How would you rule if this case were brought in your court and you were the presiding judge? | Homework Market Help

FORUM  #1 – Tort Litigation and the Fast Food Industry
Read the following case.  Consider the two questions at the end of the case. Based on the principles of law covered in the text, express your opinion in the Forum. Also, be prepared to comment on someone else’s remarks on this case, preferably an individual who has a contrasting point of view from the one that you have.
THE CASE
Caesar Barber, from the Bronx, New York, weighs 272 pounds. He filed a lawsuit against McDonald’s, Kentucky Fried Chicken, Wendy’s, and Burger King for contributing to his weight problem. He has a number of health problems commonly associated with high weight – two heart attacks, diabetes, high blood pressure, and high cholesterol. He claims the fast food chains deceived him with ads that said “100 percent beef” and they created a de facto aIDiction. The case alleges that McDonald’s failed to adequately disclose material facts about its high fat food. “The law of warnings is not designed for the best and brightest of us…. It is aimed at helping people who need to be told not to stand on the top step of a laIDer or not to use a hair dryer in the bathtub”, says John Banzhaf, a legal activism teacher at George Washington University Law School. All of the restaurants have nutritional information available on request in their restaurants and online. The plaintiff claims that he didn’t know how fattening or harmful the food was. The TV and print ads promoted the foods as healthy, economical, tasty, and convenient. Also, it is alleged by plaintiffs that the fast food restaurants could use healthier ways to prepare the food. Hence this lawsuit was filed.
THE QUESTIONS
1.How would you rule if this case were brought in your court and you were the presiding judge?
2. Should the fast food restaurants be held liable? If so, what legal theories covered would be applicable?
CASE FOR FORUM #2
PGA Tour, Inc., sponsors professional golf tournaments. A player may enter in several ways, but the most common method is to successfully compete in a three-stage qualifying tournament known as the “Q-School.” Anyone may enter the Q-School by submitting two letters of recommendation and paying $3,000 to cover greens fees and the cost of a golf cart, which is permitted during the first two stages, but is prohibited during the third stage. The rules governing the events include the “Rules of Golf,” which apply at all levels of amateur and professional golf and do not prohibit the use of golf carts, and the “hard card,” which applies specifically to the PGA tour and requires the players to walk the course during most of a tournament. Casey Martin is a talented golfer with a degenerative circulatory disorder that prevents him from walking golf courses. Martin entered the Q-School and asked for permission to use a cart during the third stage. PGA refused. Martin filed a suit in a federal district court against PGA, alleging a violation of the Americans with Disabilities Act. Is a golf cart in these circumstances a “reasonable accommodation” under the ADA? Why or why not? [PGA Tour, Inc. v. Martin, 532 U.S. 661, 121 S.Ct. 1879, 149 L.Ed.2d 904 (2001)]
The court ordered PGA to permit Martin to use a cart. PGA appealed to the U.S. Court of Appeals for the Ninth Circuit, which affirmed the order of the lower court. PGA appealed to the United States Supreme Court, which affirmed the lower court’s decision, ruling that a golf cart is a reasonable accommodation for a disabled athlete. PGA argued that making an exception to its “walking” rule would “fundamentally alter the sport of golf.” The Supreme Court disagreed, stating that the “[u]se of a cart is not inconsistent with the fundamental character of the game of golf,” PGA’s tours, or the third stage of the Q-School. Golf is defined by “shot-making,” not by walking. The Court explained that the ADA is applied case by case. In other words, “[t]he needs of a disabled person [is] evaluated on an individual basis.” Thus, in this case, “[e]ven if petitioner’s factual predicate is accepted, its legal position is fatally flawed because its refusal to consider Martin’s personal circumstances in deciding whether to accommodate his disability runs counter to the ADA’s requirement that an individualized inquiry be conducted.”
First, read the Forum case provided in this session. Next, enter the Forum and give your opinion as to whether you agree or disagree with the Supreme Court’s ruling in this case. If you were on the court, how would you have ruled? Has the game of golf been altered or equalized? Should ADA apply in this matter? Give your opinion and state reasons for your answer. Also, be sure to respond to someone in the Forum who disagrees with your position or comment on something that someone said that you found interesting.
CASE FOR FORUM #3
You are interested in setting up a business which would make and sell custom designed handbags in shops and on the internet. You have four seamstresses who are experts in quilting, cross-stitching, and doing needlepoint that you will be hiring. You are going to contact individual stores, boutiques, and accessory shops as well as individual consumers.  You have about a quarter of a million dollars already invested into this business venture. A friend of yours is also interested in joining you and he can put up one hundred thousand dollars. You have decisions yet to make about design, advertising, meshing online business with brick and mortar. But the first decision is :  “What form of organization should this business be in”?  Should it be a proprietorship, a general or limited partnership, a public or closed corporation.
Before you answer the above question as to form of organization, reflect on the chapters 23 and 24 previously covered.  Also go to :
http://smallbusiness.findlaw.com/incorporation-and-legal-structures/benefits-and-drawbacks-of-different-types-of-business-entities.html (Links to an external site.)Links to an external site.
At that site, review the advantages and disadvantages of the business organizations listed,
Having read the chapters and the info on the website ,  participate in the forum.
Tell us what form that you think is the best for this startup business. Give reasons for your opinion by referencing material from the articles or the chapter. Also, respond and react to at least one other person starting with someone who has taken a different opinion than the one that you hold.  So read, reflect and react. I am looking forward to your input in the forum.
This is a forum about selecting an appropriate business organization.. Read and review the Instructions for this Forum in the Week #12 module. After doing that, participate in the forum by indicating your opinion. Also, be sure to respond and react to at least one other person, starting with someone with a different point of view than the one that you hold. In your responses, try to use the points of law covered in the text. So read, reflect, and react. I am looking forward to your input in the forum.

Don't use plagiarized sources. Get Your Custom Essay on
How would you rule if this case were brought in your court and you were the presiding judge? | Homework Market Help
Just from $13/Page
Order Essay
Homework Market Pro
Calculate your paper price
Pages (550 words)
Approximate price: -

Our Unique Features

Custom Papers Means Custom Papers

This is what custom writing means to us: Your essay starts from scratch. Plagiarism is unacceptable. We demand the originality of our academic essay writers and they only deliver authentic and original papers. 100% guaranteed! If your final version is not as expected, we will revise it immediately.

Qualified and Experienced Essay Writers

Our team consists of carefully selected writers with in-depth expertise. Each writer in our team is selected based on their writing skills and experience. Each team member is able to provide plagiarism-free, authentic and high-quality content within a short turnaround time.

Free Unlimited Revisions

If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.

Prompt Delivery and 100% Assuarance

We understand you. Spending your hard earned money on a writing service is a big deal. It is a big investment and it is difficult to make the decision. That is why we support our claims with guarantees. We want you to be reassured as soon as you place your order. Here are our guarantees: Your deadlines are important to us. When ordering, please note that delivery will take place no later than the expiry date.

100% Originality & Confidentiality

Every paper we write for every order is 100% original. To support this, we would be happy to provide you with a plagiarism analysis report on request.We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.

24/7 Customer Support

We help students, business professionals and job seekers around the world in multiple time zones. We also understand that students often keep crazy schedules. No problem. We are there for you around the clock. If you need help at any time, please contact us. An agent is always available for you.

Try it now!

Calculate the price of your order

Total price:
$0.00

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

Our services are second to none. Every time you place an order, you get a personal and original paper of the highest quality.

Essays

Essay Writing Service

While a college paper is the most common order we receive, we want you to understand that we have college writers for virtually everything, including: High school and college essays Papers, book reviews, case studies, lab reports, tests All graduate level projects, including theses and dissertations Admissions and scholarship essays Resumes and CV’s Web content, copywriting, blogs, articles Business writing – reports, marketing material, white papers Research and data collection/analysis of any type.

Admissions

Any Kind of Essay Writing!

Whether you are a high school student struggling with writing five-paragraph essays, an undergraduate management student stressing over a research paper, or a graduate student in the middle of a thesis or dissertation, homeworkmarketpro.com has a writer for you. We can also provide admissions or scholarship essays, a resume or CV, as well as web content or articles. Writing an essay for college admission takes a certain kind of writer. They have to be knowledgeable about your subject and be able to grasp the purpose of the essay.

Reviews

Quality Check and Editing Support

Every paper is subject to a strict editorial and revision process. This is to ensure that your document is complete and accurate and that all of your instructions have been followed carefully including creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.

Reviews

Prices and Discounts

We are happy to say that we offer some of the most competitive prices in this industry. Since many of our customers are students, job seekers and small entrepreneurs, we know that money is a problem. Therefore, you will find better prices with us compared to writing services of this calibre.