Author Question: Jane DeRonnee had carpet installed in her home and the carpet is not flat to the floor. In fact, it ... (Read 176 times)

aabwk4 · **on:** Jun 24, 2018

Jane DeRonnee had carpet installed in her home and the carpet is not flat to the floor. In fact, it has so many waves that she and her friends and guests have been tripping over certain areas of her home. She has tried to have the carpeting fixed and has asked both the carpet retailer and the installer to solve the problem They have both refused. Walk Jane through the correct court system for her case. Explain to her where and how to take her case. Also explain to her what happens if she loses a case along the way.

Question 2

You are the person responsible for awarding printing contracts for your company. Your friend owns his own printing company, has a good reputation, and would like your company's business. Would you award your friend any of the contracts your company awards? Why or why not? What process would you go through to weigh this decision?

britb2u · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Jane could take her case to small claims court where citizens can represent themselves. If she does not win there, she generally has a right to an appeal to the general trial court in the state for a trial de novo on the issues. If she loses at the trial court level, she can appeal the decision to the state court of appeals. If she loses there, she can petition to have her case heard by the state supreme court. It may or may not take the case on appeal. And should she lose at the state supreme court level, there is the U.S. Supreme Court. However, we should be honest with Jane. It is unlikely that the U. S. Supreme Court will take up her faulty carpet case. It is neither a social issue question or one that has produced a conflict in the circuits, the two general reasons for the U.S. Supreme Court to hear a case.

Answer to Question 2

Students should discuss:
a). The conflict of interest -- Are you awarding this contract because he is your friend or because he will do a good job? Are you awarding all the work to him or will you use several different printers? Do you stand to gain anything personally?

b.) Will you ask for competitive bids? If so, will you automatically choose the lowest bidder or will cost be only part of the decision?

c). The perception awarding the contract to your friend would create. Does your boss or supervisor know of your relationship to your friend? Does he/she approve of you awarding business to your friend?

d.) Special circumstances -- Does your friend have special capabilities that your company would benefit from?

Process: Should have competitive bids, should have supervisor approval, should have clear understanding of the expectations of the contract.