Gm520 Mid Term Essay

2279 words - 10 pages

1. Question : TCO B. After the 2010 fall election, the Democratic National Committee (DNC) decides to take matters into its own hands. During the lame duck session, they pass a new "Elections Are Free Act" that requires single people who make more than $75,000/year or married couples who make more than $150,000/year to provide a copy of their tax return to their local county officials before being allowed to register to vote. The return must prove that they have paid at least 15% of their total income in taxes or they are not allowed to register to vote. List two bases under which someone impacted by this law could argue to have the law overturned.


Instructor Explanation: Students ...view middle of the document...

v. Sleekcraft Boats, 599 F.2d 341, 348–9 (9th Cir. 1979).

Points Received: 15 of 15
Comments:

3. Question : (TCO C) One summer, David Baxter and his wife, Melissa, were on their new boat with another couple, tubing on the Mississippi river. David and the other couple had been drinking all day, "about seven or eight beers each and some Crown Royal," although Melissa wasn't drinking due to being pregnant. As he prepared to jump into the water to tube, David's feet slipped out from under him, and he fell into the water, hitting the back of his head and neck on the ladder, knocking him out cold. He slipped under the water and drowned. The other members of the party didn't notice his absence until a passing barge pilot got their attention. He had seen the entire thing through his binoculars; he had been watching Melissa and her friend Angela (who were in bathing suits). Despite an immediate search and rescue attempt by the coast guard, David was not saved. Melissa alleged that the surface of the boat floor where David was standing and preparing to jump into the water was unreasonably slippery. In fact, at issue in the case was the manufacturing process used in coating the flooring. Melissa (and her attorney) felt that a nonslip surface should have been placed on the floor of the boat. The safety manual that came with the boat included these clauses:

"CAUTION: Wet surfaces can be slippery. Passengers should wear adequate deck shoes while boarding and underway to avoid accidental slipping and injury."

"CAUTION: Deck areas and swim platform are slippery when wet. Passengers must be careful when passing through companionway to prevent accidental slipping or tripping. Passengers should wear adequate deck shoes at all times to prevent accidental slipping. Passengers must stay off swim platform while underway to prevent falling overboard."

No warnings existed, however, in view of the passengers on the boat.


(25 points) What potential legal theories of recovery can and should Melissa allege against the following parties (provide support for your answer)?

I. The boat manufacturer
II. The boat seller
III. The coast guard

(15 points) What legal theories of defense can and should each of the above three parties use? Provide support for your answer.


Instructor Explanation: Students should identify at least one legal theory for all three parties identified. Applicable theories would be strict liability and negligence. The defenses to strict liability and negligence would be used by the three parties. The appellate court, in this case, granted summary judgment against the boat manufacturer, claiming failure to warn and sent it back to the trial court for a trial on the merits. Attached is a .pdf of the decision.
A link to a discussion of the real case: Link to an article about the real case (you have to scroll to the bottom of the page).

Points Received: 30 of 40
Comments:

4. Question : TCO D: Barney...

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