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Unit 2

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1. After viewing the tutorials on finding a case in Westlaw, please locate the following legal sources. Give the proper bluebook citation for the source and also one paragraph summary of its contents.

a. Case: 39 U.S. 503 (the case came out in 1969) Tinker v. Des 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 of the vehicle to the left will have to yield the right-of-way to the vehicle on the right. Any vehicle that wants to turn left in an intersection or into an alley, private road, or driveway shall yield to any vehicle approaching from the opposite direction at the intersection or close to it.
2. Please provide a working link to state legal resources from your state. Most states put all their laws on their state webpage a.Iowa state constitution: https://www.legis.iowa.gov/.../constitution b.Iowa state statutes: www.legallawhelp.com/state_law/iowa/ c.Iowa state administrative regulations: https://www.legis.iowa.gov/.../administrative d.Iowa state court opinions: www.iowacourts.gov/Supreme_Court/Opinions/

3. Samantha Smith came into your office. She was shopping at a local grocery store a few months ago and had an accident. While she was in the aisle with shower items she slipped and fell on some shampoo that had leaked out of one of the bottles. Samantha had to be taken to the hospital. She was diagnosed with a broken hip and had to spend the night in the hospital. She will also have to go through many months of physical therapy. Samantha has no healthcare insurance and is a young single mother to a 2 year old son. The store says that they were not aware of the spill of the shampoo. The store said that an employee checks the aisles for anything on the floors at the top of the hour. The day Samantha fell, the employee in charge of the aisle inspection was an older gentleman with glasses. The shampoo on the floor was a clear gel. She fell about 1:30 p.m. The store log says an inspection was last done at 12:45 p.m. The accident happened in a store in Indiana. Please provide the following information:

1. How would you conduct a search for this problem? I would start by looking up negligence claims in the state of Indiana. This brought me to Findlaw.com. It gives a general description of what the definition of negligence in the state of Indiana is. It refers to a situation where one person owes duty to another and fails in that duty; therefore, becoming liable for any resulting injuries.
2. Conduct a search on Westlaw. Provide one source that your search yielded.

The source that I found is Schulz v. Kroger 936 N.E.2d 1141 (Ind. Ct. App.) This case is similar to Samantha’s case because the customer slipped and fell on clear liquid and the store and its employees were unaware of the spill and the hazardous condition.

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