Case Study:
Question 1. Applying the Law to a Set of Facts
Read the Hypothetical Case Problem #1 answer 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.
Question 2. Tort or Crime
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 of the Pahler v. Slayer case. Answer 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.