Legal Research Paper
LEGAL PROBLEM ASSIGNMENT INSTRUCTIONS

Using the information you have learned in this class you will write a paper between 2 and 3 pages answering the five questions from one of the scenarios below. Your paper will be double-spaced with 12 point font and ½” – 1” margins. It should be written in paragraph format — not bullet format. Papers must be stapled and include a title sheet. The front of the title sheet will have the class title and scenario number. The back of the title sheet will have, typed, your names in alphabetical order according to your last name, and a statement that says, “This is my original work.”

Scenario #1

– Watch the following video: https://www.youtube.com/watch?v=ikXP1NT_eZA

Your friend, the driver of the vehicle, is charged with and convicted of distracted driving – a misdemeanor. Distracted driving is defined as “Being in operation of any car, van, truck, motorcycle or tracked vehicle while using any mobile device, eating, applying makeup, using a navigational system, reading, or being otherwise preoccupied with a tangible object.

Your friend is obviously upset. He’s just gotten out of court and is expected to report to jail for 3 days next week. He’s upset not just for the jail time he’s going to receive, but also for the $3000 fine and the fact that up to this point he’s never gotten in trouble with the law before. He’s considering appealing his conviction but he doesn’t know how to go about doing it or even if he should. Knowing you have not only passed Griff’s BLAW class, a Herculean task in itself, but gotten an A, he thought you might be able to give him some advice. He asks you to come over, plys you full of beer and pizza and asks you some questions:

1 – What is going to happen if I appeal? 2 – How can they put me in jail for 3 days? My other buddy was actually texting while driving and only got a $100 fine. Sure, I was distracted, but I wasn’t holding a phone. 3 – What do I do if I lose my appeal? 4 – The cops didn’t even read me my rights. They just arrested me. Don’t they have to drop the charges? 5 – Do you think I should even try to appeal?

Scenario #2

– Watch the following video: https://www.youtube.com/watch?v=CXpxBe6Amhk

It’s your daughter’s 10th birthday next week and you want to give her the best birthday ever. But it’s been a tough couple of months. Your car recently broke down and the cost to fix it really cut into those birthday funds so you start looking around for cheaper alternatives for birthday party options. You find a group of guys that call themselves “Epic Meal Time Co.” and give them a call.

You tell them that you that there’s going to be a big party with 10 of your daughter’s best friends and

you need some pizza, baby goats for petting, and some games. You are handed a contract to provide all of this for $250. Before you sign it you notice it doesn’t mention the baby goats. However, the company’s agent says, “Don’t worry, I forgot to put it in writing, but I promise that the goats will be there. Our goat guy has never let us down in 5 years of doing this.” Satisfied, you sign the contract. A week later the people show up. There are no goats. The “pizza” is the monstrosity in the video. When your daughter sees this, she has a meltdown and one of the caterers laugh at her tears. You refuse to pay, immediately fire them, and hire another catering company that shows up with goats and normal pizza. Since it’s short notice they want $500 plus another $100 if you want the goats. You give them the $600. You’re considering suing the company for breach of contract, but they tell you that they’ll countersue for breach of contract for not paying them. You sit down, grab a pen, paper, and a Pepsi, and brainstorm as to what to do. 1 – If you sue for breach of contract, what are the steps you’d have to take? 2 – Do you think your lawsuit would be successful if you claim they didn’t bring pizza? Why? How much can you sue for? 3 – Can you sue for them not supplying the goats? Why? 4 – Can you sue for intentional infliction of emotional distress when the guy laughed at your daughter’s tears? 5 – Do you decide to sue or not? Why? Scenario #3 Watch the following video: https://www.youtube.com/watch?v=d-uR_TytIVI After the accident, you take your motorcycle to the dealer. It’ll take $3000 to fix. You go in and get checked out at the hospital where you are put into a cast for a broken foot and given pain meds that keep you home from work for a week. Neither of you have insurance, and your hospital bills are an additional $4000. You take your bills to your mom and tell her that she really should pay them for you. However, she tells you that while she is sorry it happened she isn’t going to pay them because she’s been telling you for years that riding motorcycles are dangerous and those are just the risks you take when you ride. According to her, you’ve learned a valuable lesson and are lucky to have gotten away with just a broken foot since you weren’t wearing motorcycle boots. You ask your mom if she was on her phone when she hit you. She says, “No, I wasn’t texting anyone. I have it connected to my radio and was trying to change a song on it.” You don’t know what to do. You sit down, grab a pen, paper, and a Pepsi, and brainstorm as to what to do. 1 – Can you sue your mom? How would you even go about doing that? What is the process? 2 – What would you sue her for? How would a court decide whether or not she was liable? 3 – Does it matter that you weren’t wearing proper motorcycle boots? Why or why not? 4 – Do you think a lawsuit would be successful? 5 – Do you decide to sue your mother? Why or why not?

Scenario #4 Watch the following video: https://www.youtube.com/watch?v=veMiNQifZcM&feature=share It was a good birthday. Your best friend’s kid, little Stevie was turning 10 and you wanted to get him a really cool present. You heard of this company called Mainway Toys, and you thought it’d be worth taking a look. You buy the kid Johnny Switchblade and Bag O’ Glass. Your friend’s kid hurts himself with the toys and now your buddy is threatening to sue you. 1 – Can you be sued for negligence for buying these toys? 2 – Is there a valid product liability lawsuit? 3 – Was there a failure to warn on the Bag O’ Glass? 4 – How might someone defend themselves from a product liability lawsuit? 5 – How might you defend yourself from a negligence lawsuit?