1)A passenger ran after a train as it was leaving a station. Two railroad employees boosted the passenger aboard, but as they did so a package carried by the passenger fell beneath the wheels of the train and exploded. The package, unbeknownst to the employees, contained fireworks. The force of that explosion caused a scale many feet away to topple over, injuring the plaintiff, Palsgraf. Palsgraf sued the railroad on negligence grounds.

Write a paragraph defending the railroad using sound legal principles.

 

2) You work for a heavy equipment company. Sam Scumm was hired a few months. Only one of his past five employers was contacted for references and that one merely confirmed position and salary. Sam works for a few months, with many reports of serious safety violations and erratic behavior towards other employees.  At one point he became so angry at another employee that he threw a glass bottle at him, just missing his head.  He quits just before he would have been fired for his prior conduct and causing an incident in which a co-worker was injured. Today, you receive a reference request for Sam from another heavy equipment company.

How do you respond? Write a paragraph justifying your position using sound legal principles.  Make sure you consider the risk of a defamation suit.

Write a paragraph justify your decision from an ethical standpoint.

 

3)John, a Chineses - American, applies for an available server position in an authentic Mexican restaurant and is rejected. He suspects it is because of his national origin. What might the Mexican restaurant say in defense of a national origin discrimination complaint made by John? Will this defense be successful? Explain.

 

4)

Use the following to answer the next two questions:

Martha owned a home and adjoining vacant lot in a subdivision located in Columbus, Ohio. Bill owned a home next to the vacant lot and wanted to obtain the lot so he could build a garage. Martha and Bill entered into a verbal agreement whereby Martha agreed to sell the lot to Bill for $15,000. Bill paid the $15,000 to Martha and she accepted the money. Bill started to build a garage on the lot but Martha had second thoughts. She returned the $15,000 to Bill and claimed there was no binding contract because there was no written agreement. Bill sues Martha.

What is Bill's best legal argument?  Explain your answer completely.

 

5) What is Martha's best legal argument? Explain your answer completely.