For Question 1: You decide to join with one or more of your fellow classmates to open and operate a business distributin

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For Question 1:
You decide to join with one or more of your fellow classmates toopen and operate a business distributing beer and other beveragesto retail stores in Polk County.
1. (A). Indicate under what form of businessyou will operate this business and explain theadvantages of this form of business.
(B). In addition, indicate a name for yourbusiness.
For Questions 2-4:
Your business enters into a contract with Bad Frog Brewery,Inc., to distribute their beer, "Bad Frog Beer." The label on theirbeer bottles is depicted above. You are successful in obtainingcontracts with local grocery and convenience stores to carry BadFrog beer distributed to them by your business. However, using a little known ordinance prohibiting “the display orfurthering the display of products with obscene gestures in retailestablishments in the county,” and making violators subject to afine of $100.00 per displayed item, Polk County issues citations toseveral of the grocery and convenience stores to whom you have soldBad Frog Beer causing them to return the Bad Frog beer you soldthem and rescind their contracts with you. You have also beenissued citations for distributing the beer with the Bad Froglabels. You consult with a lawyer and he advises you to bring alawsuit challenging the citations and fines issued by Polk Countyto the grocery and convenience stores and your company.
2. On what ground could your grocery and conveniencestore customers claim that the contract they entered intowith you for the purchase of Bad Frog beer was notvalid.
3. (A). What constitutional grounds does yourlawyer inform you will he base the actions to challenge and rescindthe citations and fines under the Polk County ordinance issued toyour business and to your grocery and convenience store customers?(B). Cite a case that he may use to help win thischallenge to the ordinance in court?
4. Assume Homer Simpson has heard about Bad FrogBeer and has developed a real thirst to purchase severalcases. He hears that the Kwik-E-Mart, a conveniencestore in Springfield, Florida, has Bad Frog Beer available forsale. However, when he visits the store, he learns that theKwik-E-Mart had the beer but returned it because of the Polk Countyordinance referred to above. Homer is infuriated anddecides to hire his lawyers, Lionel Hutz, Esq., to file adeclaratory judgment action against Polk County in the 10thJudicial Circuit Court in Bartow to have the Polk County ordinancedeclared unconstitutional. Does HomerSimpson have standing to bring this declaratory judgementaction? Explain why or why not. In your answer, youmust explain what standing to sue means.
For Questions 5, 6, 7 and 8:
You have purchased a panel truck to distribute your beer andother beverage products and hired a driver, Barney Grumble, awhite male, as your driver. During his job interview, Barneymentioned that he is a recovering alcoholic. However, he provesthat he has a valid driver’s license.
A month after hiring Barney, while transporting in your paneltruck 100 cases of the very popular Duff’s Beer from yourdistribution warehouse in Frostproof to the Kwik-E-Mart conveniencestore on US 27 near Posner Park in Davenport, he runs a red lightat an intersection in Plant City and crashes into a Cadillac,seriously injuring your former business law professor picturedhere:
The police officer who attended the scene of the crash wrote inhis report that, in his opinion, based upon his observations ofBarney at the scene of the accident, Barney was intoxicated. Ablood test taken at the hospital indicates that Barney has a BAC of.21.
During his questioning by the police officer, Barney admits tohaving had a couple beers at Moe’s Bar in Plant City. The bar issignificantly off course from your Frostproof warehouse to theKwik-E-Mart in Davenport. Based upon that BAC level and theofficer’s observations, Barney is arrested for DUI. Theelderly occupants of the car, including your former professor, suesyour company based upon their injuries in the10th Circuit Court.
5. A. What monetary amount of the action mustyour former professor claim in his lawsuit to establishjurisdiction in the Florida 10th Circuit Court?[Remember: the amount was increased by statutory amendment inFlorida on January 1, 2020].
B. Barney is charged with felony DUI becauseof a prior DUI conviction within 10 years. What Florida state courthas jurisdiction?
6. A. What tort would serve as the basis forthe lawsuit by your former professor?
B. What elements will your former professorhave to prove in order to win the case based upon thistort?
C. In addition to suing Barney Grumble in the10th Circuit Court, your law professor has suedyour business as well. What legaldoctrine does he argue provides a basis for filing a legalaction in the Circuit Court against your business?
D. What defense could your business raise tobeing named a defendant in their case?
7. One of your fellow ownerschastises you for hiring Barney as a driver after he mentionedduring his interview for the job that he was a recoveringalcoholic. A. What federallaw do you cite as justifying the hiring that may havesubjected you to a claim of employment discrimination had younot? B. Inwhat year was this statute passed and bywhat legislative body? C. In what federalcourt could Barney bring an action if it was alleged that yourcompany violated this federal law? D. Could Barney'slawyer also bring a legal action on his behalf based upon Title VIIof the Civil Rights Act of 1964? Explain why or whynot.
8. In the accident, the 100 cases of Duff’s beer meantfor the Kwik-E-Mart were destroyed. The brewery making Duff’scannot ship any more of the product for at least two months.Kwik-E-Mart has brought a breach of contract action claim againstyour business for failing to deliver the 100 cases of beer. A. Does Article 2 of the Uniform Commercial Code applyto these facts? Why or why not? B. What isyour company's possible defense to that claim?
For Question 9:
Polk County has sent you a letter indicating that it is takingthe land where your distribution warehouse is for to construct asports and recreation facility to be run by a private developer.They offer you $100,000 for the land’s Polk County’s current taxappraisal. However, a real estate agent tells you that the propertyis worth on the market at least $250,000.
9. What power is Polk County exercising and underwhat Amendment to the US Constitution is itgranted?
10. Assume that you sell and deliver 100 cases of beerto Moe’s Tavern in Springfield, Florida in northern Polk County for$15.00 per case. Payment of one-half the total was due upondelivery, a sum of $750 which Moe’s owner paid, with the remainingamount due in 30 days. 60 days have elapsed, and despite sendingMoe’s 2 letters, no payment has been received by your business.What creditor remedies can you seek to recover theremaining $750 owed to you by Moe’s? Moe’s Tavern is a soleproprietorship.