Case Scenario: Rubin owns and operates a florist business, Flower World, Inc., (Flower) from a shop in his Ohio hometown. Flowers advertises and sells in Ohio from the shop, and advertises and sells over the internet. Using Flower’s website and her credit card, on April 5, Louise purchased $5,000 worth of live wedding flowers from her home in Dallas, Texas. She requested the flowers to be shipped to a hotel in Indiana, the site of the wedding, on April 15. The flowers arrived on April 14, the day before the wedding, but Louise claimed they were withered and unusable.
Louise sued Flowers in a Texas court to recover her $5,000. Ross, on behalf of Flowers, filed a motion to dismiss claiming the Texas court has no jurisdiction.
A. Analyze and explain/justify your rationale: which court has jurisdiction to hear the case, and why?
B. What is the legal basis for the court’s jurisdiction over Flowers (i.e., what type of jurisdiction exists over Flowers)?
C. Would you advise Ross to use ADR or go to court to resolve this dispute? Why or why not? If you advise ADR, which type of ADR would you recommend and why?
Comprehensively, specifically justify/support and explain your rationale for your conclusions. Use in text citations and a list of References.
This learning activity focuses on constitutional authority to regulate business and constitutional law concepts.
Case Scenario: City enacted a city zoning ordinance that barred outdoor advertising display signs – including billboards – on all public roads within the city limits. Billboards on-site on any public or private business location are exempt from this ordinance, and thus, permissible. City claimed the ordinance was necessary to promote public traffic safety and aesthetics. Max, Inc., a company in the business of leasing commercial billboards to advertisers, and the primary billboard provider in City, sued City alleging the zoning ordinance is unconstitutional.
A. If you were the jury in this case, how would you rule on the constitutionality of the ordinance and why?
B. If you were an attorney advising City, what would you advise them to claim is the most logical legal basis/constitutional authority for City to enact the ordinance and why?