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- Applying the Law to a Set of Facts
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.
Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.
Case 1. Javier is traveling from his home in New York to Dallas, Texas. While driving through Oklahoma, his brakes fail and he is injured in the ensuing crash. Javier wants to sue the maker of his car, Energy-Auto Inc. Energy’s headquarters is in New York. It does not have any dealerships in Oklahoma or do any advertising in Oklahoma.
- Tort or Crime
about the Bailey v. Eminem defamation case where the court held Eminemâ€™s lyrics were protected by the First Amendment. to the Pahler v. Slayer case. Respond to the following questions:
1. Did the Pahler court use the same reasoning as used in Bailey v. Eminem?
2. Should the courtâ€™s decision in Pahler be different because a young girl was murdered?
3. Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.