Using the Internet or other sources, research the actual facts of Stella Liebeck vs. McDonald’s and then discuss.
Answer both questions 1 and 2 below in this same discussion.
Using the Internet or other sources, research the actual facts of Stella Liebeck vs. McDonald’s and then discuss:
Based upon your research, explain whether you would have found the plaintiff proved all, some, or none of the elements for negligence (see page 230). Incorporate 3 different \key terms or phrases from this week’s text readings (in all CAPS).
Discuss whether you think McDonald’s assumption of risk defense should have been applied in this case.
Make a list of your research sources and save as a document (last name.sources). Then upload your sources document to the Week 2 Dropbox by 11:59 pm Friday. If you fail to post sources in the dropbox, points will be deducted from your discussion grade. Do not post sources in your discussion.
I have students provide their sources as one way to help insure that everyone does his/her own research. I do recommend, however, that if you use the Internet for your research, you should, at a minimum, compare information from at least 3 Internet sources. Also note that the best discussion postings are usually from those students who have read information from multiple sources and apply the legal concepts in their own writing style (not just reiterating the article you read).
The Miami Beach police department is sick and tired of the college and high school students coming to town for Spring break and bringing drugs and alcohol with them. So, they’ve devised a plan, Operation Intercept, to stop the flow of drugs.
First, the Police Chief orders random check points on all the highways leading into town. Each check point will have a drug dog that will go around the outside of the vehicle and alert the handler if there is a “hit.” Second, to help stop the flow of drugs entering the city via the waterways and ports, the Chief has ordered the use of drones. He instructs his officers to conduct drone “flights” in the areas where the drug dealers often use speedboats for drug trafficking. As expected, Operation Intercept is successful. The Department makes a number of arrests based upon both the traffic stops and the drones.
Based only on the readings for this week (no outside research), discuss whether drug dogs at the traffic stops and the drones are constitutional under the 4th Amendment.
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