On July 5, 1884, Dudley, Stephens, and Brooks- “all able bodied English seamen” and a teenageEnglish boy were cast adrift in a lifeboat following a storm at sea. They had no water with them in theboat, and all they had for sustenance were two one-pound tins of turnips. On July 24, Dudley proposedthat one of the four in the lifeboat be sacrificed to save the others. Stephens agreed with Dudley, butBrooks refused to consent- and the boy was never asked for his opinion. On July 25, Dudley killed theboy, and the three men then fed on the boy’s body and blood. Four days later, a passing vessel rescuedthe men. They were taken to England and tried for the murder of the boy. If the men had not fed on theboy’s body, they would probably have died of starvation within the four-day period. The boy, who was ina much weaker condition, would likely have died before the rest (Regina v. Dudley and Stephens, 14Q.B.D. 273 (1884).
a. The basic question in this case is whether the survivors should be subject to penalties under Englishcriminal law, given the men’s unusual circumstances. Were the defendant’s actions necessary butunethical? Explain your reasoning. What ethical issues might be involved here?
b. Should judges ever have the power to look beyond the written “letter of the Law” in making theirdecisions? Why or why not?
A. Stan Garner resides in Illinois and promotes boxing matches for SuperSports, Inc., an Illinois corporation. Garner created the of “Ages” promotion-a three fight series of boxin matches pitting an older fighter (George Foreman) against a younger fighter. The concept had titles for each of the three fights, including “battle of the Ages.” Garber contacted Foreman and his manager, who both reside in Texas, to sell the idea, and they arranged a meeting in Las Vegas, Nevada. During negotiations, Foreman’s manager signeda nondisclosure agreement prohibiting him from disclosing Garner’s promotional concepts unless the parties signed a contract. Nevertheless, after negoitations fell through, Foremen used Garner’s “Battle of the Ages” concept to promote a subsequent fight. Garner filed a suit against Foreman and his manager in a federal district court locatd in Illinois, alleging breach of contract. Using the information presented in Chapter Two (2), answer the following questions.
1. On what basis might the federal district court in Illinois exercise jurisdiction in this case?
2. Does the federal district court have original or appellate jurisdiction?
3. Suppose that Garner had filed his action in an Illinois state court. Could an Illinios state court exercise personal jurisdiction over Foreman or his manager? Why or why not?
4. Assume that Garner had filed his acton in a Nevada state court. Would that court have had personal jurisdiction over Foreman or his manager? Explain.
B.Kathleen Lowden sued cellular phone company T-Mobile USA, Inc., contending that its service agreements were not enforceable under Washington State law. Lowden requested that the court allow a class-action suit, in which her claims would extend to similarly affected customers. She contended that T-Mobile had improperly charged her fees beyond the advertised price of service and charged her for roaming calls that should not have been clasified as roaming.
T-Mobile moved to force arbitration in accordance with the provisions that were clearly set forth in the service agreement. The agreement also specified that no class-action suit could be brought, so T-Mobile also asked the court to dismiss the request for a class-action suit. Was T-Mobile correct that Lowden’s only course of action was to file for Arbitration personally? Why or Why not? Lowden v. T-Mobile USA Inc., 512 F. 3d 1213 (9th Cir. 2008).