Online Companion: Legal Research

Chapter 7
WEB ASSIGNMENTS

ASSIGNMENT 1

Facts
Client suffered serious injuries at work when she fell 30 feet off a conveyor designed to carry employees from one work level to another. She was injured when the conveyor malfunctioned and failed to stop when she reached the top of the lift. The conveyor had been in use for 25 years, and her employer replaced it the day after the accident. The employer dismantled the conveyor and disposed of many of the important parts. It appears that the employer intentionally disposed of the parts. The disposal of these parts may prejudice the client’s ability to recover in any product liability lawsuits against the corporations involved in the manufacture, distribution, inspection, or servicing of the conveyor.

Questions
The following questions are designed to determine whether there is a possible cause of action against the employer for disposing of the conveyor parts and thus frustrating any tort claims against the manufacturers, distributors, and such of the conveyors. In essence, the actions of the employer involve interference with property rights (the right to bring a lawsuit) and the spoiling of evidence.

A. What section of Am. Jur. 2d addresses this topic?
B. Give the citation to a 1987 Kansas case that addresses this topic.
C. Locate a 2000 A.B.A. Journal article on the destruction of evidence.

ASSIGNMENT 2
Refer to the treatise The Law of Torts by Dobbs. In regard to Malicious Prosecution and the institution of criminal proceedings, does a complaint to authorities that does not result in an arrest, indictment, or information constitute the initiation of criminal proceedings?

ASSIGNMENT 3
Refer to the treatise The Law of Torts by Dobbs. In what section is Harrison v. Middlesex Water Co. discussed?

ASSIGNMENT 4
Refer to Web Assignment 1. Locate an A.L.R. citation that discusses interfering with a potential civil action through destroying or spoiling evidence.

ASSIGNMENT 5
Refer to the A.L.R. citation located in Assignment 1. Does the state of Arizona recognize spoliation of evidence as a separate tort? Which Arizona court decision answers this question?

ASSIGNMENT 6
Which A.L.R. federal annotations discuss the case of Rios v. Butz, 427 F. Supp. 534 (N.D. Cal. 1976)?

ASSIGNMENT 7
A. Which Am. Jur. 2d title and section addresses 42 U.S.C.A. § 12101(A)?
B. What is the purpose of the act?

ASSIGNMENT 8
Refer to the 10th Decennial Digest. What is the title and number of the torts key number that addresses the destruction or spoiling of evidence?

ASSIGNMENT 9
Refer to the General Digest 10th series. Under which digest topics and key numbers is the case of Hester v. State, 251 Ga. App. 627, 555 S.E.2d 13 (2001)?

ASSIGNMENT 10
Refer to Shepard’s Federal Citations. Which Federal Reporter 3d case follows United States v. Schuman, 127 F.3d 815 (9th Cir. 1997)?

ASSIGNMENT 11
Refer to Shepard’s Pacific Reporter Citations. Which A.L.R. annotation is referenced in regard to Gilson v. State, 8 P.3d 883 (Okla. Crim. App. 2000)?