Law Scenarios
Law Scenarios:1) What is the term “stream of commerce” used to describe? What does it affect?
2) Explain the difference between a crime and a tort.
3) Briefly describe some of the cultural origins of our current law in the United States.
4) What are some of things a business must consider before determining whether to fight a lawsuit in court or reach settlement?
5) Consider the following fact scenario then briefly answer the following questions. Douglas Roberts, lives in the small town of Poteau, Oklahoma where he is renowned for his ability to grow giant red tomatoes, which he sells locally in Douggie’s Country Store. T
o aid in his production of tomatoes and generate a small profit for charity, Douglas grows his garden by using the most up-to-date fertilizers, soil enhancement products, and high-grade seeds. Despite his reputation for growing these tomatoes, Douglas rarely, if ever does the manual labor to grow, nurture, and harvest the giant red tomatoes.
Douglas prefers to hire a gardener, Eric to do this for him. Profits have been good and Douglas purchases a new roto-tiller for Eric to use in the garden. Douglas and Eric have a longstanding relationship and Douglas has no concerns about entrusting Eric with these expensive materials or equipment.
Ultimately over time, this relationship begins to sour and Eric becomes jealous that Douglas receives all the credit and some profit for the tomatoes. Eric feels that he is entitled to a greater share of the fame and profits and he soon begins to take some of the expensive seeds and fertilizers with the goal of starting his own store to compete with Douglas.
The moment Douglas begins to notice his profits slimming, production lacking, and an increased use in seeds and fertilizer, Douglas becomes suspicious that Eric is taking some of these materials. Douglas contacts the local authorities, who confirm through investigation that Eric has been taking the seeds and fertilizers and carrying them to his garden nearby.
Douglas is furious that an individual would do this and wants Eric prosecuted to the fullest extent of the law. Will the local prosecutor charge Eric with theft or embezzlement? Why? Explain the difference between the two.
