Systems Fawn A. Babcock American InterContinental University Abstract The American court system is divided up into different systems to better serve the people it is meant to protect. Each branch deals with different types of cases yet they work together in handling these cases. While the Federal system deals with cases handed down directly by the U.S. Constitution the State system deals with their respective state constitutions and the
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Is there Jurisdiction? [Insert Name Here] [Insert Additional details here] Situation 1: Mike‚ a Utah resident‚ sues Jim‚ a Nevada resident for $60‚000 in Nevada’s Federal District court for negligence (a state law civil suit). Jim argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right? Under the circumstances‚ since Mike lives in Utah and Jim lives in Nevada then the type of subject matter jurisdiction that applies is diversity jurisdiction. Under
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1. Case 1 Country X purchased property in Chicago‚ USA‚ for its embassy. After country X has merged with country Y to form country Z‚ the property was turned over to the new formed State. Country Z was represented by a single ambassador to USA. Few years later‚ country Z was dissolved and Country X and Y again became separate independent sovereign states. Country X then sought to reclaim its embassy‚ but the property was being occupied at that time by a diplomat of country Y (who had been country
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Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions: 1. If Javier sued Energy-Auto Inc.‚ identify who would be the plaintiff and the defendant. 2. In which state or states can the suit be brought? 3. Assume that Javier incurred $100‚000 in damages. a) Analyze whether the suit can be brought in federal court b) Explain the advantages and disadvantages of federal versus state court for this type of suit. Case 1. Javier is traveling
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In tort law negligence may be defined as the failure to act reasonably‚ i.e.‚ as a reasonable man would act. The reasonable man exercises care not to injure others. To the reasonable man some truths are self-evident. The reasonable man knows the difference between direct facts and imagined conjectures. The reasonable man cares for his neighbor’s welfare. He does not steal. He does not lie. He acts responsibly to others and to himself. He follows the Golden Rule. He is not required to throw
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Interview questions & Rule 4 defined Prof. Piquant Kaplan University School of Legal Studies By: Lawrence Pelkey 10 interview questions for the plaintiff 1. Tell me what happened on June 27th ‚ 2014 while driving your Dodge automobile in a northwardly direction on Lebanon road? 2. Did you see another vehicle in your lane on this road on June 27th? If so can you identify the vehicle and did you see the driver? 3. What happen after you spotted the
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In this negligence case brought by a former tenant Rosetta Taylor‚ the Defendants Vista Views Leasing Properties Inc.‚ d/b/a Park Bluff Apartments move for summary judgment on plaintiff’s claim of negligence and breach of duty. The defendants move for summary judgment based on an affirmative pleading of the defense of the statute of limitations. Tex. R. Civ. P. 94; Tex. Civ. Prac. & Rem. Code § 16.003(a) (West 2002). Defendants contend that the statute of limitations has run and bars any and all
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