1. The New City council recently passed an ordinance revising the hiring criteria for public transportation workers. The criteria apply to those who operate and maintain public transportation equipment, but not to those on the City’s Public Transportation Board, which sets policy for the transit system. One criterion is that transportation employees be United States citizens. The council defended the citizenship requirement as serving the city’s interest inhaving workers of undivided
Mark Sheehan, a permanent resident of the United States, sued New City on the constitutionality of the new ordinance. What is the likely outcome?
2. A local entertainment section of a newspaper published a story on the town’s businessdistrict, accompanied by photos of various businesses in the district. A minister who happened to be walking on the sidewalk in front of an adult bookstore when a photo was taken for the story became very upset when he saw it in the newspaper, because the camera angle made it appear that he was exiting the
If the minister sues the newspaper, what is the best legal basis (cause of action) to win the case?
3. A 12-year-old boy went to the beach by himself. To his overwhelming excitement, he wentto the water with no warming-up exercise, and it left him with cardiac arrest right in the water. A man walking by the boy noticed that the boy was drowning. As much as the man wished to help out him out of the water, which he knew that he could have saved the boy’s life, he decided not to do so because he did not want to be late for his work. Later that day, the boy died, and his parents sue the man for wrongful death. What is the likely outcome?
4. Northeast Airlines, Inc., a Delaware corporation, was founded in the 1970s as a local carrier, specializing in short business flights between New England cities. It has since expanded dramatically across the country, absorbing other airlines, and now its most extensive businessis elsewhere. While the company’s executive offices remain in Boston, it has more employees, more flights, and owns more property in Texas than in any other state. John, who is a former employee of Northeast Airlines, Inc. and is a resident of Texas, has brought a law suit in a federal court in Texas against Northeast Airlines, Inc., under Federal Anti-Discrimination Act, seeking monetary damage of $100,000. Would the federal court in Texas have jurisdiction?
5. A soldier has just been discharged. His aunt, who lives on the other side of the country, suggests that he move to her area. “There are plenty of jobs for a dependable young man like you, and you could stay with me until you get on your feet,” she says. The solider thinks it over for a few days, and decides to move to his aunt’s state. He arrives at her house, and says he will be staying with her. The aunt tells him that she will be unable to put him
Has the aunt breached a contract with the solider? Why or why not?
6. Several years ago, two babies at a rural North Carolina hospital were switched at birth. The switch was discovered after a North Carolina couple learns that the five-year-old child they were raising was not their biological child. The child had gone in for surgery; and, in typing the parents’ blood for a transfusion, doctors determined that neither parent was the child’s biological parent. After an ensuing investigation, officials concluded that misidentification of the babies had occurred shortly after birth, when both arrived in the nursery at the same time. It was not determined whether the misidentification was inadvertent or intentional.
In the intermediate aftermath of the media report, Congress passed and the President signed the Infant Protection and Baby Switching Prevention Act. The Act provides as follows:
Section 1. Whoever knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both.
The Senate Report accompanying the Act contained the following statement:
The birth of a child is one of the most sacred and emotional events in a family’s life. The event is also fraught with financial consequences, as it changes parents’ spending habits, investment strategies, and even career plans. The financial, emotional, and other commitment that this time symbolizes deserves the highest protection the law can provide.
The Report also states that Congress enacted the Act under the Commerce Clause.
Susan was recently arrested and indicted for violating the Infant Protection and Baby Switching Prevention Act by altering an identification record of a newborn baby. She contends a defense that Congress exceeded its power under the Commerce Clause. Would she prevail?