answer questions below 89

Answer the 3 questions below and reply to each student.

Student Reply must be over 250 words.

Make sure all student replies you start it with Hello (Student Name),

Please upload each question in different word documents.

******Question 2 must be APA format and i have attached the GRADING RUBRIC and Guide. *************

Make sure for question 1 we use a scholarly source since it must be attached to the post.

Question 1:

Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions:

  • If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.
  • In which state or states can the suit be brought?
  • Assume that Javier incurred $100,000 in damages.
    • Analyze whether the suit can be brought in federal court
    • Explain the advantages and disadvantages of federal versus state court for this type of suit.

Guided Response: Analyze and respond to at least two of your classmates’ postings by Day 7. Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.

Question 2:

In Chapter 1 of the text you read about the Bailey v. Eminem defamation case where the court held Eminem’s lyrics were protected by the First Amendment. Read the article and view the video (the links are listed under Week 1 Additional Learning Resources Required and Week 1 Multimedia Required) to the Pahler v. Slayer case. Respond to the following questions:

  • Did the Pahler court use the same reasoning as used in Bailey v. Eminem?
  • Should the court’s decision in Pahler be different because a young girl was murdered?
  • Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.

Guided Response: Review several of your classmates’ postings. Do you agree with their analysis? Discuss with at least two of your classmates’ the ethical issues raised in this case and if you think the courts’ decisions in both Bailey and Pahler were correct. Respond to at least two of your classmates’ posts by Day 7.

Student Reply 3: Dylan Peterson

Did the Pahler court use the same reasoning as used in Bailey v. Eminem?

The Pahler court did not use the same reasoning that was used in the Bailey v. Eminem case. The reasoning in the Bailey v. Eminem was based solely on first amendment rights, the freedom of speech. Whereas the Pahler case tried to focus more on the marketing aspect. The reason they went this route versus attacking the lyrics is that they knew they would not win the battle against freedom of speech. Therefore, they decided to attack the fact that Slayer was marketing towards teens even though they had a parental advisory label on their record.

Should the court’s decision in Pahler be different because a young girl was murdered?

I do not believe that the court’s decision in the Pahler case should be different because there was a young girl murdered. There are several reasons for this viewpoint. The most important reason is that would open the floodgates of every murder charge to be linked to some song, book, or movie. No matter how horrific those acts were, you cannot hold the artist responsible for that. Especially if they put a voluntary parental advisory sticker on their album to warn parents of obscene content.

Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.

Crime and tort often get confused an interchanged. However, a crime is a wrongdoing that hampers society, often intentionally, and is settled in the Criminal Court. Whereas a tort is a wrongdoing that hampers an individual or their property, often due to negligence, and is settled in the Civil Court. Based on these two cases, artists should not be held liable for the actions of their fans. The only time that a party could be held liable for others actions is if they directly tell someone to carry out an act. An artist simply talking about an act, whether it is in a song, book, or movie, cannot and should not be held liable for anyone that interprets that source of media and carries out a crime or tort.

Dylan Peterson

Student Reply 4: David Velez

I believe that the court in the Pahler case used the same reasoning as that was used in the Bailey v. Eminem case. While the act of murder is not the same as having your image tarnished I do not think that the decision should have been different. The difference between a crime and a tort is based on the type of offense it is. A crime is usually a wrong doing that falls under state or federal laws and diminishes society as a whole. A tort is a wrong doing that interferes with another person or their property and is known as a civil offense. In the Bailey v. Eminem case, I would classify it as a tort (slander) where the Slayer case was a crime (murder).

As stated by Scott Harrington, the attorney for Slayer, “There’s not a legal position that could be taken that would make the band responsible. Where do you draw the line? You might as well start looking through the library at every book on the shelf” (ABC News, 2014). If we look all around us there is violence, murder and adultery in everything from movies, operas, literature and even the bible. As individuals we are responsible for our own actions and we are protected under the First Amendment on what we produce even though that has limitations such as projecting as fact something that is false (Rogers, 2012, Section 1.1). If all artists where to be responsible for the actions of their fans then it would cripple the artistic communities expressionism. It would be different if someone called for specific violence against a group or individual say at a concert and the fans left and acted on it. Should we hold politicians and other public figures to the same standard? Many people have committed violent acts against a group of people over something that that a politician or other public figure has said.

Resources:

Rogers, S. (2012). Essentials of Business Law [Electronic version]. Retrieved from https://content.ashford.edu/

Slayer lawsuit thrown out. (2014, January 24). ABC News. Retrieved from http://abcnews.go.com/Entertainment/story?id=11037…

Question 3:

Describe an example of a contract that you or someone you know entered into (e.g., rental agreement, cell phone agreement, property purchase or lease [e.g., car, home, furniture, etc.], home or car repair, or student loan agreement). In your description, be sure to provide specific contractual details including parties and subject matter involved. You must also address the following:

  • Define the five essential elements of an enforceable contract, and demonstrate how each element relates to your example.
  • Explain the circumstances of a breach of contract in your example, and discuss possible remedies.

The paper must be three to four pages in length (excluding title and reference pages) and formatted according to APA style as outlined in the Ashford Writing Center. You must use at least two scholarly sources other than the textbook to support your claims. Cite your sources in-text and on the reference page. For information regarding APA samples and tutorials, visit the Ashford Writing Center (Links to an external site.).

 
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Also posted onJanuary 1, 1970 @ 12:00 am