1) Roger was negligently injured by Diane. Roger is preparing to file a lawsuit against Diane in state court for $25,000 in damages as compensation for the private wrong that Diane committed against him. a. Is Roger legally entitled to bring his lawsuit in any court that he chooses? b. Which court has the power to hear and decide this lawsuit for the first time? c. Will roger bring his lawsuit in a civil or a criminal court? 2. Assume Congress passed the following laws: (1) a law making it a crime to sell 3D chemical; and (2) a law making it a crime to say profane words in public. Kim, a chemical dealer, sold 3D chemical to a rancher in State X and, on several occasions, she said profane words in public. Kim was prosecuted for violating both laws. She argues that it had the power to enact these laws because the regulated activities are interstate commerce. Based on your reading of the chapters, did the federal government have the power to enact, either or both of these laws? 3. Dian is injured in an accident while driving an off-road vehicle made by Eagle Recreation, Inc., an outof-state state corporation. Dian files a suit against Eagle, alleging negligence, and mails a summons and a copy of the complaint to the firm by certified mail, return receipt requested. The envelope is addressed in part to “Fred, President, Eagle Recreation, Inc.” The receipt is returned with the signature of “Glenda” whom a U.S. Postal employee later testifies usually receives mail on the company’s behalf. Eagle does not respond to the suit. In a default judgment, Dian is awarded damages of $500,000. Later, Fred claims that he was not notified of the suit and asks the court to set aside the judgment. What is the issue in this set of facts? What rule applies? What should be the result on the application of the rule? Why?
 

Law Questions

1. The case of Roger vs. Diane comprises a negligent act committed to Roger. Diane is the defendant, while Roger is the plaintiff. Diane committed a private wrong against Roger, which comprises a law of tort referred to as negligence. Negligence means committing an act that a normal human being: a reasonable person, would not do. In addition, negligence contains three elements; duty of care, breach of a legal duty of care, and damage to the plaintiff. The acts of Diane to Roger are encompassed under the duty of care where Diane ought to act with reasonable care to Roger. For sufficiency, negligence should have the following characteristics; reasonably foreseeable, sufficient proximity, and fair to impose liability on the defendant.

The burden of proof lies upon the plaintiff where he should prove beyond any reasonable doubt that harm brought to him was acted negligently by the plaintiff. Therefore, a breach of duty of care. Moreover, the res ipsa loquitor (facts speaking for themselves) can be used in illustrating the burden of proof. In opposition, since the size of information given is not equitable to illustrate that the burden fell upon the defendant or motivated him, the defendant can use some defenses, such as voluntary risk assumptions.  The defense states that the plaintiff knowingly entered into the risk. When there is full evidence, damages can be proven to the plaintiff by the defendant, amounting to $25000. The lawsuit can be first heard in a district court; a district court deals with almost all federal cases, either criminal or civil (Federal Bar Association, 2019). Roger will bring his case in a civil court since it is a tort that entails a wrong committed by an individual to another individual.

2. Congress passed two laws; namely, it is a crime to sell 3D chemicals, and it is a crime to say profane words in public. The argument that the regulated activities are interstate is not valid. The commerce clause regulates commerce among different states (The Editors of Encyclopaedia Britannica, 2020). It also entails activities such as buying and selling goods and services across boundaries. 

The second law does not conform to the interstate commerce regulation. Profaning in public is cursing or swearing done in public. The federal government thus had the power to enact one of the laws. However, that law would be enacted if the environmental protection agency (EPA) found beyond any reasonable doubt that the chemicals are a health hazard. Its primary goal is to ensure that human health and the environment are protected. It is thus actualized by coming up with policies that protect it.

3. In Dian vs. Fred case, Dian is the plaintiff while Fred is the defendant.  The case involves an injury done to Dian while driving the Eagles manufactured car. Dian sends a certified mail to the company stating the complaint and asking for a return receipt. Glenda signed on behalf of the company and claimed by the U.S Postal employee, and default damages awarded Dian of $500,000.  Fred asked the court to set the judgment aside since he was notified of the suit and thus did not present himself before the court.

Fred did not present himself before the court though Glenda had purported to act on behalf of the principal by signing and issuing the return receipt. Therefore, the law of agency is deemed an act done by the principal though not notified. It is complex to understand the connection between Glenda and Fred since Glenda might have acted ultra vires in the duties an agent ought to conduct even though it seems to be his duty. Therefore, the damages ought to be given to Dian for the injury she received.

OUTLINE

Title: Law questions

1. The case of Roger vs. Diane

1. Negligence and Roger stand
2. The court type and type of lawsuit

2. The congress interstate commerce case

1. Interstate commerce definition
2. Power of the government to enact

3. The Dian vs. Fred case

1. The issue and rule applied
2. The result of rule application.