A State Legislature Enacts a Statute That Prohibits the Marketing of Products Through

Business Law 201 Spring 2009 Professor Isler Assignment 1

Directions: Read the question carefully and answer only what is asked. No points will be awarded for extraneous discussion. You may assume that jurisdiction and venue are proper, and focus exclusively on the question asked. Please also note the following:

1. This assignment may not exceed three pages; 2. The assignment must be typed; 3. The assignment is due at the start of class on Tuesday, February 10th, 2009; 4. The assignment may not be e-mailed to me or the TA; 5. The assignment is worth 2.5 points; and 6. This assignment may not exceed three pages, the assignment must be typed, the assignment is due at the start of class on Tuesday, February 3, 2009, the assignment may not be e-mailed to me or the TA, and the assignment is worth 2.5 points

Question 1

Ace Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that the evidence presented at trial to support Ace's claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues BSC, the appellate court should reverse the trial court's decision. May an appellate court ever reverse a trial court's findings with respect to questions of fact?

Question 2

In a lawsuit between Digital Sales Corporation and Engineering Associates, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system?

Question 3

A state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of Games Marketing, Inc. (GMI), orders GMI marketers to place ads in any media. When a GMI ad appears on HDTV, a local television station, GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction?