Read the Scenarios below and applying the relevant case law and legislation advise your clients.
The advice should include all possible charges and possible defences based on the law (case law and legislation). It should also include a thorough discussion of the legal reasoning

The relevant cases that apply to both scenarios are a very recent Appeal Court case and a Supreme Court case

a) A motorcyclist, impatient with the line of waiting traffic in front of temporary lights at some roadworks, weaved his way to the front of the queue of traffic but he rode over the centre line of the road into the oncoming lane. Mr Johnson, a man without any previous convictions, was driving his car at a speed of 25mph when suddenly he saw the motorcyclist but it was too late to take any evasive action and there was a collision. The cyclist broke his leg and was taken to hospital. He was operated on but he later died.

On investigation there was no evidence that Mr Johnson had driven recklessly but it was found that Mr Johnson had allowed his insurance to lapse and, at the time of the accident, was uninsured.

b) Miss Duffy, a recent immigrant to the UK from America, was driving at the proper speed at dusk when a man drunkenly swerved into her path – quite suddenly. He wore dark clothing and was not easy to see. In the collision he died immediately.

On investigation it was found that the pedestrian had considerable amounts of drugs and alcohol in his system. Miss Duffy, while she was possessed of a full driving licence in her own country and was insured in England, her licence in England was provisional and her insurance policy did not cover her when she drove unaccompanied. There was no evidence that she had driven recklessly.


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(1a.) Using the sample diagram on page 21 (Exhibit 2.1), diagram the Hawaii Court System. (7.5 pts)(1b.) Explain the jurisdiction and venue of each level of the court. (7.5 pts)  (1c.)Using a similar format, diagram the Federal Court system, including how a federal court case in Hawaii would proceed through the system. (1d) Explain the jurisdiction and venue each level of the federal court.


(2) Police detective Lacey Cagney had a hunch that Sound, Inc., a retail seller of stereo equipment and related supplies, was involved in a drug-smuggling operation.  Because she hoped to acquire evidence confirming her hunch, Cagney posed as an ordinary consumer when she entered the Sound place of business. She slipped out of the “public” part of the store when the sole sales clerk on duty was busy with other customers.  Cagney then proceeded down a hall to an office whose closed door was marked “Private!  No Entry Without Authorization From Manger.”  She entered the office, which was unoccupied, looked through files that were lying on a desk, and located documentary evidence tending to indicate that Sound was indeed involved in the illegal operation referred to above.  The evidence obtain by Cagney furnished the primary basis for drug-smuggling and drug-dealing charges that are now pending against Sound.  Sound has filed a pre-trial motion asking the court to suppress (i.e., exclude from use at trial) the evidence obtained by Cagney in her search of the office.  (2a)Should the evidence be suppressed?  Why or why not?(7.5 pts) (2b) What is the basis for suppression if available? (7.5 pts)  (2c)Explain completely the rights of Sound and the police under these circumstances.


(3)  After a student named Bob insults him in class, Mr. Stone, a business law professor, pulls out his .38 and fires a shot at the student.  The shot misses Bob, but hits Anne, who never saw the shot coming and did not realize what had hit her.  Bob and Anne sue Prof. Stone.  (3a) Under what theories will they recover, if at all?  (10 pts)Explain completely. (3b) Bob’s remedy, if at all.(7.5 pts)  (3c) Anne’s remedy, if at all.


(4). Jack and Jill moved to their dream home in Rural County.  One month later, Otis decided to develop the back 10 acres of his 200-acre farm (nearly all of which had consisted of corn and soybean fields) into a hog-raising operation.  Unfortunately for Jack and Jill, the back 110 acres adjoined their property.  Jack and Hill claim that the smell of the hog operation is overwhelming and that they can no longer enjoy living in their dream home. They also think the hog operation has caused their property value to decline substantially.  Rural County has no zoning regulations in effect. 4a) Under what legal theory, if any, may Jack and Jill seek legal relief? (10 pts)  (4b)What would that relief be, if any? (7.5 pts) (4c) Explain completely the rights of Otis.

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