Select two of the scenarios listed below and explain the best solution for each. Include comments related
to any ethical issues that arise. You should locate at least one scholarly source from the SUO Library or
one case that has been decided or is currently pending to support your answer.
Scenario 1: Jurisdiction and Choice of Law.
Three friends from Florida were going cross-country skiing in Michigan. Shirley, the first skier came to a
stop sign on the trail, waved at her companions and stopped. Jackie, the second to approach, was going
too fast to stop, veered to the left and tripped over a log. Jane, the third skier was going so fast she
clipped Shirley’s skis, fell over Jackie and slammed into a tree. Jane broke bones in her right arm and
leg, which required surgery to repair the injuries. Jane filed a lawsuit against Shirley and Jackie in a trial
court in Florida, claiming that each of her friends was liable to her for their negligent skiing. A Michigan
statute specifically stated that snow skiers assumed the risks associated with skiing. Florida law did not
contain an assumption of the risk rule regarding skiing. The two defendants made a motion for summary
judgment.
Does Michigan or Florida law apply to this case? Explain
Scenario 2: Constitution
Paul Mitchell, a student at Raleigh Egypt Middle School learned he received a “D” in his history class,
which meant he would have to attend summer school. Mitchell posted on Facebook that his history
teacher and the principal should be shot. Mitchell also posted a cartoon that showed the teacher’s head
on a body that had been mutilated. Mitchell’s mother instructed her son to remove the post, but he
refused. The principal suspended Mitchell for the last month of school and contacted the police.
Determine whether Mitchell’s statement and resulting actions by the school violate the First Amendment.
Provide support your answer.