Reference no: EM133726518

Problem: Store Negligently Caused Woman's Death

I. A woman fell ill in a store. A store employee put the woman in an infirmary but provided no medical care for six hours. The woman died. The woman's family sued the store for wrongful death. Complete an IRAC argument saying that the store was liable. Then complete an IRAC argument saying that the store was not liable.

II. The signals on a railroad crossing were defective. Although the railroad company was notified of the problem a month earlier, the railroad inspector failed to come by and repair them. Seeing the all-clear signal, a car drove up and stalled on the tracks as a train rounded the bend. For the past two weeks the car had been stalling, and the driver kept putting off taking the car to the shop for a tune-up. As the train rounded the bend, the engineer was distracted by a conductor and did not see the car until it was too late to stop. (i) Complete an IRAC argument that the train company was negligent. (ii) Then complete an IRAC argument that the engineer was negligent. (iii) Then complete an IRAC argument that the car's driver was negligent. Then (iv) complete an IRAC argument that the inspector was negligent. (v) Consider and determine who must bear the liability for the damage to the car and to the train?

III. The Equal Employment Opportunity Commission sought data about the racial composition of Terrific Textiles' labor force. Terrific refused on the grounds that inadvertent disclosure of the numbers might cause "certain elements" to picket its factories. The EEOC took Terrific to court to get the data. Complete one IRAC argument for either the EEOC or Terrific.

IV. In order to police the profession, the state legislature passed a law granting the State Plumbers' Association the power to hold hearings to determine whether a particular plumber violated the plumbing code of ethics (which was written by the association). Sam, a plumber, objected to the convening of a hearing when he was accused by Roger, a fellow plumber, of acting unethically by soliciting business from Roger's customers. Sam went to court, seeking to enjoin the association's disciplinary committee from holding the hearing. Complete an IRAC argument on behalf of the Plumbers' Association. (i) Complete an IRAC argument on behalf of Sam. (ii) Who do you think would be successful? Why?

V. Assume that the new president of the United States was elected overwhelmingly by pledging in the campaign to "do away with bureaucrats who interfere in your lives." The day s/he took the oath of office s/he determined to carry out the pledge. (i) What justification would the President have to fire all incumbent commissioners of federal agencies in order to install new appointees? (ii) What justification would the President have to demand that all pending regulations being considered by federal agencies be submitted to the White House for review and redrafting, if necessary? (iii) Could the President require that s/he interview potential nominees for agency positions to determine whether their regulatory philosophy is consistent with his/hers.