Explain the term ‘strict liability tort’, providing an illustrative example. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts).
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- Explain the main functions and powers of the Australian Competition and Consumer Commission (ACCC). (Describe legal concepts and scope of consumer law).The State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statue. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on: 1. The Equal Protection clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these…John Brown Ales Pty Ltd sells bottled beer to select licensed premises. Mary is out with friends and consumes a bottle of John Brown’s Old-Fashioned Ale. When she gets to the bottom of the bottle, she realises that there are the remains of an insect in the bottle. Mary suffered shock and became very ill with gastroenteritis. Mary missed two days of work and needed medical attention. Can John Brown be brought to account for Mary’s costs and suffering?
- Ellen, a citizen of California, was seriously injured in an automobile accident while driving in California. She was injured due to the negligence of Sara, a citizen of Arizona, who ran a red light at an intersection. Ellen is seeking 1.5 million in damages. 1. Where may Ellen bring her suit? 2. Discuss the process Ellen would have to follow in order to fully litigate her claim. 3. If Sara is granted summary judgment at the trial court level, what may Ellen do next? Explain her options.Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?In what has been subsequently known as the 'narrow rule', the House of Lords found that a duty of care exist even if the defendant was not present. Accordingly, manufacturers of goods must take reasonable steps to ensure that their products do not cause injury to those that subsequently come into contact with them. Lord Atkin went on to propose a general maxim of law known as the 'neighbour principle' which would apply generally and preclude the claimant needing to bring the facts of their case within those of a previous case. REQUIRED: Concisely sets out what the claimant has to prove in order to succeed in an action in Negligence. 2. Comment on the situation where the chain of event is broken by an intervening cause.
- Explain the main functions and powers of the Australian Competition and Consumer Commission (ACCC). (Describe legal concepts and scope of consumer law).Assume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.The Case of Baylor University Patty Crawford, the Title IX coordinator at Baylor from November 2014 to October 2016, was hired to coordinate the institution’s Title IX compliance when this case took place (Baylor University, n.d.). Like all Title IX coordinators, Crawford’s role was a comprehensive administrative role that bears the responsibility of ensuring that campuses prevent and respond to gender discrimination, including sexual misconduct. This role spans duties related to grievance process management, victim assistance, organization management, and climate management (Lake, 2017). In addition to managing the institution’s compliance, Title IX coordinators also craft comprehensive training and awareness strategies to ensure students, employees, and other campus stakeholders are aware of how to identify and report sexual misconduct and what resources are available to students regardless of whether they choose to proceed with the grievance process. Crawford alleged that she was…
- Give an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.describing the commencement of either a civil or criminal proceeding and indicate how the case might ultimately be resolved of the Federal court system or within the NYS Court systemExplain the difference between common law and statutory law.