Assignment
Learning Activity 1:
This learning activity focuses on jurisdiction and ADR.
Review closely all assigned materials regarding the legal system.
Case Scenario: Ali owns and operates a florist business, Blooming Studio, Inc. (Blooming) from a shop in his Virginia hometown. Blooming advertises and sells in Virginia from the shop, and also advertises and sells over the internet. A substantial percentage of Blooming's business is conducted via internet sales.
Using Blooming's website and her credit card, on June 5, Janet purchased $5,000 worth of live wedding flowers from her home in Denver, Colorado. She requested the flowers to be shipped to a hotel in Kansas City, Missouri, the site of the wedding, on June 14. The flowers arrived, as requested, on June 14, the day before the June 15 wedding, but Janet claimed they were withered and unusable. Blooming did not respond to Janet's communications and requests to replace the flowers.
Janet sued Blooming in a Colorado court to recover her $5,000. Ali, on behalf of Blooming, filed a motion to dismiss claiming the Colorado 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 Blooming (i.e., what type of jurisdiction exists over Flowers)?
C. Would you advise Janet 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?
Please answer each question part in paragraph format using APA in text citations, as appropriate, from the assigned materials. Include a References list and label each question part.
Learning Activity 2:
This learning activity focuses on constitutional authority to regulate business and constitutional law concepts.
Case Scenario: Seacoast enacted a city zoning ordinance regarding placement of outdoor signs and billboards. The ordinance banned outdoor advertising display signs, including billboards, on all public roads within the city limits. Advertising signs and billboards on-site on any public or private business location are exempt from this ordinance, and thus, permissible. Seacoast claimed the ordinance was necessary to promote public traffic safety and aesthetics, to protect its tourism, and to protect city growth.
On the Road, Inc., a company in the business of leasing commercial billboards to advertisers, and the primary billboard provider in Seacoast, sued Seacoast alleging the zoning ordinance is unconstitutional.
A. Discuss whether the ordinance is constitutional or unconstitutional and why.
B. Explain the constitutional legal basis Seacoast could argue provides it with the authority to enact the ordinance OR explain why there is no constitutional authority/legal basis for Seacoast to enact the ordinance.