Question

In a 1992 case entitled Goodman v. Wenco Foods, Inc., the North Carolina Supreme Court ruled...

In a 1992 case entitled Goodman v. Wenco Foods, Inc., the North Carolina Supreme Court ruled that when a substance in food causes injury to someone consuming the food, just because the substance was natural to the food will not bar recovery against the seller of the food. If, in a 2019 case involving a consumer’s injury caused by a fish bone in a bowl of fish chowder, the court follows the decision in Goodman v. Wenco Foods, Inc., the court's action in the second case is an example of

a)

in rem jurisdiction

b)

federal law

c)

res judicata

d)

legislative stasis

e)

stare decisis

Anthony, who is an enthusiastic graduate student actively involved in various political issues, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue that employer in an effort to improve matters. Anthony also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Anthony says that those justices will surely hear him out and that he will also seek a jury. Although he is not a lawyer, Anthony believes that the offenses of the employer are so severe that the justices will appreciate his attempt to make things better for the employees involved. Regardless of what court is involved, can Anthony act as plaintiff for the employees?

a)

Yes, so long as they file no objection.

b)

Yes, so long as he gets permission slips from them.

c)

Yes, so long as he gives any money he receives to them.

d)

No, because he lacks standing.

e)

No, because venue is lacking.

Just need help with these, please and thank you!

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Answer #1

1. The court’s action in the second case is an example of stare decisis. Hence, option(E) is correct.

2. Regardless of what court is involved, No, Anthony cannot act as plaintiff for the employees because he lacks standing. Hence, option(D) is correct.

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