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1) Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions:
- If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.
- In which state or states can the suit be brought?
- Assume that Javier incurred $100,000 in damages.
- Analyze whether the suit can be brought in federal court
- Explain the advantages and disadvantages of federal versus state court for this type of suit.
2) In Chapter 1 of the text you read about the Bailey v. Eminem
defamation case where the court held Eminemâ€™s lyrics were protected by
the First Amendment. Read the article and view the video (the links are
listed under Week 1 Additional Learning Resources Required and Week 1
Multimedia Required) to the Pahler v. Slayer case. Respond to the following questions:
- Did the Pahler court use the same reasoning as used in Bailey v. Eminem?
- Should the courtâ€™s decision in Pahler be different because a young girl was murdered?
- Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.