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Blaw - Chapter 3 and 4

In: Business and Management

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Case 3.2 – Service of Process

Has Plaintiff properly served defendant Wal-Mart?

No the plaintiff did not properly serve the defendant Wal-Mart. The plaintiff served the statue of limitation 9 days before the 3 years was up. He also served it to the manager that was physically available, but South Dakota has a law that the president, officer, director, or registered agent of a defendant corporation. The plaintiff as well did not properly give the service of process to the right person.

Case 3.6 – Summary Judgment

Should the court grant Pathmark’s motion for summary judgment?

No I don’t think Pathmark established proper grounds for summary judgment. They are questioning the deposition of Toote, in the part where she stated she did not know how long the boxes were stacked there. How long the boxes being stacked is not the issue, it’s more an issue of negligence on Pathmark’s part because the boxes should not be laying around where people are walking. The court, due to not enough grounds of evidence, should not grant Pathmark requesting a summary judgment.

Case 4.1 – Supremacy Clause

Does the Massachusetts anti-Myanmar statue violate the Supremacy Clause of the U.S. Constitution?

Under the Supremacy Clause, this anti-Myanmar act does violate the U.S., because it is going against the “supreme law of the land.” When Massachusetts set forward this, it went against the federal statute, making the state preempted by the federal statute. The states of the US don’t have to right to regulate commerce, only the federal government does.

Case 4.2 – Establishment Clause

Does the display of the Ten Commandments in the countries’ courthouses violate the Establishment Clause?

No, the county courthouses displaying the Ten Commandments does not violate the Establishment Clause because they are not affiliated with Congress, and the Establishment Clause is directed only toward Congress and the federal government. As well, the Ten Commandments is part of history, not religion, therefor there is no grounds for this to be unethical.

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