question archive 1) Roger was negligently injured by Diane

1) Roger was negligently injured by Diane

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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?
 

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