Explain the best solution for each. Include comments related to any ethical issues that arise. You should locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.
Scenario 1: Jurisdiction and Choice of Law.
Three friends from Florida were going cross-country skiing in Michigan. Shirley, the first skier came to a stop sign on the trail, waved at her companions and stopped. Jackie, the second to approach, was going too fast to stop, veered to the left and tripped over a log. Jane, the third skier was going so fast she clipped Shirleyâ€™s skis, fell over Jackie and slammed into a tree. Jane broke bones in her right arm and leg, which required surgery to repair the injuries. Jane filed a lawsuit against Shirley and Jackie in a trial court in Florida, claiming that each of her friends was liable to her for their negligent skiing. A Michigan statute specifically stated that snow skiers assumed the risks associated with skiing. Florida law did not contain an assumption of the risk rule regarding skiing. The two defendants made a motion for summary judgment.
- Does Michigan or Florida law apply to this case? Explain
Scenario 2: Constitution
Paul Mitchell, a student at Raleigh Egypt Middle School learned he received a â€œDâ€ in his history class, which meant he would have to attend summer school. Mitchell posted on Facebook that his history teacher and the principal should be shot. Mitchell also posted a cartoon that showed the teacherâ€™s head on a body that had been mutilated. Mitchellâ€™s mother instructed her son to remove the post, but he refused. The principal suspended Mitchell for the last month of school and contacted the police.
- Determine whether Mitchellâ€™s statement and resulting actions by the school violate the First Amendment. Provide support your answer.
Legal & Ethical Scenarios
Select two of the three scenarios. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenario text into the paper. Label the beginning of each scenario with the number you selected (e.g., Scenario 1). Cite your sources in APA format on a separate page. Submit your document to the Submissions Area by the due date assigned.
Scenario 1 – Courts
- Research the court system of YOUR state. Present a brief overview of the court system by identifying the courts and the types of cases they preside over. Explain which court hears the following types of cases.
- Food poisoning at a locally owned restaurant
Scenario 2: Constitution
Fat Cat Brewery (FCB) sells beer containing labels displaying a cat making a rude gesture with the middle finger. FCBâ€™s distributor, Robillio Distillery, applied to the Tennessee Alcoholic Beverage Commission (TABC) for approval of the label, which was required before the beer could be sold in Tennessee. The TABC rejected the application because children might see the labels in stores. FCB filed a lawsuit in federal district court against the TACB, asking for, among other things, an injunction against the denial.
- Was the TABCâ€™s ruling that prohibited the gesture on the beer labels an unconstitutional restriction commercial speech?
- If Fat Cat Brewery had applied to use the offensive label to market toys instead of beer, would the courtâ€™s ruling likely have been the same? Why or why not?
Scenario 3: Constitution
Vicki accepted a management position at Dunavant Enterprises, a distribution center for construction machinery parts. When arriving for work on the first day, Vicki noticed a sign that states weapons, including handguns, are not permitted anywhere on the employerâ€™s premises. While completing her new hire paperwork, Vicki sees the same information about weapons being banned from company property in the employee handbook. The employee handbook informs employees that the company reserves the right to search persons, vehicles, and other property. Vicki has a permit to carry a handgun and it is currently locked in her vehicle in the parking lot. Vicki signed the acceptance of the terms of the handbook; however, she had no intention of leaving her gun at home.
Three weeks later, briefcases, purses, and vehicles were randomly searched by Dunavantâ€™s Security Department. When the officers found the loaded gun under the seat of Vickiâ€™s car, she was terminated.
Use the South University Online Library or the Internet to find a statute in your state that references guns in the workplace. Consider combining terms (statute, guns, work) in your search.
Note: If you cannot find a statute for your state, you may use one from another state.
Based on your research and the scenario, provide answers to the following questions.
- Identify the statute and provide a brief summary of it.
- Did the company violate Vickiâ€™s Second Amendment rights? Why or why not?
- Did Dunavantâ€™s prohibition on weapons violate the state statute you selected?
- What advice would you provide to the company and Vicki?
Please APA style.