Question #1: Jorge lives in Michigan at his home that he grew up in and had never left the state until last month when he traveled to nearby St. Paul, Minnesota to purchase a used car that a dealer was selling for a great price. After purchasing the car, about to make his way home back to Michigan, he gets stopped by a local St. Paul police officer, Saraya Tames, for speeding. Officer Tames, as is unfortunately the case with a majority of society, is conditioned to be slightly more fearful of a young male of color due to Hollywood portrayals of such individuals over the last century (side note: I am happy to provide research that explores this to anyone who is curious, lmk!) As a result, without Saraya realizing it, she is unreasonably startled by Jorge reaching for his drivers license and shoots him in the back several times, severely injuring him. Several months later Jorge is released from the hospital and returns back to Michigan- he is permanently paralyzed from the waist down. Jorge files a lawsuit in United States District Court for the Southern District of Minnesota against officer Tames for her conduct that day. In the lawsuit Jorge alleges his Constitutional rights have been violated. Saraya agrees that the court has authority over her but files a motion contesting the competency of the court to have authority over this type of case, asserting that it should be filed in a state court instead. Jorge opposes the motion. Who does the court rule in favor of regarding the motion?
Question 2: Dina just got married and, along with her partner, is going house hunting. Their wish list is for a 3+ bedrooms 2.5+ bath home with a large backyard. Dinas partner has saved up $40,000 to use on a down payment but cannot afford to make any monthly payments on a mortgage. Dina has no money saved up for a down payment but knows she can afford to pay up to $2,200 a month on a 30-year mortgage. Unfortunately, Dina and her partner find out that the market values of homes put all of the homes that satisfy their wishlist out of their price range; the cheapest they can find with $40k down would be the home at the end of Elm street for a $2,900 a month, 30-year mortgage. Every day Dina calls her parents updating them on the fruitless search and, after two weeks, Dinas mom says: Sweetheart I am so sorry for you and how hard you are looking and you cant find anything. We never got you a proper present for finishing college and I want to make that up to you. You buy that home at the end of Elm street and I will send you $700 a month until the mortgage is paid off to make it work. I love you. Dina excitedly tells her partner and they go buy the house the next day. At the end of the month when the first payment is due Dina calls mom to ask how to get the $700. Dinas mom replies Dina you think I would actually help you buy a house for finishing college when we both know you never graduated?!? I called the registrar last May and they told me everything. The reason you didnt have a graduation ceremony wasnt because it was canceled due to COVID-19/20/(probs21 lets be real), it was because you didnt pass all your classes. Im not giving you a single penny! Dina files a lawsuit against her mother in a proper court that has authority over her, her mother, and the case. Who wins and why?
Template for Quiz #1 Answers
Question #1
DECISION: type the name of the person who wins here
RULE(s) OF LAW: (Write the generic rule(s) here; do not incorporate the facts of the above case.)
APPLICATION: (Discuss the rule(s) stated above as they apply to the problem/parties, reasoning to a conclusion.)
Question #2
DECISION: type the name of the person who wins here
RULE(s) OF LAW: (Write the generic rule(s) here; do not incorporate the facts of the above case.)
APPLICATION: (Discuss the rule(s) stated above as they apply to the problem/parties, reasoning to a conclusion.)
