...CRIMINAL LAW FOR CRIMINAL JUSTICE 03/01/2012 A dram shop is a drinking establishment where liquors are sold to be drunk on the premises. Dram shop Acts are laws created by state legislatures to make bars and strictly liable for injuries stemming from the sale of alcoholic beverages. Dram shop actions are actions for personal injuries and/or property damage arising out of the unlawful furnishing of alcohol by a retail liquor licensee. However, vicarious liability is the liability which falls on one person as a result of an action of another. In modern dram shop lawsuits, dispensing alcohol to minors poses the greatest risk of liability because many courts permit recovery even though the minor was not intoxicated at the time of the purchase or had previously obtained alcohol from another source. Additionally, proving that the alcohol vendor should have known that a patron was underage is a simple matter in light of strict alcoholic beverage control rules that require servers first check identification to confirm the patron’s birth date and Serving alcoholic beverages to a person who is already intoxicated is also a profound liability hazard in many states even though ,it is difficult to develop bright line characteristics that identify the intoxicated patron who should not be further served. I believe alcohol plays a role in many different types of incidents involving personal injuries or death; a dram shop action may be included with other types of causes of action...
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...and would be driving soon, he or she will be deemed to have knowledge of that fact and will be exposed to liability. Plaintiff’s made an injury claim for the injuries caused by Defendant, a minor driving under the influence of alcohol and also against H & H, who sold the same, under the provisions of the Dram Shop Act. The Court found that to be liable under the Act, the provider of alcohol does not have to have the actual knowledge that the buyer is a minor who will be driving soon. However the shop fails to excises reasonable care knowledge. While driving under the influence of the alcohol, Defendant who was minor involved in a collision with the plaintiff. The Court of Georgia, in Terry Dale Riley v. H & H OPERATONS, INC., 263 Ga. 652, 436 S.E.2d 659 (Ga. 1993) that if one in exercise of reasonable care should have known that the recipient of alcohol was minor and would be driving soon, he or she will be deemed to have knowledge of that fact and will be exposed to liability. The Riley made an injury claim for the injuries caused by Gary McQuithy, a minor driving under the influence of alcohol and also against H & H, who sold the same, under the provisions of the Dram Shop Act. The Court held that, under the Act, the provider of alcohol must have actual knowledge that the buyer is a minor who will be driving soon. The court also in the facts and circumstances that the minor purchased the beer from the defendant, having consumed three and one-half can of beer before midnight...
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...Courtroom Observation An Assignment Submitted by Sara Cotleur Liberty University Online Class Business 301-D04, Section 201320, Spring 2013 Deborah White vs. John Daniels and O’Malley’s Tavern Introduction The case in question is case number 82A04-8876-CV-285, between Deborah White as the plaintiff and John Daniels and O'Malley's Tavern as defendants before a mock U.S. District Court, in the Northern District of Indiana. The plaintiff’s attorneys are Amanda Babbit and Jackson Walsh while those of the defendants are Benjamin Walton and Jordan Van Meter. Mr. and Mrs. White went to O'Malley's Tavern on the Saturday, July 28, 2007, a tavern in Gary, Indiana. Edward Hard, a former fiancé of Mrs. White was also patronizing the same tavern and on seeing the two, he approached them to convey his congratulations on their recent marriage and then went back to his seat and resumed his drinks. The first defendant, Mr. Daniels, was the only licensed bartender working at O'Malley's Tavern. Mrs. White and Mr. Daniels confirmed Mr. Hard consumed four to six shots in about twenty-eight minutes after the arrival of the Whites. Thus Mr. Daniels had constructive knowledge of Mr. Hard’s intoxication. On consuming his last alcoholic drink he tried to leave and in the process tripped on a cue stick as he stood up but picked himself up. Mr. Daniel did not notice this stumbling incident and thus was not aware of the intoxication level of Mr. Hard and could not be said to have...
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...The 2008 2L Moot Court Tournament at the Liberty University School of Law The 2008 2L Moot Court Tournament at the Liberty University School of Law presented a case in which it went before the United States District Court for the Northern District of Indiana. The case number is 82A04-8876-CV-285 Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern. The purpose of the courtroom procedure is to argue the motion of summary judgment concerning the case of Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern. Deborah White is the plaintiff. Amanda Babbitt and Jack Walsh are moot court attorneys represent Mrs. White. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern are the defendants. Two other moot court attorneys Benjamin Walton and Jordan Van Meter represent the defendants. There are certain requirements that a plaintiff must meet to recover damages. “The State of Indiana states: the defendant must have actual knowledge that the person to whom the alcoholic beverages was furnished was visibly intoxicated at the time the alcoholic beverage was furnished and the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury or damage alleged in the complaint” (Gumprecht). The courtrooms process is intended to challenge the State of Indiana law concerning material fact. The courtroom also wants to argue the defendant’s...
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...Courtroom Observation Case White v. Gibbs John Simpson Louisiana Tech Abstract This paper observes the court case of White v. Gibbs in which Debbie White is suing Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act (National Conference of State Legislatures, 2014). Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendants. A summary judgment would allow for them to avoid going to trial only if the Judge sees fit to deem that there are no disputes to the material facts of this case (West Encyclopedia of American Law, 2008). The attorneys representing Mrs. White are Amanda Babbitt and Jackson Walsh. The attorneys for the defendants are Benjamin Walton and Jordan Van Meter. Courtroom Observation Case White v. Gibbs The lawsuit arose from an incident where Mrs. White and her husband Bruno were having dinner at O’Malley’s Tavern. On that night there was another patron at the bar, Edward Hard, who was also Mrs. White’s ex-fiancé. During the court case we find out that Mr. Hard had shown a lot of animosity toward the White’s due to Mr. Hard and Mrs. White’s previous relationship. There was also a former altercation between Mr. White and Mr. Hard, and even though this had been resolved, Mr. Hard still showed this animosity. On this night, Mr. Hard had a bill from O’Malley’s Tavern in which he was charged for purchasing 13 alcoholic drinks. According to the...
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...Constitutional Law questions: 1.In the Mount Soledad case discussed on page 105 of the text, why did the 9th circuit determine that the cross violated the establishment clause. (because it endorses christian religion, because it stands next to the veteran memorial and not all veterans were christian.) ((The circuit determined that the cross "physically dominated" the site where veterans of all religions were to be remembered; that the cross, with its dominating physical appearance, could possibly take away the due respect and attention for veterans of non-Christian religions.) 2.Page 110 of your text has a section on marriage equality and the Constitution. This section explains why marriage equality can become a business related issue. Explain why, using one of the examples in this article. ` (a business should acts neutral about this case. they should not side with either gay nor anti-gay marriage. it could lead to discrimination. they should threat their employee equally too whether they are gay or straight) ((Business organizations should retain a neutral standpoint on the issue of same-sex marriage. Taking sides on same-sex marriage issue can bring damage to business operations, as evident in the Barilla advertisement policy case. The pasta producer faced heavy criticism from the consumers for showing the organization's negative attitude toward same-sex relationships and marriages.)) Administrative Law questions: United States Department of Energy (DOE) questions...
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...in the Northern District of Indiana. Deborah White is the plaintiff and Patrick Gibbs and O'Malley's Tavern are the defendants. Deborah White's attorney's are Amanda Babbit and Jackson Walsh. Benjamin Walton and Jordan Van Meter are the defense attorney's. “The State of Indiana requires that a plaintiff meet the following elements in order to recover damages: the defendant must have actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished, and the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint” (Gumprecht, 1). This case is to dispute the law in regards to material fact against the State of Indiana and to also contend the defendant's action for summary grasp. However, the plaintiff decides to carry-on to a trial. On a Saturday evening, July 28, 2007, in Gary, Indiana Mr. Bruno and Mrs. Deborah White entered O'Malley's Tavern. A gentleman by the name of Edward Hard, who was Mrs. White's ex-fiancé, was also there. Mr. Hard approached the White's after they entered the bar to felicitate his best on their recent marriage. He then went back to his seat and continued drinking. Mrs. White and the bartender, John Daniels, affirmed that Mr. Hard had then consumed four to six shots within a twenty-eight minute time period. Mr. Daniels was the only licensed bartender working at...
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...shows oral argument in the case of White v. Gibbs in which Mrs. Debbie White has sued Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. Because the parties reside in two different states, the suit was brought in diversity in the United States District Court for the Northern District of Indiana, but will be decided under Indiana state law. The defendants have made a motion for summary judgment, seeking judgment as a matter of law in their favor. Mrs. White has responded that summary judgment should not be granted, and that the case should go to trial. Because the argument is being heard on the defendants’ motion, the defendants’ counsel argues first. The lawsuit arose from an incident when Mrs. White and her husband, Bruno, were having dinner at O’Malley’s Tavern. Mr. Edward Hard, another patron at the tavern that evening and a former paramour of Mrs. White, had a large amount to drink. When Mrs. White and her husband left the tavern, Mr. Hard stumbled out behind them, got in his van, chased the Whites’ car out of the parking lot, and, within approximately half a mile, drove into the side of the Whites’ car, killing Mr. White and injuring Mrs. White. You will hear additional facts as they are argued on the various points of law. Under Indiana law, in order for Mrs. White to recover damages from the defendants, she must prove: - The tavern (through Mr. Gibbs, the bartender) had actual knowledge that Mr...
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...shows oral argument in the case of White v. Gibbs in which Mrs. Debbie White has sued Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. Because the parties reside in two different states, the suit was brought in diversity in the United States District Court for the Northern District of Indiana, but will be decided under Indiana state law. The defendants have made a motion for summary judgment, seeking judgment as a matter of law in their favor. Mrs. White has responded that summary judgment should not be granted, and that the case should go to trial. Because the argument is being heard on the defendants’ motion, the defendants’ counsel argues first. The lawsuit arose from an incident when Mrs. White and her husband, Bruno, were having dinner at O’Malley’s Tavern. Mr. Edward Hard, another patron at the tavern that evening and a former paramour of Mrs. White, had a large amount to drink. When Mrs. White and her husband left the tavern, Mr. Hard stumbled out behind them, got in his van, chased the Whites’ car out of the parking lot, and, within approximately half a mile, drove into the side of the Whites’ car, killing Mr. White and injuring Mrs. White. You will hear additional facts as they are argued on the various points of law. Under Indiana law, in order for Mrs. White to recover damages from the defendants, she must prove: - The tavern (through Mr. Gibbs, the bartender) had actual knowledge that Mr...
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...Linsey Daley Business Law BUSI 301 In the case of Mrs. White and the O’Malley Tavern I would say that of course Mr. Hard is at fault for drinking and driving, but I also feel that O’Malley’s Tavern is also at fault for over serving a customer to the point of excessive intoxication. The facts of the case were very clear cut and obvious to me. The bartender at O’Malley’s Tavern served Mr. Hard six beverages within the last half hour he was at the bar. On the tab Mr. Hard paid it showed that he ordered 13 drinks and that 11 of them were consumed by Mr. Hard. His blood alcohol content was at a .20, which is two times the legal limit of .08. Being in the medical field and also being a Command Drug and Alcohol Program Advisor for the Navy I know that at a .20 there is no way you are of sound mind to do anything. Usually a person with this Blood alcohol content are confused, they need help completing tasks (standing, walking, using the bathroom), they are between 50-100 times more likely to get into an accident, and they are very close to being incoherent. At 7:43pm Mr. Hard left the bar, according to the bartender, appearing to be of sound mind and judgment. He was picked up by the police at 7:55pm slurring, disheveled and with no recollection of what had happened. Clearly this man had way too much to drink and should have never been served this much in such a short period of time. According to the Dram Shop Act Indiana Code 7.1-5-10-15.5 “Sec. 15. (a) It is unlawful...
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...Management Summary Samsung wants to introduce a new line of mp4 players. This plan is a detailed analysis on how Samsung can best introduce this product in The Netherlands as well as in Germany. First there is internal analysis of Samsung than external analysis will follow, which will focus on the Netherlands and Germany. Samsung wants to introduce this product in an already very competitive market, the MID market (Mobile internet device). One of the main competitors of Samsung, Apple, is already active in this market and Samsung wants to know how they will be able to compete. Samsung has always been a very innovative and technical company. Right now their technical and innovative strengths are there main competitive advantage. Samsung has a global product structure, with its main focus on their different product lines. Samsung has a geocentric predisposition, with subsidiaries all over the world. Table of Contents Preface 2 Management Summary 3 Internal analysis 7 Organizational Structure 7 Innovations 8 Technical superiority 10 New product possibilities and opportunities 10 Patents 11 Technologies 11 Finance 11 Quality of top and middle management 12 Company culture 12 Strategic goals/Strategies 12 Company values of Samsung 13 Core values 13 Business principles of Samsung 13 Entrepreneurship 13 Planning 14 Management of workforce 14 Personnel 14 Attitude and Motivation 14 Marketing 14 Product quality 14 Width/...
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...Moines Independent Community School District. 393 U.S. 503, 506 (1969). John and Mary Beth Tinker and their friend Christopher Echardt decided to protest the Vietnam War. They decided to wear black armbands to school during the Christmas season. The principal heard about this and feared there would be a disturbance so the armbands were banned. If the students refused to remove them, they would be suspended until the protest ended, which was New Years. They were suspended for wearing the armbands. b. Case: 655 S.E.2d 232 Capp v. Carlito’s Mexican Bar and Grill No. 1, 655 S.E.2d 232 (2007) A trial court erred in granting summary judgment to a restaurant in a suit brought by a guardian of an injured child pursuant to Georgia’s Dram Shop Act. O.C.G.A. ? 51-1-40, as an issue of fact existed whether or not the restaurant’s server knowingly served alcohol to the child’s mother while she was in noticeable intoxication state. c. Statute: 29 U.S.C. §621 Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §621 The purpose of this chapter is to promote employment of older persons based on their ability rather than by their age. It is also to prohibit any age discrimination in employment and to help employers and workers find ways to meet problems that arise from the impact of age of employment. d. Statute: Minn. Stat. §169.20. Right-of way M.S.A. § 169.20 When approaching an uncontrolled intersection from different highways at about the same time, the driver...
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...Part 1 – Fact Situation: Identification of Issues 1. a. Did QPI violate Section 10(b) of the Securities Exchange Act of 1934 by engaging in transactions with DOA to boost their financial reports? Was Nouv’s behavior unethical when he tried to bribe Betty into completing the draft and deal in a way that made the transactions look legitimate? b. Is the cooperation between QPI and DOA on pricing (price fixing) and segmenting product sales to customers (market division/Refusal to deal) a horizontal agreement in violation of Antitrust laws? If so, were their actions a per se violation of Section 1 of the Sherman Act? c. Did Nouv’s behavior lack integrity? If so, was his veiled threat and coercion of Betty to remain silent unethical? d. --- Individuals listed below: i. Would the firing of Billy Aged based on his age be disparate treatment and illegal discrimination in violation of the Age Discrimination in Employment Act of 1967? ii. Is firing Cindy Octane due to her future change in marital status be a disparate treatment violation of Title VII of the Civil Rights Act of 1964? iii. Is Tommy Grey 40 years of age or older, and if so, would his firing due to seniority be in violation of the Age Discrimination in Employment Act of 1967? iv. Would firing Belinda Black be an act of disparate treatment and discrimination based on her color in violation of Title VII of the Civil Rights Act of 1964? e. Was Nouv’s unwelcomed sexual advance, innuendo and quid pro quo offer...
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...Chapter One: The Legal Environment 1. Business activities and the legal environment 2. Sources of American law 1) Primary sources of law * Constitutional law (The U.S. Constitution, state constitutions) * Statutory law ( federal statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis * Two aspects * Controlling precedents (binding authorities) * Departures * Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable remedies) * Plaintiffs, defendant * Action at law, action in equity * Merging * Equitable principles and maxims 3) Schools of legal though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative...
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...day was civil service reform and star route frauds. President Garfield sought to run a vigorous foreign policy. Reform minded Americans admired Garfield’s efforts to root out corruption. The president was unwilling to let the Republican Party bosses control patronage, a source of great power. Some of the republican bosses were less pleased with him. His religion was Disciples of Christ. (James Abram Garfield par.1). Charles Julius Guiteau was a 5’5”, 120 pound man. (McKinley pg.43). Charles Guiteau was born in Freeport Illinois. He dabbled in law, Newspaper work and preaching. Before killing President Garfield. (John Boman par.1). The assassination of President Garfield happened on July 2, 1881. The idea of killing a president for Guiteau was a gesture to save the republicans. On May 23 Guiteau wrote to Garfield “Mr. Blaine is a wicked man, and you ought to demand his immediate resignation”. June 6, He entered John O’Meara’s gun shop to examine the five shot, .44 caliber British bulldog with a white bone handle. On June 8, He borrowed $15.00 from a cousin, he bought the bulldog, cartridges and oddly, a woman’s penknife. (McKinley pg.46-47). June 12, Guiteau, like other American assins stalked his victim. June 16, Guiteau composed an “Address to the American people” (McKinley pg.47.). The address read. “Washington June 16, 1881, to the American people: I conceived the idea of removing the president four weeks ago. Not a soul knew of my purpose. I conceived the idea myself and...
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