It is 14 questions based on two scenarios that are given. Answers in paragraph form
SCENARIO A Evan is a Missouri resident and works for “Redthumb Corporation" as a landscaper. Redthumb is a landscaping company based out of Chesterfield, Missouri. On a freezing cloudy day in February, Evan's supervisor directed Evan to Moody Park in Fairview Heights, Illinois. Once there, he was required to plant a row of trees along a property line between the park and some newly developed residential homes. The supervisor indicated somebody had professionally surveyed the property line a few days prior. The surveyors had marked the boundary line with large, three-foot-tall orange stakes and some spraypaint. Evan arrived at Moody Park and located the orange property line markers. He fired up his skid- steer and started to dig large holes indiscriminately. As Evan was digging the holes, a nearby homeowner, who Evan later learned was named Ashley, ran out her home’s back door, and began frantically yelling and cursing at Evan. Evan turned off the skid-steer and got out of the cab to talk with Ashley. As he stood there and listened, he realized Ashley was furious that he was digging holes in what she believes is her backyard, although he thought he was digging holes in the park side of the property. Evan, confused by the raw display of anger and vitriol and being pretty sure that he was on park property, did not move. Instead, he yelled back to Ashley that he was on park property and that she was more than welcome to call the cops if she thought he was trespassing. Evan's comments caused Ashley to fly further into a rage. She rapidly approached Evan and came within 12 inches of him without putting on a mask, and continued to scream that he needed to leave her property. Evan could feel the spit coming out of her mouth as she screamed at him. Evan, ordinarily pretty level-headed but worried about carrying COVID-19 back to his immune- compromised mother, became enraged. In a moment of anger, he grabbed a hammer from his utility belt and swung it at Ashley's head. Because Evan's action was unexpected, Ashley had no time to react, and the hammer hit her in the side of the head. The impact caused her to fall unconscious to the ground. At that moment, Ashley's husband came out the back door and saw Evan standing over Ashley's unconscious body. Ashley's husband, Dan, immediately ran to his wife's side. Upon seeing Dan run out, Evan shouted out, "it was an accident; I did not mean to put anyone in fear or hurt anyone!" Evan then ran to his company car, parked by the skid-steer, and left the scene at high speed. Dan sat by Ashley and consoled her; the police and paramedics arrived and took Ashley to the hospital. While that was happening, the police searched for Evan and eventually learned he had gone back to his home in Missouri. Ashley was released from the hospital after having surgery. A few weeks after the surgery, the hospital handed Ashley a bill for $168,000 for her medical care because she did not have health insurance. Ashley eventually hired an attorney and filed a civil lawsuit against Evan and Redthumb in Saint Clair County, Illinois Circuit Court. In her civil case, she alleges that Evan trespassed on her land, damaged her land, and committed assault and battery on her person, causing extensive injury. Ashley demands that Evan pay her $168,000 for the hospital bills, $25,000 in legal fees, $11,000 to fix her property, $75,000 for future medical expenses and lost wages, $80,000 for pain and suffering, and $50,000 to punish Evan. #1. Ashley decides to file a lawsuit against Redthumb and Evan in Saint Clair County, Illinois, Court. Evan is a resident of Missouri, and Redthumb is a Missouri corporation. Identify the two types of jurisdiction the Illinois Court needs to hear the case and explain why the Illinois court can obtain these two types of jurisdiction in this situation. #2. The Saint Clair County Court allows any party to a lawsuit to request any alternative dispute resolution before a trial for the parties to try and work things out. Identify three potential alternative dispute resolution options that might generally be available in the dispute between Ashley, Evan, and Redthumb. Of the three options identified, provide an evidence-based argument on which one will have the best chance of succeeding given the circumstances. #3. Before the trial in Saint Clair County, the judge asks the attorneys for both parties to argue whether Evan’s actions constitute an intentional or negligent tort against Ashley. Provide an argument to the judge whether Evan’s actions constitute an intentional or negligent tort. #4. Calculate the compensatory damages that Ashley is requesting. Provide an argument as to whether you believe it would be appropriate for the judge to award her all of her requested compensatory damages in this case. #5. The trial gets underway. One of the core factual disputes is whether Evan committed the tort of assault and/or the tort of battery against Ashley. Redthumb and Evan argue that no evidence can prove the tort of assault occurred, specifically because Evan yelled out that he did not intend to strike Ashley and because there is no evidence Ashley was ever in actual fear. They also argue that Evan acted in self-defense due to Covid-19 and Ashley yelling so near his face. Provide a comprehensive argument on whether Evan's action constitutes self-defense against the assault or battery claim. SCENARIO B Tina just landed her dream job as a paralegal in the Wal-Mart Corporation’s General Counsel’s office, assisting with contracts. Specifically, she works in the General Counsel’s office that reviews contracts between Wal-Mart and manufaçturers in Mexico and Central America. Tina is a new paralegal and has no experience but is excited to work in a fast-paced corporate legal environment. #6 Tina is handed her first contract to review. The contract is complete and signed by both Wal-Mart and the Mexican counterparty. Before sending the final contract to Wal- Mart’s business unit managers, the managing attorney asks Tina to give the document one final review to determine whether the contract is formed correctly and valid. What is Tina looking for concerning this contract to see if it is a properly formed and valid contract? #7. While reviewing the contract discussed in question #6, Tina notes a provision requiring Wal-Mart to make “cash only” payments to an individual in Mexico to obtain specific necessary government permits. Tina is concerned about these payments because she does not understand why Wal-Mart would be paying a named individual in cash rather than the Mexican Government directly. The payments may violate the Foreign Corrupt Practices Act. Explain what Tina would need to know about these payments to determine whether the payments violate the Foreign Corrupt Practices Act? #8. After Tina handles the contract discussed in #6 and #7, her managing attorney gives her an even more challenging contract to review. This contract is between Wal-Mart and Amazon. The contract discusses how Wal-Mart and Amazon will jointly agree on the manufacturing and distribution of certain Barbie toys in the United States. They will each agree to only charge the same retail price on the Barbie Toys sold anywhere in the United States. Although unstated in the contract, Tina is aware the intent of Wal-Mart’s business unit managers for toys is to ensure Wal-Mart can maintain a reasonable profit margin in an otherwise very competitive consumer segment and to help the managers ensure they get a big bonus at the end of the year for hitting profit targets. Tina has a bad feeling about this contract from something she learned in her paralegal courses. Identify what law Tina is concerned about Wal-Mart violating and explain whether you feel Tina’s concern is justified or misplaced. #9. After a year working at Wal-Mart, Tina is promoted to senior paralegal. With the new job comes new responsibilities, including reviewing more complex legal situations. The first situation Tina has to review is a proposed settlement agreement where Wal-Mart is paying $185,000 to 10 employees for wrongful termination. The settlement agreement explains how a Wal-Mart deli manager fired all ten deli employees upon learning that some of his deli employees were unionizing. The deli manager did this without talking to the corporate office or higher store management. Identify what law Wal-Mart might have violated in firing the employees and explain why Wal-Mart’s actions might have violated the law you identified. #10. Tina is now also reviewing reasonable accommodation requests. The first one she reviews is a request from an employee experiencing foot pain while standing at the checkout lane all day. The employee is requesting the permanent use of a stool while working at the checkout lane and that for every hour she works, she is provided a paid hour of break time to let her foot pain subside. Tina’s managing attorney has not seen the request yet, and Tina needs to provide a recommendation to the attorney as to whether the employee’s request should be granted or denied. What is your recommendation to the attorney regarding this employee's reasonable accommodation request? #11. Tina is reviewing the recent termination of an employee at a Wal-Mart store after the employee filed a labor complaint with the employee’s state labor commission. The termination notice to the employee does not provide a reason for the termination aside from that it was termination for cause. Internal Wal-Mart records indicate the employee was terminated due to repeatedly being late to work, having a negative attitude, expressing political opinions at work, being slow at work, and frequently being found behind the building smoking when the employee was supposed to be working. The employee is not a union member and is not under an employment contract. The employee’s complaint to the state labor commission is that Wal-Mart terminated his employment because they did not like his political positions and that Wal-Mart violated his first amendment rights. Explain to the supervising attorney whether Wal-Mart was legally within its rights to terminate the employee. #12. Tina is reviewing a proposed construction plan for a new Wal-Mart store. Wal-Mart wants to build a new store in an area that is currently a marsh. While doing the site survey, the pre-planning team found out that marsh is home to the endangered Iowa Hawkeye, a nearly extinct animal found in a few midwest areas. After identifying that the Iowa Hawkeye lives in the marsh, the pre-planning team halted further work and referred the issue to legal for advice on the next steps. Identify the law that likely applies to this situation and explain what factors need to be considered before Wal-Mart decides whether to proceed with the construction or find somewhere else. #13. Tina is now reviewing a proposed lawsuit Wal-Mart is considering filing against Target. Wal-Mart owns the widely recognized trademark phrase “Everyday Low Prices.” Wal-Mart’s registration filing indicates the trademark applies to a wide range of retail product categories in