Problem Analysis of a case

Problem Analysis Two. Please read the entire document set out here. The problem follows these guidelines and requirements.

This is a legal analysis. Be sure to demonstrate good consideration of the textbook (concepts/page numbers are essential since that will evidence close reading. You will need to demonstrate a good appreciation of the relevant law—the problem offers some specific guidance—as well as the adversarial system. In that system, a good lawyer must not only present arguments in favor of particular ‘versions’ of the facts but also arguments in favor of a particular interpretation or application or pronouncement of the relevant law. The law also should have a purpose that goes beyond the immediate parties; the law should provide a guideline for justice for the society. A duty to keep business premises reasonably safe for customers is an example of such a purpose. But the extent of that duty is arguable—how much must a businessperson do? A Is there an applicable statute? Is the law provided by the common law? Is there a precedent? Does it apply? In addition, a good lawyer tries to anticipate the arguments the other side will make and address them.

In addition, be sure to include consideration that in the Tarasoff andSoldano cases (find discussion of them in the book) the courts did not follow precedent. Consider whether one or both cases might assist the client (or might not). Consider why the courts did not follow precedent in those cases: why that was (or was not) justifiable–views can differ. Your client might benefit from precedent; then again your client might not benefit from adherence to precedent. (And of course at some point you represent each client since you must argue both sides. In other words, you might be able to make use of Tarasoff or Soldano or both as you present your arguments for the family or perhaps for the hiker. You decide which client would benefit from following precedent, which one would benefit from the court departing from precedent).By the way, is there another very relevant case in the book in addition to Soldano? Yes. Find it.

  1. Remember page numbers, concepts, from the text book should appear. Typed or handwritten, due at the beginning of your class in hard copy.

THE PROBLEM: This occurs in State X.

Happy’s Bar and Grill Restaurant is located next to an empty lot. The lot is one acre.

During the past year, there have been many trespassers on the lot. Happy’s has noticed them and noticed as well that sometimes fights break out on the lot among these trespassers, who might be dealing drugs. Happy’s has called the police each time, but by the time the police arrive, no one is present.

The police have told Happy’s owners that the owner of the lot died five years ago and his heirs (family) want to develop the lot or sell it. But for the past four years, they have been in litigation with the federal government, which has declared the lot a protected wetland under the federal statute, the Environmental Protection Act. The federal government is prohibiting any development of the land.That is why it is empty.

There is absolutely no evidence the trespassers are customers or employees of Happy’s Bar and Grill.

The lot borders on Happy’s parking area. So six months ago, Happy’s installed five more standard parking lot lights in its parking area, which already had five standard lights. Happy’s parking area is well lit. Happy’s could have installed different lights known as Broad Beam lights. The Broad Beam would have cast bright light onto the empty lot but these lights would have cost twice as much as standard lights. The Broad Beam lights would have lit up the lot next to the restaurant.

Two months after Happy’s installed the additional lights in its parking area, a fight broke out in the empty lot. Customers could not hear the noise, but Happy’s employees, taking out the trash, heard and saw the fight and also heard someone in the lot calling out, “call the police!” The employees were busy and did not call the police but thought it could have been a woman’s voice.

Book we use is The Beatty and Samuelson, Business Law and the Legal Environment, Standard Edition, Sixth Edition. chapters that can be used are 1,2,3,4.

 
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