Business Law Questionnaire

Short Answer IName
You should label your answers and note any assumptions if you believe there are missing or
ambiguous facts.
1. Yuna, suffered a personal injury while operating her tractor at home in California. She
filed a negligence suit in federal court against the manufacturer, Jack Doe Tractor, Inc. Jack
Doe Tractor is incorporated in Delaware with its principal place of business in Illinois. Yuna
also sued the seller, Cali Equipment Inc, which is incorporated in California with its principal
place of business in California. Yuna and Cali Equipment informally agreed to settle out of
court, but the agreement was subject to approval by Cali Equipment’s insurer. Before a final
agreement was reached regarding settlement with Cali Equipment, Jack Doe filed a motion in
federal court for dismissal for lack of subject matter jurisdiction.
1a. Should the court grant the motion for dismissal based on lack of subject matter jurisdiction?
(25 points)
1b. If Cali settles with Yuna, and Yuna dismisses the case against Cali before the court decides
on the motion. Should the court grant the motion for dismissal based on lack of subject matter
jurisdition? (10 points)
2. Sam was illegally growing marijuana in his home using heat lamps. The police randomly
selected his street to search for illegal activity. Without any kind of a warrant, they used a
thermal imager, an instrument that detects heat emissions, and determined that given the
amount of emissions coming from Sam’s house, he must be engaged in criminal marijuana
cultivation. The police immediately broke down Sam’s door, searched his home, and arrested
him. The police officer in charge told Sam that he had no right to stay silent and that he
might as well confess. Sam proceeded to confess to growing marijuana and a number of other
crimes. The judge was so angry with Sam that he threw him in jail for two months without
any kind of hearing. Sam’s court-appointed lawyer, who just graduated from law school, is
not sure if the police acted legally in Sam’s case by using the thermal imager. Sam’s lawyer
also questions whether Sam had a right to remain silent, and he is concerned that the judge
has not granted Sam a hearing.
2a. Identify any issues involving the actions of the police and judge. How should these issues
be addressed by Sam’s lawyer and how should they be resolved by a court? (25 points)
2b. What if Sam did not own the home that he was living in, and in fact, the home had been
abandoned before Sam broke in and established his growing operation? In what way, if any,
does this change your answer to 2a? (10 points)
3. Rosalba, a resident of New Mexico, claims that Pet Food Company Inc., sold dog food that
made her dog, Champ, sick. Champ is a prize-winning poodle. He survived the pet food fiasco
only after traveling to a veterinarian in Florida specializing in poodles and only because he had
two very expensive surgeries. Additionally, his ability to sire has been impaired, and Rosalba
will earn no more breeding fees from Champ. Her alleged damages are $100,000. Pet Food
Company Inc., is incorporated in Delaware, with its principal place of business in New
Mexico.
3a. Rosalba would like to bring the lawsuit in Federal Court in Florida, where her veterinarian
is located, so it will be easy for the vet to testify at the trial. What would you tell her and why?
(20 points)
3b. Rosalba would like to obtain additional evidence regarding the knowledge of Pet Food
Company about any contaminants in the dog food, including whether the company was aware of
any contamination and whether any other customers have contacted and/or sued Pet Food
Company. How can Rosalba get this information? (10 points)