Bus Law Cases Flashcards
Doe v. Prosecutor, Marion County
1st Amendment: Freedom of Speech
Child molester says his 1st amendment right is being taken away because he has the whole internet restricted. Court agrees and his restriction changes to only websites associated with children.
People v. Sisuphan
Embezzlement
Sisuphan embezzles $30k from the employers safe and thought a fellow coworker would be blamed and terminated. His defense was that he returned the money but that is irrelevant and he was convicted.
State of Minnesota v. Smith
Burglary
There were burglaries of two homes and a tennis center. The suspect Smith was resent at the scene of the crime and was in possession of the stolen items proving he committed the crime.
Johnson v. Shaffer
Business Ethics
Dirty mechanic, Shaffer, withheld Johnsons truck after not fixing the issue it had multiple times.
Espresso Disposition Corp. v. Santana Sales & Marketing Group Inc.
Venue
An appeal was filled for a lawsuit for breach of contract between two companies. It was unsure whether the suit should take place in Florida or Illinois. Venue ended up being proper in Illinois and both parties agreed.
Lhotka v. Geographic Expeditions
Unconscionable Arbitration Agreement
Lhotka sued for wrongful death after her son died during a GeoEx expedition. They decide to create an arbitration agreement. However, the agreement was unconscionable because it was one-sided towards GeoEx.
Gucci America, Inc. v. Wang Huoquing
Jurisdiction
Fraudulent Gucci items sold over the internet. The issue was concerning jurisdiction and because jurisdiction can be exercised over a foreign defendant it was allowed.
Mala v. Crown Bay Marina, Inc.
Jurisdiction
Boat explosion. The issue was jurisdiction, and since both parties were from the Virgin Islands it was personal jurisdiction.
Wilson Sporting Goods v. Hickcox
Product Liability
Hickcox bought an umpire mask from Wilson Sporting Goods. There was a design defect in the umpire mask which caused Hickcox to be injured. Hickcox sued and court sided with him under strict liability - product liability.
Taylor v. Baseball Club of Seattle
Negligence (defense: assumption of the risk)
Taylor was attending a baseball game and was stuck in the face by a fly ball. She sued, but prior to going to the game she knew that her seats could be at risk of a fly ball. The court favored Baseball Club of Seattle under the negligence defense of assumption of the risk.
Rylands v. Fletcher
Strict Liability - Ultra Hazardous Materials/Abnormally Dangerous
Rylands and Fletcher were neighbors. Rylands had a water reservoir on his property and Fletchers mine shafts were broken which caused water from the reservoir to enter. This caused Fletcher a heavy loss and he sued Rylands. Rylands is liable.
Lucy v. Zehmer
Contracts - Offer
Zehmir made an offer to sell his farm to Lucy. Zehmir claimed he was drunk during the contract but the was in fact not, he was of sound mind to make an offer/contract so he had to pay up.
Mckee v. Laurion
Defamation
Dr. Mckee treated Laurions’ father and afterwards Laurion posted negative comments and reviews about Dr. Mckee. The doctor sued but because the comments were all true it was not defamation.
Palsgraf v. Long Island Railroad
Negligence - Causation (unforeseeable)
A man catching a train dropped his box of fireworks and they exploded, causing injuries to the bystander Palsgraf. She sues but it was unforeseeable for the man who helped the man with the package on the train to know that the box contained fireworks.
Revel v. Guido
Fraud
Guido informed Revell that the septic system of the house was brand new. Revell bought the house and a week later the septic system broke.
Guido was convicted of fraud and damages were awarded to Revell.
Blake v. Giustibelli
Defamation
False statements were published by Blake to harm Giustibelli’s reputation. The court favored Giustibelli and awarded him $350k in damages.
Loft v. Guth
Fiduciary Duty of Loyalty
An officer high up in a company makes a new competing company. Since he can’t finance his new company he embezzled from his old company. He also stole their recipe and used it for his own benefit. All three elements were violated: commingling of funds, conflict of interest, and usurpation of corporation opportunity.
Coker v. Pershad
Independent Contractors
AAA member is subs out their work to a tow truck driver, the driver shows up angry and commits assault and batter towards the customer who called AAA. The costumer sues AAA but because the truck driver was not their employee they are not liable under independent contractors.
Joel v. Morison
Frolic and Detour - under respondent superior
A master hires a servant to sell goods for him in a specific area. When the area is overfilled with other vendors, the servant decides to move his cart further away from the area. He ends up crashing and injuring a a bystander. The bystander sues and the master is still liable for his servant under frolic and detour. The servant was still acting under the scope of employment when he took the detour.
Azur v. Chase Bank
Agency of Estoppel
Azur hired a secretary and at the initial hire he had her signed a paper saying she was allowed to write out checks on Azur’s behalf. Years later she is embezzling from Azur and using the money. When Azur finds out, he fires her and sues the company. Since the secretary was given the power to take out the money, and kept doing so, Azur is liable and not the company.
Krell v. Henry
Frustration of Purpose
A renter wanted to rent out an apartment from a landlord for the day to view the king’s coronation. Both parties were aware of the intent of the contract. When The king falls ill, the coronation is canceled and the renter no longer rents out the apartment. The landlord sues but the renters defense is frustration of purpose because they both knew the reasoning behind the contract.
Messerschmidt v. Mellender
4th Amendment: Unreasonable Search
search warrant issued by two police officers to search a house.
People of the home sued saying that the warrant is not valid and it was an unreasonable search, but the cops appealed because the search warrant was legal.
Miranda v. Arizona
5th Amendment: Right to Remain Silent and 6th Amendment: Right to an Attorney
Miranda says he was coerced into confessing to the crime of kidnapping/rape because he was not informed about his right to plead the fifth and his right to an attorny being present. This lead to the Miranda Rights where one must be informed of self-incrimintation and their right to an attorney being present when they are being arrested
Queen v. Dudley and Stephens
Necessity is NOT a Defense to Murder
Three men are lost at sea on a lifeboat with no food. Dudley and Stephens kill and eat the weaker man on the lifeboat in order to survive. They are found three days later and convicted of murder because necessity is a valid defense for murder.
