Below you will find your jury question. Please read the scenario and answer the 5 questions to the best of your ability. Not only do you need to post your vote and explanation, but you will need to reply to another group member’s post. Be sure to include all of the following to get the maximum points(20 points).
- Answer all 5 questions.
- Provide an explanation for each vote.
- Provide a citation for each vote.
- The citations need to be from our text only, not Google or another internet source.
- Provide a definition of the law you are citing.
- Citations should be immediately following what your reference to the text with the chapter and the page number.
- Reply to another group member’s vote.
- Give reasons why you agree or disagree, but you do not need to use citations on your reply to another post.
The Boat Repair incident
Mark takes his boat to Ray’s Marine every year to have the bottom painted. Last year, when Mark pulled the boat from the water for its annual painting, he discovered that the entire stern (back of the boat) was covered in barnacles because Ray had not painted that section of the boat. Mark was so upset that he took to boat to Waterman’s Wake to strip the barnacles and paint the boat. He told everyone at Waterman’s (and at the waterfront pubs) that Ray did not complete the work, did a terrible job, and was responsible for Mark having to pay additional fees at Waterman’s to have the barnacles removed before the boat could be painted. Ray has heard the statements from several other boat owners when they explained why they did not bring their boats to Ray’s to be painted this year.
After Ray heard ten of his former customers make the same statement, he went to Mark’s house with his baseball bat and told Mark to “take back his statements” or he would knock his head off of his shoulders. Mark said “no way, all the statements are true”. Ray became so angry that he swung the bat at Mark and barely missed his head. Mark closed the door and called the police. Ray was arrested at his shop.
Ray was convicted of assault with a deadly weapon in the criminal trial. He served 6 months in jail.
Ray is now suing Mark in Federal District Court for slander and disparagement. He says that Mark should not be allowed to get away with slandering him and hurting his business.
Mark has asked that the case be removed to the State Superior Court. He has filed a cross complaint for negligence against Ray and seeks compensation for the damage to his boat, cost of repairs and for assault.
Answer the following questions:
1. Should the case be removed to Superior Court? Explain.
2. How do you vote on Ray’s slander issue? Explain
3. How do you vote on Ray’s disparagement issue? Explain
4. How do you vote on Mark’s negligence claim? Explain
5. How do you vote on Mark’s assault claim? Explain