What issues must the court decide in this case? John Hitman was fired when he was caught carrying a gun into work. He was hospitalized following the incident and was diagnosed with a mental disorder. His attorney informed the company of his mental status and asked that they delay any decision about his employment status. The company fired John for his clear violation of company rules.

Describe the duty of fair representation.

Bill is a technician at a university chemistry lab and is in charge of safety inspections and prevention of injury due to faulty equipment. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve. Bill gets distracted and fails to put an “OUT OF ORDER/DO NOT USE” sign on the faulty burner. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill’s negligence is based on: nonfeasance. misfeasance. negligence per se. res ipsa loquitur. A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff. True False Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store’s management may hold her as long as it takes to get her to confess. True False he highest and most comprehensive duty owed by a landowner to a person on the owner’s property is owed to: an invitee. a licensee. an…

Identify 5 different acts that take place in The Firm (book or film) that are both torts and crimes. Fully explain the tort and crime (including the elements of each) and apply it to the act in the film by way of explanation. In addition, explain how the wrongdoers were brought to justice at the end of the film.

Carole Smith, an Apostolic Christian, worked as sales associate at Nickels Department Store. One afternoon, during a break, Smith participated in a conversation about God, homosexuality, and same-sex marriages. The next day, an employee told the manager that Smith made inappropriate comments about gays to Casey, a Nickels employee who was gay. Over the next five weeks, Nickels investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In his statement, Casey reported that Smith pointed her finger and said that God does not accept gays, that gays should not be allowed to marry or have children, and that they will burn in hell. Three employees confirmed Smith’s statements. Nickels terminated Smith's employment after concluding she had engaged in serious harassment in violation of its Discrimination and Harassment Prevention Policy. This policy, of which Smith was aware, prohibits employees from engaging in conduct that…

Agents and employees of Deco Arts Corporation and Echo Imitations Inc. are convicted of conspiring to violate a federal law that is punishable by a term of imprisonment and a fine. Can the corporations be held liable for these crimes? If so, how can they be punished?

Mr Grump is a former employee of Fashion retail store. He was recently dismissed on grounds of committing misconduct in the workplace. Mr Grump, being very resentful over his dismissal, decided to exact revenge. He contacted his best friend Mr Y who has knowledge on hacking. Mr Grump with the help of Mr Y hacked into the Fashion online financial systems and erased important digital data. Determine whether the Fashion retail store can institute legal action, and if so, on what grounds. Make reference to relevant case law and legislation in your answer.

Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?

Johnson, president of the First National Bank of A, believes that it is appropriate to employ only female tellers. Hence, First National refuses to employ Ken Baker as a teller but does offer him a maintenance position at the same salary. Baker brings a cause of action against First National Bank. Is First National illegally discriminating based on gender? Why?

5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)