Directions: Label each section. Do not make me hunt for your response or wonder which section you are answering. Use your text and cite to your sources. You must conduct a legal analysis. Explain the concept / law that is the issue in the case. Apply the facts of the case to the legal concept. Come to a conclusion.

SECTION # 1

On his way to the office Tom, a driver for Delta Store's Inc. stops at a Jen's Fruits & Vegetables, a small market stocked entirely with produce grown on Jen's adjacent farm.

Several hours later during his deliveries in a company owned truck Tom strikes and injures Elle who is walking to work along a sidewalk next to a road. Elle's injuries result in more than $250,000 in medical expenses. Elle is a resident of Georgia, where the accident occurred. Delta Store's Inc. has its principal place of business, and is incorporated, in Delaware.

Issue 1: Under what clause of the Constitution can the federal government regulate Jen's activities? What is Jen's best argument against federal regulation of her farm and business?

Issue 2: In what court may Elle sue Delta Store's Inc? (identify all that might apply and explain why)

Elle may sue FDC in Delaware, because FDC has its principal place of business, and is incorporated

SECTION # 2

Paul was participating in a charity bicycle marathon, sponsored by Volunteers in Action, a local philanthropic organization. During the race, Paul crashed his bicycle into another biker, fell and broke his arm. The other biker was not injured.

Issue: Would Paul have a valid legal claim to sue Volunteers in Action to recover for his injury? If yes, what would be the legal claim for which he could sue?

If no, discuss why Paul would not have a valid legal claim against Volunteers in Action.

SECTION # 3

Following a heavy rain storm, Beth's Bakery was flooded with 2 inches of water. Employees mopped and dried the floor of the bakery as much as possible, but there were still water spots throughout the bakery, and a 1-inch deep pool of water located about 2 feet inside the entrance.

Beth wanted to open the bakery on time, so she posted a sign outside the bakery warning customers of wet floors inside the entrance. Marvin entered the bakery, slipped on the water inside the entrance and broke both wrists.

ISSUE: Discuss whether Beth's Bakery is liable to Marvin for his injuries and why or why not.

If Marvin sues Beth's Bakery for his injuries, will he likely win the lawsuit?