Project 1 (Week 4)

This project requires you to identify and analyze legal issues and to make recommendations based on one or more fact patterns. The issues will relate to the concepts covered in weeks 1, 2, and 3 about the legal environment of business and business organizations 

Your assignment is to write a three to five page legal memo (paper) analyzing the two fact patterns below.  You are to discuss the parties and relevant issues in a thorough analysis.  These issues deal with tort and Constitutional law.  This is not an exercise in memory.  Lawyers refer to resources all of the time when they are researching their legal problem.  Use the e resources and weekly cases and case summaries to your advantage!

As always, I am not interested in your outcome (who will end up winning in court) as I am in how you use the law to support your conclusion.  Base your answer only on the facts given.   This Project focuses on the material assigned for Weeks One to Three only.

Please analyze and address the questions (Two parts, I and II) regarding the following case scenario:

Case Scenario: Foods, Inc., a large retail super market store that sells a variety of products, has had an eventful week.

Part I:

There have been heavy rains in the area all week. On Wednesday, a ceiling tile that had become wet from a leaking roof in Foods due to the heavy rain storms earlier in the week fell and hit some bags of peanuts causing the nuts to spill across the store aisle. Edie, a customer, entered the aisle, slipped on the peanuts and broke her leg and arm. The manager of Foods was unaware of the leaking roof and the wet ceiling tile and unaware that the peanuts had spilled onto the store floor.

Part II.

On Friday, a small group of political protestors carrying signs and quietly chanting were marching back and forth the full length of the public sidewalk in front of Foods. Foods encompasses the entire block by the public sidewalk with entry and exit doors located directly in the center of the store building, and with privately owned parking in the back of the store. Sometimes the protestors were at either of the two ends of the sidewalk in front of Foods, and thus, not directly in front of the entry/exit door doors to Foods. The protestors did not walk on or enter the private parking lot owned by Foods; the protestors did not stop and congregate in front of the store or its entry/exit doors at any time. The management of Foods believed that the protestors were impeding the ingress and egress of customers into Foods end therefore interfering with business. Foods called the police to have the protestors removed.

The police did not arrest the protestors but did require them to stop marching and move away from Foods.

Questions

Part I:

A. How likely is Edie to win a negligence case against Foods for her injuries resulting from slipping on the peanuts? Why?

B. Consider whether any, legal defense(s) could be raised by Foods. Are any legal defenses likely to be successful in negating liability for Foods? Why or why not? (Tip: Stick only to the facts in the case, do not assume any facts not given.)

 

Part II:

A. The protestors want to sue the City for violation of their constitutional rights. Specifically, what legal claim could the protestors sue for and why?

B. Could the protestors be convicted of trespassing against Foods? Why or why not?

 

Sample format:

 

Legal Memo

To: Professor McWeeney

From: (Insert name)

Re: Edie and Protesters v. Foods Inc.

 

Introduction:  Every legal memo starts with a description of the general purpose of the memo. 

Sample: “In this memo, I will discuss two legal issues.  In Part I, I will discuss the elements of the negligence in the incident that occurred when Edie slipped in Foods, Inc.  In Part II of this memo, I will also consider the Constitutional rights of the protesters and their possible liability for trespassing at Foods, Inc."

Sample Discussion and Analysis:

Part I:  Remember FIRAC????  That would be helpful here.

The elements of negligence are...

Part II:  The Constitutional rights of the protesters are...

Conclusion:

Conclude whether there is liability for negligence and for a violation of constitutional rights and tell me why in a reasoned analysis.

This project is due on Sunday, by midnight and is worth 20% of your grade.

SophiaPretty

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Status NEW Posted 07 Aug 2017 06:08 AM My Price 10.00

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