Snyder v. Phelps, 462 US 443 (2011) involved members of the Westboro Baptist Church picketing at the funeral of Marine Lance Corporal Matthew Snyder.

/in /by

Snyder v. Phelps, 462 US 443 (2011) involved members of the Westboro Baptist Church picketing at the funeral of Marine Lance Corporal Matthew Snyder. Please read the decision by clicking on the case name and give a summary of the facts of the case, the issue, the Court’s decision and whether or not you agree with the court’s legal reasoning. In oral argument, Justice Scalia questions the applicability of the “fighting words” doctrine enunciated in Chaplinsky v. New Hampshire, 315 U. S. 568 (1942). Despite Scalia’s discussion, the doctrine is dismissed in a footnote in the majority opinion and barely mentioned in the concurring opinion. Please watch the video and answer these questions.

Please define and explain the doctrine.  Could/should it have been applied in this case?  Is there another analysis that the Court could have made which would result in a different outcome? Do you agree with the outcome of this case?  What other free speech cases has the Court decided and do you agree with them?

The following discussion comes from your week 3 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research.  In addition, I would recommend utilizing the legal studies program guide.

/in /by

The following discussion comes from your week 3 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research.  In addition, I would recommend utilizing the legal studies program guide.

Part I

Affirmative defenses fall under the categories of justification and excuse. Choose one justification defense (self-defense, duress, etc.) and one excuse defense (infancy, mistake of fact, intoxication, etc.).

Explain how these defenses can be used at trial. Should these types of defenses relieve a person of his or her criminal responsibility?

Part II

The defense of duress cannot be used in cases of murder.

Is this exception reasonable, or are there murder cases where this defense should be allowed

Using the facts provided to you in the week one discussion #2, answer the following questions : 1) Was the arrest of Mayo a legal arrest? Discuss why. Please include the components of a reasonable arrest and whether or not they were met with Mayo.

/in /by

Using the facts provided to you in the week one discussion #2, answer the following questions :

1) Was the arrest of Mayo a legal arrest? Discuss why. Please include the components of a reasonable arrest and whether or not they were met with Mayo.

2) Did law enforcement need an arrest warrant prior to arresting Mayo? Discuss why. Make sure to support your thoughts.

3) Can law enforcement seize the broken beer bottle and the gun without a search warrant?

SCENARIO: Jim and Laura Buyer visit the local car dealership because they are interested in buying a new car. The car they currently have is aging and is starting to have mechanical problems. Jim and Laura would share the new car, and use it to go back and forth to work and school.

/in /by

SCENARIO: Jim and Laura Buyer visit the local car dealership because they are interested in buying a new car. The car they currently have is aging and is starting to have mechanical problems. Jim and Laura would share the new car, and use it to go back and forth to work and school. Before going to the dealership, Jim and Laura decide that they can only afford $400.00 a month in car payments.

Once at the car dealership, Jim and Laura meet Stan Salesman. Stan shows them several vehicles and Jim and Laura test-drive several of the cars. Jim and Laura particularly like the blue 4-door sedan. Therefore, they agree to give Stan Salesman a $100.00 deposit to hold the car for a day. Stan Salesman does not give them the receipt but guarantees that the $100.00 is refundable. No documents were signed.

The next day, Stan Salesman calls Jim and Laura to ask them when they would like to take delivery of the car. Jim and Laura, on the way home from the dealership, decided that they were not going to buy the car because they did not want to spend that money each month. Therefore, Jim and Laura tell Stan Salesman that they have decided not to buy the car and request their $100.00 deposit back.

Stan insists that the $100.00 was a deposit on the car and was meant to be part of the contract to buy the car. Stan is very persistent and insistent that Jim and Laura have contracted to buy the car; therefore, the $100.00 will be applied to the purchase price of the car. Jim and Laura are shocked and angry as not only do they not want to spend the money, but now feel as though they are being duped by Stan Salesman.

Jim and Laura have an appointment to see a lawyer in a few days, but know you are a student taking a business law class and come to you for advice. They are very frazzled, and understandably upset that they may have just purchased a car. Since you have been taking business law, you have read and understand the elements of a contract and the defenses to a contract. Therefore, although you are not a lawyer, you provide some basic advice from what you’ve learned in your business law class.

ASSIGNMENT: In three to five (3-5) pages, advise Jim and Laura based on the above facts as presented and the material covered in the lessons. In your paper, be sure to address the following:

  1. Define the elements of a legal contract using examples from the scenario where applicable.
  2. Decide whether or not there was a contract for the purchase of the automobile.
  3. Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile.
  4. Use at least two (2) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as quality academic resources.

he following discussion comes from your week 3 readings. Outside research to address these issues is encouraged.

/in /by

The following discussion comes from your week 3 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research.  In addition, I would recommend utilizing the legal studies program guide.

The Fourth Amendment protects individuals against unreasonable searches of their property and persons. It also prevents law enforcement from making unlawful arrests/seizures. It requires that all searches be reasonable.

This discussion asks you to examine the requirements for a search warrant and the exceptions to needing a warrant.

Please thoroughly discuss each of the following:

  1. Discuss when a search warrant is needed by law enforcement.
  2. Discuss what law enforcement must demonstrate to a judge to have a search warrant issue.
  3. Discuss the various exceptions to the search warrant requirement. Please include examples of each in your response.

Business Law INSTRUCTIONS TO CANDIDATES:

/in /by

Index Number: _____________

 

 

Academic Session 2021 September 2021 Semester

 

ASSIGNMENT

BBM204/03 Business Law INSTRUCTIONS TO CANDIDATES:

 

1. This assignment is the alternative assessment to replace the proctored examination.

2. This assignment consists of ten (10) questions. Answer ALL questions.

3. You are allowed a maximum of one (1) attempt to submit your assignment.

4. The assignment will be made available from 15th November 2021, Monday (00:00) until 1st December 2021, Wednesday (23:59).

5. Completed assignment must be submitted by 1st December 2021, Wednesday (23:59).

Copyright © 2021 WOU

…2/-

 

 

2 BBM204/03

Answer ALL questions. Each question carries 10 marks. 1. Explain the “neighbour principle” as stated by Lord Atkin in Donoghue v Stevenson. 2. In relation to the law of tort, explain the legal term “contributory negligence”. 3. Explain the terms “offer” and “acceptance” in contract. 4. The general rule is that no one can give a better title that he has himself. Discuss this

general rule and state the exceptions. 5. Describe the principle of “limited liability” in a limited liability partnership.

6. Describe factors to consider during the planning stage of pre-incorporation of a company.

7. “A promises to pay B RM10,000 at the end of six months, if C, who owes that sum to B,

fails to pay it. B promises to grant time to C accordingly”. Advise the lawful consideration of the above.

8. P entered into a 10-year lease of a warehouse. Thereafter, the local authority closed the

only street access to the warehouse because of a dangerous building. The street was to be re-opened after the dangerous building was demolished. Discuss whether P could refuse to pay rent and have the contract set aside on the basis of frustration.

9. A, who was a director and secretary of R’s co-operative society, bought land at the price

of RM900,000 on behalf of R. A knew that the vendor had earlier paid RM450,000 for it but did not inform R accordingly. It turned out that A had received RM150,000 as benefit from the vendor. Advise R.

10. An offer to contract was made to you by email. You decided to accept that offer and

replied by email stating your acceptance. When is the acceptance validly communicated?

 

END OF ASSIGNMENT

Explain the “neighbour principle” as stated by Lord Atkin in Donoghue v Stevenson. 

/in /by

Answer ALL questions. Each question carries 10 marks.

1. Explain the “neighbour principle” as stated by Lord Atkin in Donoghue v Stevenson.

2. In relation to the law of tort, explain the legal term “contributory negligence”.

3. Explain the terms “offer” and “acceptance” in contract.

4. The general rule is that no one can give a better title that he has himself. Discuss this general rule and state the exceptions.

5. Describe the principle of “limited liability” in a limited liability partnership.

6. Describe factors to consider during the planning stage of pre-incorporation of a company.

7. “A promises to pay B RM10,000 at the end of six months, if C, who owes that sum to B, fails to pay it. B promises to grant time to C accordingly”. Advise the lawful consideration of the above.

8. P entered into a 10-year lease of a warehouse. Thereafter, the local authority closed the only street access to the warehouse because of a dangerous building. The street was to be re-opened after the dangerous building was demolished. Discuss whether P could refuse to pay rent and have the contract set aside on the basis of frustration.

9. A, who was a director and secretary of R’s co-operative society, bought land at the price of RM900,000 on behalf of R. A knew that the vendor had earlier paid RM450,000 for it but did not inform R accordingly. It turned out that A had received RM150,000 as benefit from the vendor. Advise R.

10. An offer to contract was made to you by email. You decided to accept that offer and replied by email stating your acceptance. When is the acceptance validly communicated?

Research and explain the three main types of intellectual property (1) Patents (2) Trademarks and (3) Copyrights.

/in /by

Research and explain the three main types of intellectual property (1) Patents (2) Trademarks and (3) Copyrights.

The length should be about five paragraphs: introduction, one paragraph on each topic and a conclusion. The purpose is to understand the differences between these types and to determine if any special handling is required if responsive materials fall into one of these categories.

Graded Elements:

  • APA Format – NO ABSTRACT NEEDED
  • Approximately five (5) paragraphs total
  • Introduction / Conclusion paragraphs
  • One paragraph on each topic
  • Properly cite references utilized according to current APA standards
  • Three (3) to five (5) sources required

Issue Are the defendants liable for copyright infringement?

/in /by

1. (only 2 questions for 1.)

Facts
Norton’s Country Corner (Norton’s) is a cowboy bar located in Queen Creek, Arizona. The bar is owned by McDade & Sons, Inc., which is owned 100 percent by Nancy McDade. McDade is its sole officer and director. Live bands play country-and-western music at Norton’s on various nights of the week. Certain copyright owners of music have authorized Broadcast Music, Inc. (BMI) to license the use of their copyright songs to broadcasters and to owners of concert halls, restaurants, and nightclubs for live performances of the copyrighted music. BMI attends public performances of music to determine whether any copyrights it is authorized to license are being performed without such license.

One night, a BMI representative attended a live band performance at Norton’s bar and recorded the songs played by the band that night. The audio recording showed that 13 copyrighted songs that BMI was authorized to license were played by the band at Norton’s without the required license. BMI sued McDade & Sons, Inc. and Nancy McDade in U.S. district court for copyright infringement. The defendants argued they had not committed copyright infringement and that copyright law did not apply to owners of small establishments.

Issue
Are the defendants liable for copyright infringement?

Language of the Court
The Copyright Act gives the owner of a copyright the exclusive right to publicly perform, or authorize others to perform, the copyrighted work. Any person who violates this exclusive right is an infringer. Lack of authorization is established by the undisputed fact that defendants were not licensed by BMI to perform plaintiffs’ copyrighted musical compositions. Defendants contend that the copyright laws are unfair to small bar owners “struggling to get by week by week.” Defendants seek an exemption from complying with the Copyright Act, but have not cited any authority for such an exemption. The record reflects that defendants’ infringements were knowing and willful.

Decision
The U.S. district court held that the defendants had engaged in copyright infringement and awarded $39,000 in damages, attorney’s fees, and costs to the plaintiffs, and issued a permanent injunction against the defendants’ infringement of copyrighted musical compositions licensed by Broadcast Music, Inc.

Critical Legal Thinking Questions
Should small-business owners of bars and other establishments be free from copyright laws?

How many restaurants, bars, and other establishments play copyrighted music without the copyright owner’s permission?

2. Exclusionary Rule
Evidence obtained from an unreasonable search and seizure is considered tainted evidence (“fruit of a tainted tree”). Under the exclusionary rule, such evidence can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched. However, this evidence is freely admissible against other persons.

The U.S. Supreme Court created a good faith exception to the exclusionary rule.13 This exception allows evidence obtained illegally to be introduced as evidence against the accused if the police officers who conducted the unreasonable search reasonably believed that they were acting pursuant to a lawful search warrant.

U.S. Supreme Court, Washington DC
In the United States, suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.

Critical Legal Thinking
Does the exclusionary rule allow some guilty parties to go free?

Is this an acceptable result when balanced against the protections afforded by the Fourth Amendment?

Find and share a case where a person was set free based on unreasonable search and evidence was found? If you cannot find one, try to find a case simlar to the one below.

Case Example: DON’T USE THIS CASE 

David Riley was stopped for driving with expired registration tags. A search of the car turned up two concealed and loaded firearms. The police confiscated Riley’s smartphone and went through it and found gang related information and a photograph of Riley in front of a car they suspected to be involved in a shooting a few weeks earlier. Based on the information retrieved from the cellphone Riley was charged with that earlier shooting, with firing at an occupied vehicle, assault with a semiautomatic weapon, and attempted murder. Riley was convicted of all charges and was sentenced to 15 years in prison. Prior to trial, Riley moved to suppress the evidence the police obtained from his cellphone, alleging that the information obtained from his phone was the fruit of an unconstitutional search in violation of the Fourth Amendment. The court denied Riley’s request. After appeal, the U.S. Supreme Court granted certiorari to hear the case.

Consider the following hypothetical: Ed contracted with Becky to build a house. Immediately prior to that meeting, Becky was so nervous that she drank an entire bottle of champagne and she does not remember all of the details of the meeting.

/in /by

Consider the following hypothetical: Ed contracted with Becky to build a house. Immediately prior to that meeting, Becky was so nervous that she drank an entire bottle of champagne and she does not remember all of the details of the meeting. Shortly before the closing, Ed met with Becky, accused her of fraud and threated to prevent the contract from going to closing. Ed’s associate, a former stunt double for Dwayne “the Rock” Johnson, stood outside the door for two hours to prevent Becky from leaving. Ed gave Becky the choice of signing a new contract promising him more money for the build or going to court. Becky signed the agreement but now has sought legal advice.

Imagine that you are Becky’s attorney. What would you tell her about whether she can rescind the contract? (Big Hint: Capacity to Contract, Duress and Undue Influence)