discussion post for a business law class


Since this is a discussion there is no need for a title page. Here are the instructions:

This is the follow-up to Applying Legal Concepts Part 1. In this activity:

  • Pick one of the five case study questions.
  • Tell us the legal concept you chose.
  • Explain how you got to that answer (for instance, pick out a sentence or two from the case study that led you to that decision.)
  • Respond to two peers’ initial posts.

Remember, this is your first exercise in applying legal concepts. It is not unusual for one’s first response to be different from the actual answer. The important thing is to go back and identify what it is in the case that makes a legal concept applicable to that case.

Here is the mini-case to be discussed:

Contaminated Water Case

Plaintiff Jane moved from Big City to the southern suburbs. She purchased a house on five acres of land. She realized that she had to get used to country living. She missed all of Big City’s everyday conveniences. However, she vowed never to leave her new home and enjoyed the tremendous peace and quiet of the burbs. She was especially looking forward to using her well-water system of what she thought was the biggest plus, fresh ground water. Before she moved in, she installed a top of the line filtration system. Little did she know that Big City’s now filled to capacity landfill was located about a mile from her new house. One day while preparing to make a pitcher of fresh lemonade, she noticed something floating in the water. Thinking it was something that fell in the pitcher; she poured out the water and refilled it with fresh water. Carefully examining the pitcher, she noticed that there was a lot more floating the pitcher. Thinking it maybe was a result of her new filtration system, she called the company to test the system. The company indicated that it checked the system and it was working properly. The company indicated that she was not the only one to have this complaint in the last month or so. The water filter company indicated that they believed contaminates are leaching from the landfill into the fresh water aquifer. With the water filter company’s report in hand, Jane drives into Big City to discuss the situation with her lawyer. She contends she should be able to sue under the Federal environmental laws regarding groundwater contamination. What is the initial requirement she must determine?

The legal concept to apply is: Standing (Right) to Sue