Question

Analyze the following factual disputes. Would these disputes result in a civil case, a criminal case, or both? Explain your answer. If a civil case would result, who would be the plaintiff and who would be the defendant?
a. Baron and Finkle sign a written contract in which Baron agrees to build a room
addition to Finkle’s house. When the contract was signed, Finkle gave Baron a $1,000 deposit. Before construction was to begin, Baron called Finkle and told him he would not be able to do the work. Baron has not returned the $1,000 deposit.
b. Martin sets fire to a building he owns in order to collect insurance. c. Reese works as a software engineer for DATA Corp. and has been involved in the
design of a new computer chip. He has signed a confidentiality agreement with DATA Corp. and has agreed that all products developed by him while working for DATA belong to DATA. Reese has a dispute with DATA over salary and leaves. He sells the design for the computer chip to DISK Corp., his new employer. DISK knows that the chip design was developed while Reese was working for DATA.
d. Bates, in a fit of anger, kills his wife. The couple has two minor children. e. Rosemond Corporation is engaged in a business that produces by-products that
pollute water. It illegally dumps the by-products. Children in a nearby area de- velop a high incidence of cancer.

Answer 1

Answer:

a. This is a civil case, Because Finkle has not stolen the money from Baron, it can be assumed that Finkle has lost the money, so he needed time to saved up the money and return it to Baron.

Baron will be the plaintiff, while Finkle will be the defendant.

b. This is a civil case and also a criminal case, because Martin has broke the law of proximity cause in the principles of insurance, in order to extort money from the company, in which punishment can be either fine payment or jail.

The insurance company will be the plaintiff, Martin will be the defendant.

c. This is a civil case, because it is a bridge of agreement, which can be settled with payment of fines.

DATA will be the plaintiff, DISK will be the defendant, because DISK has allowed Reese to produce this design for them.

d. This is a criminal case, because Bates has committed murder, which is offensive to the society, it is also a civil case, because he has to pay a fine for the well being of the little children.

A prosecutor will be the plaintiff, while Bates will be the defendant.

e. This is a civil case, because Rosemond corporation has broke the law, which affects the people living around.

A law enforcement agent, or the parents of the children will be the plaintiff, while Rosemond will be the defendant.