Clarice, a young woman with a mental disability, brought a malpractice suit against a doctor at the Medical Center. As a result, the Medical Center refused to treat her on a nonemergency basis. Clarice then went to another local clinic, which was later acquired by the Medical Center. Because the new clinic also refused to treat her, Clarice had to seek medical treatment in another town 40 miles away. Has the Medical Center violated the antitrust laws? Was it ethical to deny treatment to a patient
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Clarice, a young woman with a mental disability, brought a malpractice suit against a doctor at the Medical Center. As a result, the Medical Center refused to treat her on a nonemergency basis. Clarice then went to another local clinic, which was later acquired by the Medical Center. Because the new clinic also refused to treat her, Clarice had to seek medical treatment in another town 40 miles away. Has the Medical Center violated the antitrust laws? Was it ethical to deny treatment to a patient?
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- 1-5. THE DOCTRINE OF PRECEDENT. Sandra White operated a travel agency. To obtain lower airline fares for her nonmilitary clients, she booked military-rate travel by forwarding fake military identification cards to the airlines. The U.S. government charged White with identity theft, which requires the “use” of another’s identification. As background, the court in the White case had two cases that represented precedents. In the first case, David Miller obtained a loan to buy land by representing that certain investors had approved the loan when, in fact, they had not. Miller’s conviction for identity theft was overturned because he had merely said that the investors had done something when they had not. According to the court, this was not the “use” of another’s identification. In the second case, Kathy Medlock, an ambulance service operator, had transported patients for whom there was no medical necessity to do so. To obtain payment, Medlock had forged a physician’s signature. The court…Judy, a citizen of New Jersey, was crossing a street in Memphis, Tennessee when a car driven by Ms. Wall, a citizen of Texas, struck her. Ms. Wall's employer, an Oregon corporation that has it principal place of business in Jersey City, New Jersey, owned the car. Judy sues both Ms. Wall and the corporation in the federal district court in Tennessee. Judy's complaint alleges damages in the amount of $150,000. Does this court have jurisdiction? Why or why not?Girly will have the burden of "going forward," meaning that she has to establish the elements of her claim. If she meets the "prima facie claim," then the defendant MMLP will have the burden that the actions taken against Girly were for a legal reason. If MMLP can meet this burden, the burden then shifts back to Girly to prove that the reason MMLP gave is a pretext (or coverup) for discrimination. (See Chapter 21, p.454) 1. Sexual Discrimination: Does Girly have a via claim for intentional sexual discrimination, that is that she is being treated differently based on her gender? Reference specific facts from the case and apply them to the law to reach your final opinion. 2. Sexual Harassment: Does Girly have a viable claim of sexual harassment against MMLP based on "quid pro quo" sexual harassment OR hostile working environment. Both types are discussed in your text.
- A civilian working on a military base is arrested for stealing money from the military. What jurisdiction should be responsible for his prosecution?Post to “The California “Home Protection Bill of Rights” presumes that a person using deadly force on an intruder acted in reasonable fear of death or great bodily harm to himself or herself or a member of the household. Do you agree or disagree with such a presumption? Does the castle doctrine encourage gun ownership?”Henry is driving his car when suddenly the brakes fail. He is unable to stop and crashes into a motor cycle ridden by Susan who is not wearing an helmet. The motor cycle is damaged and Susan is severely injured. Using at least two decided cases, advice all parties of their legal positions in civil law. B. Distinguish between assault and battery. Use appropriate examples and case law to substantiate your answer.
- You own a small business in Baldwin County, Georgia. One of your employees got busted out at Lake Sinclair (county jurisdiction, NOT city) for a first drug violation, which is considered a misdemeanor. Though you do not condone being high the job, you want to be there to support him. (1) What court would he appear in for his arraignment in Baldwin County (identify the court and the name of the judge)?Eric, a resident of Georgia, sued Terrance, a resident of Texas, in the federal court in California. He sought $60,000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles, California. Does the federal court have jurisdiction? Why or why not?Renee protests in front of a law firm's office building because she is convinced that one of the firm's lawyers horribly mistreated her. Renee tells a potential client who is entering the firm. "don't waste your time"; and she also implores that this person "seek another lawyer because the associate lawyer who represented me was and is a jerk." The potential client walks in anyway, as do many other customers. The law firm sues Renee and asks the court to grant injunctive relief that is, to stop Renee from protesting in front of its office building. Is the claim likely to succeed? O No, because the statement does not defame the business or prevent customers from being able to visit the business. Yes, because there is no absolute right to protest against a privately-owned business. O Yes, because the potential client unable to secure legal advice due to the protests. O No, because Renee has a First Amendment right to say whatever she wants about the business. O Yes, because Renee's…
- Webster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent? PRISCILLA D. WEBSTER V. BLUE SHIP TEA ROOM, INC. SUPREME JUDICIAL COURT OF MASSACHUSETTS FACTS: Priscilla Webster, a restaurant patron who ordered seafood chowder and choked on a fishbone, brought this case. She maintained that she would not have reasonably expected to find a bone in the chowder. As a result of the bone in the chowder, Webster suffered through several hospital procedures to remove the bone, at considerable cost and pain. At the trial, a jury found for Webster. The Blue Ship Tea Room, the defendant, appealed the case on the basis of the legal interpretation of the implied warranty of merchantability. The appellate decision has become a classic in American jurisprudential reasoning. REASONING: The court, in great detail, discussed the rich culinary history of New England seafood chowders. In going through the details of exactly how good chowder is…Alden had her car radiator repaired by Smokey Garage for $125. She was not happy with the results and decided to sue the garage owner to get her money back. In what court would her case most likely be heard? Why?Rose is recovering from recent abdominal surgery and is suffering from intense pain. She has an MRI, which shows surgical gauze left in her abdomen. Rose may sue under O O O O a. strict liability. b. res ipsa loquitur. c. product liability. d. an intentional tort.