Business Question
1. Donald is playing golf at Torrey Pines Golf Course. The sun has just set. Greeting him at the eighth hole is the Beer Cart, a mobile adult-beverage service, operated by Bluto. Donald buys a beer – his sixth that day.
Mickey and his wife Minnie, tourists from Texas, are playing one hole ahead. Donald hits the ball without first making sure no golfers up ahead are in danger. The errant ball hits Mickey, knocking him unconscious. Minnie confronts Donald. He tells her to back off or he’ll push her down. Donald turns to walk away and Minnie pulls a handgun from her purse. She shoots Donald in the tail.
Bluto sees everything. He tells the detective that Donald threatened to kill Minnie. Donald was charging towards her, wildly swinging a club, he lies. Minnie fired in self defense. Based on Bluto’s account, Donald is arrested at the hospital.
Adding to Donald’s problems is a $200,000 medical bill. He needs money. Minnie, he learns, is a popular gamer, with 1,000,000 followers. Donald downloads a photo of Minnie, taken by Mickey, from her webpage and has it printed on t-shirts with “Minnie is a Menace” on the front. He has sold 50,000 shirts, making a $200,000 profit.
Next, Donald calls Goofy, the golf course owner, with a proposal to take over the course Beer Cart service. Goofy declines, saying he’s only halfway through his two-year contract with Bluto. Donald says that he’ll split profits from sales 50/50, a much better rate then the 60/40 deal with Bluto. Goofy accepts.
To prevent this sort of gun violence in the future, the California legislature passes a law that prohibits females from possessing guns on golf courses. The drafter of the bill claims that singling out women is necessary because “women carry purses, making it easier to conceal guns.”
Lawsuits begin to fly. Answer the following questions based on this fact scenario.
Let’s begin with Mickey’s lawsuit against Donald seeking compensation for the injuries he suffered from the errant golf ball.
a.Mickey files a lawsuit against Donald in Texas state court when he arrives home. How should Donald respond?
b.Let’s say Mickey decided not to file a lawsuit because he’s too busy. Instead, Bubba, his neighbor, files the lawsuit instead to “stick it to those crazy California fruitcakes.” What is Donald’s best response?
c.In class/Canvas PowerPoint videos, we discussed legal challenges of two brothers from Aruba and their connection to the disappearance of a young woman. For what purpose was that discussed?
2. Staying with Mickey’s lawsuit against Donald…
a.Let’s say Mickey files his lawsuit in Federal court in San Diego, seeking $15,000 for the medical expenses he incurred. What is Donald’s best response?
b.List a discovery tool and how each side could use that tool.
c.The loser can appeal an adverse verdict. In the class lecture/Canvas PowerPoint videos I shared a scenario about a child left home alone by his parents. Why was that example used?
3.Continuing with Mickey’s lawsuit against Donald:
a.What legal issue – just the issue – will Mickey raise in his lawsuit?
b.List the elements (the rule) of that legal issue, as discussed in class lecture/Canvas PowerPoint videos.
c.In our class lecture/Canvas PowerPoint videos, I used an example of this type of tort also in a golf course setting. What happened in that case?
4. Now we’ll move to Donald’s lawsuit against Minnie for shooting him in the tail:
a.What legal issue will Donald most likely raise?
b.List the elements (the rule) of this legal issue as detailed in the class lecture/PowerPoint videos.
c.Let’s say Minnie raises as a defense that the sun was in her eyes so she couldn’t see whether Donald was running towards her or away from her. What would be Donald’s best response to this?
5.Now let’s move to Donald’s sale of the “Minnie is a Menace” t-shirts.” Included on those shirts is a photo of Minnie.
a.What form of intellectual property can be used to protect those photos?
b.Who has legal standing to file a possible infringement lawsuit? Explain.
c.List the steps in the test used to show infringement, as shared in class lecture/PowerPoint videos?
d.In the class lecture/PowerPoint videos we discussed a case concerning infringement of this form of intellectual property. It involved a child’s plush toy. In your own words, what happened there?
6.Minnie is not at all pleased with Donald’s “Minnie is a Menace” t-shirts.
a.What legal issue can Minnie raise in a lawsuit to prevent Donald from selling those t-shirts?
b.List the elements (the rule) of that legal issue, as defined in the class lecture/Canvas PowerPoint videos.
c.As an advocate for Minnie, apply facts to each element.
7. Back to the shooting. Donald is outraged that Bluto accused him of charging at Minnie before Donald was shot.
a.What legal issue will Donald raise in his lawsuit against Bluto?
b.List the elements (the rule) of that legal issue, as defined in the class lecture/Canvas PowerPoint videos.
c.In class lecture/PowerPoint video we discussed this issue in a case involving a 1990’s sitcom actor and an exotic dancer. In your own words, what happened there?
8.For the Donald/Bluto lawsuit in question 7…
a.Apply facts to each element as an advocate for Donald.
b.What is Bluto’s best defense? Explain.
9.Bluto learns from Goofy that his Beer Cart services for the course are no longer needed because Donald will be taking over. Bluto is furious.
a.What legal issue should Bluto raise in his lawsuit against Donald?
b.What are the elements (the Rule) of this issue, as discussed in class lecture/PowerPoint video?
c.In our classroom lecture/PowerPoint video we addressed this legal issue with a fact scenario concerning musicians on a picnic. What happened there?
10.
Finally, Minnie files a lawsuit challenging the California legislation that banned women from possessing handguns on a golf course.
a.Where in the U.S. Constitution will Minnie find help showing this law is unconstitutional?
b.List the tests used by the U.S. Supreme Court to determine if a violation of this protection has occurred.
c.Which test will be used in Minnie’s case? Why?
d.In our Canvas PowerPoint modules we covered a U.S. Supreme Court decision that greatly expanded constitutional protections to members of the class referred to here. That case was argued for the plaintiff by an attorney who later became a U.S. Supreme Court Justice. Who was that Supreme Court Justice and what was the case about?
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.
