Subject: General Questions    / General General Questions    

Question

Learning Activity 1

This learning activity focuses on jurisdiction and ADR.

Scenario: Rubin owns and operates a florist business, Flower World, Inc., (Flower) from a shop in his Ohio hometown. Flower advertises and sells in Ohio from the shop, and advertises and sells over the Internet. Using Flower’s website and her credit card, on April 5, Louise purchased $5,000 worth of live wedding flowers from her home in Dallas, Texas. She requested the flowers to be shipped to a hotel in Indiana, the site of the wedding, on April 15. The flowers arrived on April 14, the day before the wedding, but Louise claimed they were withered and unusable. Louise sued Flower in a Texas court to recover her $5,000. Rubin, on behalf of Flower, hired outside counsel in Texas. The lawyers filed a motion to dismiss claiming the Texas court has no jurisdiction.

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A. Analyze and explain/justify your rationale: which court has jurisdiction to hear the case, and why? For example, think about: may Louise bring the case in federal or state court? Can she choose either one? In what state(s), may Louise file her case?

B. What is the legal basis for the court's jurisdiction over Flower (i.e., what type of jurisdiction exists over Flower)? Be sure to include a discussion of long-arm statutes and minimum contacts.

C. Would you advise Rubin to use ADR or go to court to resolve this dispute? Why or why not? If you advise ADR, which type of ADR would you recommend and why? Can two parties agree that ADR is binding?

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Learning Activity 2

This learning activity focuses on constitutional authority to regulate business and constitutional law concepts.

Scenario: City enacted a city zoning ordinance that barred outdoor advertising display signs – including billboards – on all public roads within the city limits. Billboards on-site on any public or private business location are exempt from this ordinance, and thus, permissible. City claimed the ordinance was necessary to promote public traffic safety and aesthetics.

Max, Inc., a company in the business of leasing commercial billboards to advertisers, and the primary billboard provider in City, sued City alleging the zoning ordinance is unconstitutional.

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Please cite specific sections of the U.S. Constitution and make fact and policy-based arguments in both A and B.

A. If you were the jury in this case, how would you rule on the constitutionality of the ordinance and why?

B. If you were an attorney advising City, what would you advise them to claim is the most logical legal basis/constitutional authority for City to enact the ordinance and why?