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M. Kennedy
M. Kennedy, Doctoral Degree
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Experience:  B.A., J.D. degrees, former teacher, tutor
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Baker v ABC & Ignacious J. Reilly, Inc v City of Sedona

Customer Question

Please help. I would appreciate it if you answered according to the following directions:


 1)Limit the answer to: (Use times new roman, 10 font with half-inch margins) 


 -Question 1 to one half page (your page 1). 


 -Question 2: to one page – all bullets must fit on one page (your page 2).


 2)Not to use any information other than what can be found in a typical college law textbook. Please don't use outside sources. My textbook Business Law Today, 9th ed Standard Edition by Miller & Jentz.


 3) Answer all bullets to have a chance at full credit – the points are noted after each bullet. Please answer the bullets in order.


 4) Please answer the questions in a thorough, complete, and concise manner. Thank you.


 Question One


In May 1996, ABC Funeral homes (ABC) hired Baker Company (Baker) to build an addition to ABC's Funeral home. The parties' contract did not specify a date for the completion of the work. The city issued a building permit for the project on June 14th, and Baker began work two weeks later. There was some delay in construction because ABC asked that no work be done during funeral services, but by the end of March 1997, the work was substantially completed. The city issued a "Certificate of Completion" on April 15th. During the construction, ABC made periodic payments to Baker, but there was a balance due to Baker ($18,000.) which ABC did not pay. To recover, Baker sued in state court and ABC counter-claimed for lost profits due to the delays in construction and for corrections ($6,000.) that had to be made due to Baker's poor workmanship. Discuss the following questions completely and yet concisely:



  • The contract issues (3).

  • The relevant contract concepts that apply (2).

  • Which party has a valid claim for a remedy from the court and what that remedy should be (2).


Question Two


Assume that the City of Sedona AZ passes an ordinance, which states that T-Shirt vendors can do business in uptown Business District, only if they have been in the T-Shirt business for at least five years. The city never held any hearing about the ordinance. The effect of the ordinance is that now, only two companies can sell T-Shirts and all others cannot. The reason for the law was to try and rid the district, an important tourist area, from being congested with too many vendors.


 Ignacious J. Reilly, Inc., one of the outlawed businesses, now sues the city of Sedona alleging discrimination under the equal protection clause of the US Constitution, lack of due process, and interference with his right as an American to do business under the privileges and immunities clause. 


 Discuss: 



  1. Specifically how the 14th Amendment to the US Constitution is important to Ignacious J. Reilly, Inc.'s state or local rights. (2)

  2. What Due Process means generally and in this specific case. (2)

  3. What test the AZ Supreme Court will use to determine what aspects of Ignacious J. Reilly, Inc.'s substantive due process rights might have been violated. (2)

  4. Why or why not the  Privileges and Immunities clause may apply in favor of Ignacious J. Reilly, Inc. (1)

  5. The three standards ‘and who each standard covers’ that the AZ Supreme Court can choose from in order to resolve the Equal Protection Claim, (1.5)

  6. The corresponding tests under each approach (1.5)

  7. Who usually wins under each test (1)

  8. What constitutes a suspect class; and (1)

  9. Which approach the court would use in resolving the question above under the EP clause. (1)

  10. On what basis the court should resolve this case for each claim. Justify your answer, please. (2)

Submitted: 1 year ago.
Category: Writing Homework
Expert:  Josie-Mod replied 1 year ago.
Hello,

I'm Josie and I'm a moderator for this topic.

We have been working with our professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had already found your answer or if you still need assistance from one of our professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question?

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Pet to Legal.

Thank you,

Josie~Moderator
Customer: replied 1 year ago.

Hello. Thank you for replying I still do need an answer to this as soon as possible. There only needs to be 2 pages for this. One half page for the first question and a page for the second one. Also the topic would be law. Did it not belong in the legal section?

Customer: replied 1 year ago.

Have you found an expert for my question? How can I change the urgency of my question? I'd like to make it higher as I need an answer by Saturday. I will also raise the price depending on the satisfactory level of the answer.

Expert:  Josie-Mod replied 1 year ago.
Hello

Thank you, XXXXX XXXXX continue to look for a professional to assist you. I apologize for the delay in my reply. Please let me know if I can be of any further assistance while you wait.

Best,
Josie~Moderator
Customer: replied 1 year ago.

Thank you again for your response. I asked a couple of questions for you in my second reply. Would you please answer them? Thank you.

Expert:  Angela--Mod replied 1 year ago.
Hello. I am a moderator for this topic. Your question is marked high priority. If you would like to increase the amount you are offering for the work, you may click the Edit button on your original post, or emailXXX@XXXXXX.XXX if you need assistance adjusting the price. Your question is academic and therefore has been placed in a Homework category. We do have lawyers in this category to assist with legal homework questions. We appreciate your patience while we search for a professional to assist you.

Best,

Angela
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX relieved to hear your answers, however I'm wondering if it's that high of a priority since I still don't have an expert addressing me yet. Will they just appear with an answer or will you alert me when you've finally found one who's willing to answer my question?

Expert:  Angela--Mod replied 1 year ago.
Hello. You will receive an email notification when you have a new reply, yes. Thank you for your continued patience.

Best,

Angela
Expert:  M. Kennedy replied 1 year ago.

Hello,

 

I would like to help you answer the above question. I have been reviewing the instructions and will get back to you as I work on it if I have questions. The requirements for the answers seem rather complicated, and I want to get them right. When do you have to have this completed?

Customer: replied 1 year ago.

Hello. Thank you for your response. I'm glad a real expert finally contacted me. I said I needed it by saturday. It's already Friday. Will you be able to finish it within 24 hours? About the instructions, #1 is mostly formatting. About instruction #2, I can probably find the same ones you use in the textbook, as long as its regarding law. The most important instructions would be #3 and #4. Thanks again.

Expert:  M. Kennedy replied 1 year ago.
I wlll be able to finish it today, but it will be later tonight. I have law textbooks, of course, but much contract law is common law and you will be able to find it in your text book. I will get it finished as soon as I can, but follow the instructions as I interpret them.
Customer: replied 1 year ago.

Okay. I understand. I will expect your answer tonight. Thank you.

Expert:  M. Kennedy replied 1 year ago.
Had a bit of computer trouble today. Will have this completed in the morning. I experienced a delay due to the trouble. Hope you understand.
Customer: replied 1 year ago.

Around what time in the morning? Is it almost done? About how many percent more is left to do? I ask because this is almost due.

Expert:  M. Kennedy replied 1 year ago.
It's about 75% finished. I'll have it for you soon.
Customer: replied 1 year ago.

I see. Thank you for replying. Do you think you'll be able to finish within 2-3 hours? If not, may I please have a look at what you have so far? This is due really soon, and I'm very worried that we might not make it.

Expert:  M. Kennedy replied 1 year ago.
I've had computer issues. I have them solved. if you need this paper "tweaked" or anything let me know. I have the time.

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