FACT PATTERN

Judd started a new company, Tireless Textbooks, an LLC. He formed the LLC in Alabama with his high school friend, Richie. The business buys textbooks from an online website called “eAuction”. Judd travels to college campuses across the United States and sells the used textbooks to students and universities. Richie does not actively participate in the business other than managing the accounts. Richie provided the start-up money.

Judd travels to Florida to sell textbooks to the University of Florida’s bookstore, Gator’s Books. After selling hundreds of books, Judd decides to celebrate and goes to Miami Beach to have some fun. Judd ends up getting into a bar fight at Sneaky’s Tavern with Arnold, a law student from Texas. Judd and Arnold each blame the other for starting the fight. Arnold has medical bills for $250. Judd has medical bills for $200.

After Judd was arrested at Sneaky’s Tavern in Miami, the police searched Judd’s car and found a trunk full of textbooks. After an investigation, the police found out that the textbooks were stolen. The textbooks originally belonged to Pink Publishing, a New York company that reported the theft two months ago.

Judd says he did not know the books were stolen when he bought them at eAuction. Judd also said he did not give the police permission to search his car.

Judd demands that Tireless Textbooks must pay his medical bills and lawyer fees. Richie disagrees and refuses to cover the costs.

Pink Publishing contacts Gator’s Books and demands payment for the textbooks. Gator’s Books refuses and claims it did not know the books were stolen.

Judd quits Tireless Textbooks and moves to St. Simmons Island in Georgia. Consider the possible causes of action:

ž   Arnold v. Judd in state court for battery.

ž   Judd v. Arnold in state court for battery.

ž   People v. Judd in state court for the theft of textbooks.

ž   People v. Judd for in state court against Judd for assault and battery.

ž   United States v. Judd for the transportation of stolen goods.

ž   Judd v. Tireless Textbooks LLC and Richie for payment of the medical bills.

ž   Gator’s Books v. Tireless Textbooks LLC and Judd for fraud.

ž   Pink Publishing v. Gator’s Books and Tireless Textbooks LLC for the return of stolen property or money damages.

 QUESTIONS – Explain your answer in a few sentences. Two (2) points for each question.

1.                  Arnold v. Judd in state court for battery. In what state(s) is the action for battery likely to be filed, and why?

 2.                  Arnold v. Judd in state court for battery. What type of cause of action is “battery” in this case? Is the action civil or criminal, tort, or contract?

 3.                  The United States v. Judd for the transportation of stolen goods. In what federal district is the action likely to be initiated, and why?

4.                  People v. Judd in state court for the theft of textbooks. In what state (s) is the action likely to be filed? Is this case civil or criminal?

 5.                  Judd claims he never allowed the police to search his car for the textbooks. What Amendment to the United States Constitution provides a possible defense for Judd?

6.                  People v. Judd in state court for the theft of textbooks. Under what theory of evidence may Judd use to bar evidence from the search to come to the trial?