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Legal Environment
Chapter 5,6,8 (Cases)
| Reason | Case |
|---|---|
| Administrative Procedure Act | Edible hemp made illegal, and banned. Taken to California Court of Appeals and ruled that the DEA failed to give advance notice and didn't go through procedures, so the court threw it out. Congress also said hemp edibles are not marijuana. |
| Administrative Procedure Act | Foul language cannot be broadcasted on National television. FCC fined FOX, and FOX took it to the Supreme Court. They ruled the FCC did not give fair warning. FCC gave no notice of rule. Thrown out because it violated Due Process. |
| Enforcement of Search Warrants | Inspector randomly showed up for inspection. Barlow kicked inspector off of property. Supreme Court ruled search warrants have to have probable cause, but a Neutral Enforcement plan suffices. |
| Judicial Deference to Agency Decisions | Held courts should defer to agency interpretations of law. Congress has to be silent, then uphold the agency regulation if: -The agency followed the ARA -Regulation is reasonable interpretation. |
| Judicial Deference to Agency Decisions | Treasury thinks student doctors should pay FICA taxes because they work 40+ hours a week. Followed Chevron case, congress was silent. Supreme Court ruled regulation is reasonable because they are considered full time employees. |
| Punitive Decision | Ford Pinto's were exploding in accidents due to gas tank part problem. Instead of doing a recall, they decided to compensate for damages caused. Jury saw Ford as guilty. |
| Punitive Damage | Lady sued Tobacco Company because she got lung cancer from smoking. Died before case happened, so the daughter got millions of dollars. One lucky person gets Windfall, but everyone else gets nothing. |
| False Imprisonment | Manager is yelling at employee in office, and the employee tried to leave but the manager blocked off the door. Employee sued for false imprisonment. Employee won the case. |
| Defamation of a Publication Requirement | One businessman sends lie to another businessman but said that no one else saw it. Other businessman saw initials on letter, was of the typist that wrote it. Therefore able to sue due to a 3rd party seeing the lie. |
| Defamation of a Public Figure | Dan Wrather hated George Bush. On National News he spoke about forged documents about Bush. He exposed National Defamation of a public figure on CBS News. He was later fired for Actual Malice. |
| Defamation | Found a bomb in Atlanta and was ruled a hero. Later they were unable to find bomber so they said that Tom placed the bomb to become a hero. Ruined his life. They later found the actual bomber. Tom sued, but lost because it wasn't actual malice. |
| Invasion of the Right to Privacy due to Appropriation | Someone used Tiger Wood's picture to sell golf clubs and said they were good enough for Tiger, to get more people to purchase the golf clubs. But Tiger was never contacted for permission. |
| Invasion of the Right to Privacy due to Public Disclosure of Private Facts | Graduate student went to get something for professor out of file cabinet but opened wrong drawer and found diapers. Student told everyone on campus, that the professor wears diapers. Professor sues. |
| Fraudulent Misrepresentation due to Elements | Buyer goes to buy Harley, and is worried about stopping distance. Salesman lies to buyer about stopping distance to get the sell. Buyer is driving bike, begins to stop at told distance but crashes into truck. Buyer sues salesman. |
| Wrongful Interference with Contractual Relationship | Opera singer agrees to come to Little theatre. Big Theatre finds out and tells opera singer to breach contract and come there because they'll make more money. Little Theatre can sue. |
| Fanciful Strong Mark | "Esso" was a company, and there came a problem because in Germany that word meant something bad. So they changed the name to "Exxon" because there is no word in any language that that means anything. |
| Suggestive Strong Mark | At Dairy Queen, you would expect to find dairy products such as ice cream. Other examples of this are Burger King and Taco Bell. |
Created by:
mjgraham237
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