Question

Smearing the Law to a Set of Facts

Read the Hypothetical Case Problem #1 at the end of Chapter 1 as well as respond to these questions-

1) If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant

2) In which state or states can the suit be brought?

3) Suppose that Javier incurred $100,000 in damages

a) Examine whether the suit can be brought in federal court

b) Elucidate the advantages and disadvantages of federal versus state court for this type of suit Tort or Crime

In section 1 of the text you read about the Bailey v. Eminem defamation case where the court held Eminem's lyrics were protected by the First Amendment. Read the article as well as view the video (the links are listed under Week 1 Additional Learning Resources Required as well as Week 1 Multimedia Required) to the Pahler v. Slayer case. Respond to the following questions

1) Did the Pahler court use the similar reasoning as used in Bailey v. Eminem?

2) Should the court's decision in Pahler be dissimilar because a young girl was murdered?

3) Recall the difference between a crime as well as a tort. Based on these two cases, analyze and discuss whether artists must be held liable for the actions of their fans.