BUSINESS LAW BLAW 3201
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This 4 page Class Notes was uploaded by Mrs. Jodie Bernier on Tuesday October 13, 2015. The Class Notes belongs to BLAW 3201 at Louisiana State University taught by Paul Breaux in Fall. Since its upload, it has received 38 views. For similar materials see /class/222652/blaw-3201-louisiana-state-university in Business Law at Louisiana State University.
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Date Created: 10/13/15
CASE FACT S ISSUE Ryan V Frisenhahn Appellants 17yr old daughter killed leaving alcohol to minor liable Is social host who serves DECISION REASONS In favor of appellant Ryans Friesens were aware minors had alc on their prop a tort case appellee s party drunk in negligence for harm summary judgement Allowed her to get drunk Ryan Sued for wrongful sufferd by minor reversed negligence per se bc she is death negligence and remanded to trial court protected by ABC code gross negligence social host liability cant know amt of consumption control conduct does not apply to minor World wide VW V Respondents bought car Consistent w due SC reversed decision in petitioners have no contacts Woodson in NY hit from behind process 14 may court tiesrelations w OK SC bc ofjurisdiction issues in OK and were severely burned productliab action for defective design in OK OK SC held that personal jurisdiction over petitionaers was authorized by OK long arm statute exercise in personam jurisdiction in different states favor of the petitioner VW due process clause those wout the aboveistate cannot make a binding judgement key phrase minimal contact w OK Parker V 20th Century Fox contract suit Actress plaintiff sues and wins bc of Fox s breech of contract Fox appeals judgment granting to plaintiff for agreed compensation in written contract On a motion for summary judgement Whether facts have been presented which give rise to a triable factual issue in favor of actress no trial judgment affirmed bc of motion for summary judgment clear that trial court correctly ruled that plaintiff s failure to accept other movie could not be used for mitigation of damages inferior employment defendants opposition not relevant for new trial Brentwood V Tennesee Secondary School Athletic Assoc Assoc board found that Brentwood violated rule by writing letter to incoming freshmen Brentwood sued in Fed court claiming that enforcement of rule was state action and violated 151 and 14Lh J whether a statewide assoc that regulates HS athletic competition may be regarded as engaging in state action when it enforces a rule against a member school judgment ofthe court of appeals is reversed case is remanded for further proceedings there is state action being taken so Brentwood is entitled to due process Brown V Board of Education of Topeka landmark case blacks seek admission to public schools states made separate but equal doctrines test case to challenge the Separate but equal doctrine US SC struck down doctrine separate facilities were inherently unequal deprived of equal protection laws guaranteed by l4Lh People V Farell White collar crime defendant charged wtheft of 100000 trade secret lossgt25mil and amt pleaded no contest and objected due to penal code trial court sent to jail code applies to all theft appeals court said it did not ap ly whether Penal Code which requires the imposition of a minimum county jail sentence as a condition of probation upon conviction of certain theft offenses applies to theft of property other than moneyiincluding trade secrets State V Kelm bad checks jury trial found defendant guilty of issuing bad check defendant appeals contending that the issuance of a postdated check cannot be found to be a violation of the criminal statute and proof of an intent is required for conviction judgment ofthe court of appeals is reversed legislature intended the provison of the penal code to apply to all thefts of property of a particular value it is not limited to thefts of cashcashequivalents whether an intent to defraud the victim is an element of issuing a bad check we agree w State court defendant s reliance on intent to defraud is irrelevant defendant s contention that the statutes reference to a postdated check exempts such checks from its operation is not merited Byers V Edmonson Edmonson and Darrus shot Byers during armed robbery and left her paraplegic Sued for damages 2quotd suit against Timer Warner affiliates bc of Natural Born Killers whether Byers has a cause of action against the Warner defendants for the shooting under LA tort law in that they were negligent and committed an intentional tort trial court threw case out b4 it got to jury appellate court remanded back to jury court wrule that jury can only find Warner liable if it can be proven that they intended by making this movie to get people to commit crimes the mere foreseeability or knowledge that the publication might be misused for a criminal purpose is not sufficient for liab Byer s cause of action is not barred by the 1st cited case The Hitman Book was found liable McClure V Ashcroft DEA investigated State Palace Theatreraves and brought charges against BBQ of NC for is the provision for concert not to allow attendees to carry these legal items into the court finds that defendant has violated plaintiffs lst amendment rights govt cannot ban inherently legal objects that are used in expressive communication bc a few people use the same legal consipiracy to violate Crack House Statutes plea agreement not to allow certain legal items at concerts plaintiffs McClureothers claim lst amendment violations antendee 45 rights relief of enforcement of plea agreement 11 concert a violation of 1st amendment rights DA Ashcroft no longer allowed to enforce the provision items to enhance the effects of an illegal substance no conclusive evidence that eliminating the banned items has reduced the amount of ecstasy State of LA V Britt justifiable homicide Britt was indicted by EBRP grand jury for the 2quotd degree murder of Brad Cavell Defendant pleaded NGwaived his right to a jury After a bench trial he was convicted of manslaughter sentenced to 7rs 3 appeal reasonsstate failed to prove all of the elements of the crime beyond a reasonable doubt2court erred in denying defendant39s motion for a new trial3 The sentence is excessiveinappropriate and the trial judge failed to comply with the mandatory sentencing criteria convictionsentence are affirmed use ofa mechanical device set to automatically discharge does not mean installer is not responsible for the death or destruction it causes under the guise of justifiable homicide State of LA V Church probable cause Church charged with driving without a license and rst offense DWI at a checkpoint in Sheveport whether the roadblock violated Church s ri ts guaranteed by the 4 amendment of the US const and article 1 of Louisiana Constitution of 1974 trial court granted motion to suppress evidence obtained at roadblock court of appeal judgement reversed motion to suppress filed by Victor Church is granted may meet federal constitutional standards as viewed by the present US SC the seizure occurred without reasonable suspicion or probable cause to believe that defendant had violated some law therefore unconstitutional under Louisiana Constitution State of LA V Stowe unlawful arrest Stowe charged of 2quotd degree battery by bill of information guilty by trial jury Stowe appealed Court lwhether there was sufficient evidence to support a conviction for 2quot degree battery 2 whether the trial court No lawful arrest was made Right to be Left Alone The right to refuse medical attention The right to resist an unlawful arrest of appeal affirmed granted certiorari to consider the correctness erred in denying intro of certain medical records of defendant into evidence and 3 whether defendant received ineffective assistance of counsel 4th amendment of US const and art 1 of LA const Devers V Southern University m 4 amend unreasonable searchseizure student was arrested following discovery of weed in his dorm by a warrentless sweep is the regulation set by the university constitutional trial court ruled regulation was prima facie unconstitutional in that it violated the 4 amend Rights basic purpose of 4m to safeguard the privacy and security of individuals against arbitrary invasion by government officials regulation allows search wno purpose unauthorized searches State V Jackson Jackson arrested for traffic offenses and weed at insurance checkpoint was the checkpoint constitutionally acceptable court of appeal judgment vacated and remanded to trial court checkpoints are a valid law enforcement tool when conducted pursuant to neutral for further hearing guidelines that limit the granted motion to discretion of the officer in the suppress field State of LA V Desoto hunting accident criminal negligence CONVICTION no testimony to contradict the thought guy was a dear beyond a reasonable REVERSED Defendant39s statements that he doubt SENTENCE believed he shot at a deer or trial jury for negligent VACATED what he thought was a deer homicide plea NG JUDGMENT OF Based on those comments there found G ACQUITTAL is no evidence of criminal ENTERED negligence appealed 4 reasons
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