CASE ANALYSIS 1 1. Chris Rock v. Larry the Cable Guy The main issue in this case is whether Larry the Cable Guy should be granted the appeal on the default ruling considering his argument that he was not properly notified. This is a motion to vacate default judgement. Rule 60(b) (1) provides grounds for relief from a final judgement stating that a judge might relieve a party from a final judgement order based on “… mistake, inadvertence, surprise or excusable neglect.” Where default judgement is made against a defendant, there are provisions within the law that allow them to seek to vacate or set aside the decision. Rule 60 provides grounds for Relief from a judgement or order. The grounds that the petitioner makes his case are that there was a contravention of Rule 4 as it provides for in the procedure for summons notification in order to reverse the default judgement against him that was based on Rule 55 (a) as (c) states that “…(c) The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).” A similar ruling was made in the case of Kirtland v. Fort Morgan Auth. Sewer Serv., Inc. The court threw out the motion to set aside the request the default judgment based on Rule 55(c) which gave it the discretion to “set aside an entry of default at any time before judgment”. As such, all other provisions withstanding, it was still the court’s discretion to allow or disallow the application as guided by the premise of the law. As Larry had constantly received but ignored notifications of the summons, and he was well aware that in breaching the contract he stood culpable and therefore liable for legal action, his appeal should be declined and the default judgement declined. In arriving at this decision, it is important to consider that all summonses had been done in line with Rule 4 and Larry knew about them and chose to avoid them. This disqualifies him from being able to use the Rule 60 (b) (1) provision as he had no excusable neglect and there were no clerical errors. A consideration of Rule 59 (e) which provides that "A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment" should also be made. The default judgment should be affirmed and the appeal thrown out. 2. W.R. Reeves v. Central of Georgia Railway Company The main issue in this case is whether admission of testimony by Reeves by the judge in light of the provisions of the Federal Employers Liability Act contributes to a reversible error. This is a liability for negligence case whose main focus is on the possibility of legal error. The Federal Employers Liability Act provides substantial grounds for a railroader worker to be compensated should there be injuries while on the job. The Central of Georgia Railway Company had a vicarious liability to compensate Reeves. The Federal Employers Liability Act was mainly designed to offer compensation for some of ...

1. CASE ANALYSIS 1
1. Chris Rock v. Larry the Cable Guy
The main issue in this case is whether Larry the Cable Guy
should be granted the appeal on the default ruling considering
his argument that he was not properly notified.
This is a motion to vacate default judgement. Rule 60(b) (1)
provides grounds for relief from a final judgement stating that a
judge might relieve a party from a final judgement order based
on “… mistake, inadvertence, surprise or excusable neglect.”
Where default judgement is made against a defendant, there are
provisions within the law that allow them to seek to vacate or
set aside the decision. Rule 60 provides grounds for Relief from
a judgement or order. The grounds that the petitioner makes his
case are that there was a contravention of Rule 4 as it provides
for in the procedure for summons notification in order to
reverse the default judgement against him that was based on
Rule 55 (a) as (c) states that “…(c) The court may set aside an
entry of default for good cause, and it may set aside a final
default judgment under Rule 60(b).”
A similar ruling was made in the case of Kirtland v. Fort
Morgan Auth. Sewer Serv., Inc. The court threw out the motion

2. to set aside the request the default judgment based on Rule
55(c) which gave it the discretion to “set aside an entry of
default at any time before judgment”. As such, all other
provisions withstanding, it was still the court’s discretion to
allow or disallow the application as guided by the premise of
the law.
As Larry had constantly received but ignored notifications of
the summons, and he was well aware that in breaching the
contract he stood culpable and therefore liable for legal action,
his appeal should be declined and the default judgement
declined. In arriving at this decision, it is important to consider
that all summonses had been done in line with Rule 4 and Larry
knew about them and chose to avoid them. This disqualifies him
from being able to use the Rule 60 (b) (1) provision as he had
no excusable neglect and there were no clerical errors. A
consideration of Rule 59 (e) which provides that "A motion to
alter or amend the judgment shall be served not later than 10
days after entry of the judgment" should also be made.
The default judgment should be affirmed and the appeal thrown
out.
2. W.R. Reeves v. Central of Georgia Railway Company
The main issue in this case is whether admission of testimony
by Reeves by the judge in light of the provisions of the Federal
Employers Liability Act contributes to a reversible error.
This is a liability for negligence case whose main focus is on
the possibility of legal error. The Federal Employers Liability
Act provides substantial grounds for a railroader worker to be
compensated should there be injuries while on the job. The
Central of Georgia Railway Company had a vicarious liability
to compensate Reeves.
The Federal Employers Liability Act was mainly designed to
offer compensation for some of the injuries but not all the
related costs are thereby imposed as the Act does not make the
employers insurers. The only liability imposed by the act is the
liability for negligence. Admission of evidence that would
considerably disenfranchise the employer as the defendant

3. therefore should be guided by the interpretation of relevant
laws. The evidence that was given by Reeves was best sought
from a qualified physician as provided by Article VII of the
Federal Rules of Evidence.
Lavender v. Kurn, 327 US 645 - Supreme Court 1946 considers
the use of evidence that could result to irreversible error in a
case that used hearsay evidence. The ruling provided that
reversible error only appears where “… there is complete
absence of probative facts that support the conclusions.” The
testimony presented by Reeves has no weighed value against the
already provided probative facts and is therefore of no
consequence for him. It however prejudices the defendant. Rule
701 (c) provides that where a witness is not testifying as an
expert, their evidence cannot be “based on scientific, technical,
or other specialized knowledge within the scope of Rule 702.”
The evidence should therefore be from an expert in Article VII.
According to Rule 403 on Excluding Relevant Evidence for
Prejudice, Confusion, Waste of Time, or Other Reasons,
relevant evidence could be excluded if it leads to unfair
prejudice and could mislead the jury. According to Rule 105 the
court could admit the evidence, on timely request, could use the
evidence but restrict it “…to its proper scope and instruct the
jury accordingly.” In consideration that the employer is not to
be considered an insurer according to the act, the evidence is
not admissible and allowing it will lead to reversible error.
3. Paris Hilton v. Lindsey Lohan
The main issue in this case is what argument should be made by
an attorney for Paris Hilton in light of the prevailing
circumstances leading to the award of a default judgement to
Lindsey Lohan against her.
The case involves issues in breach of contract and vacating a
default judgement in light of legal procedures followed.
According to Article 10 of the Universal Declaration of Human
Rights, every individual has a fundamental right to a free and
fair judicial hearing and there is need for the process to be

4. procedural.
The purpose of the due process of the law is to ensure that every
one is well protected from unfairness in substantive and
procedural law. As such there are laid out methods that should
be used to enforce legal rights in judicial processes without
intrusion or omission. The impartiality of judicial officers is
important and they should be objective when dealing with all
regardless of their personal feelings towards them. It is
important to ensure that in exercising their mandate towards
such people they follow the set procedures of the law. These are
provided for on the basis of natural justice.
This issue was examined in R v. Bow Street Metropolitan
Stipendiary Magistrate ex parte Pinochet. In the case, Lord
Hoffmann’s judgement was set aside due to possible bias. In
consideration, the bias disenfranchised Pinochet of his rights as
the House of Lords judge was linked to Amnesty International
thereby increasing the possibility of personal bias.
While the summons and notification were procedurally done,
the attorney needs to check for clerical mistakes to be the basis
of the motion of vacation. It is also important to establish Paris’
excusable negligence. The attorney then needs to dispute the
impartiality and fairness of the judge and the procedural
irregularities in seeking justice in a different state.
References
Kirtland v. Fort Morgan Auth. Sewer Serv., Inc., 524 So. 2d 600
(Ala. 1988).
Lavender v. Kurn, 327 US 645 - Supreme Court 1946
R v. Bow Street Metropolitan Stipendiary Magistrate ex parte
Pinochet, 2001 A.C.1 119 (2001).
Question 1
1. A random sample of 121 mortgage loan applications was
selected and it was found that the mean number of days from

5. application until closing was 65 days. From past information, it
is known that the standard deviation of the population is 22
days. The standard error of the mean is _________________.
22.00
96.60
4.24
2.00
4 points
Question 2
1. A random sample of 121 mortgage loan applications was
selected and it was found that the mean number of days from
application until closing was 65 days. From past information, it
is known that the standard deviation of the population is 22
days.
If instead of 121, the sample size was 100 and allother factors
remain unchanged, the confidence interval to estimate the
population mean (μ) would ________________________.
not change
become narrower
become wider

6. become zero
4 points
Question 3
1. A consumer products company wants to increase the
absorption capacity of a sponge. Based on past data, the average
sponge could absorb 3.5 ounces. After the redesign, the
absorption amounts of a sample of sponges were (in ounces):
4.1, 3.7, 3.3, 3.5, 3.8, 3.9, 3.6, 3.8, 4.0, and 3.9.
At the 0.01 level of significance, what is the decision rule to
test if the new design increased the absorption of the sponge?
Reject null hypothesis if computed t is less than 2.580.
Reject null hypothesis if computed t is greater than 2.821.
Reject null hypothesis if computed z is 1.96 or larger.
Reject null hypothesis if computed t is less than 2.764.
Question 7
1. An electronics retailer believes that, at most, 40% of their
cell phone inventory was sold during November. The retailer
surveyed 80 dealers and found that 38% of the inventory was
sold. Since 38% is less than 40%, is this difference of 2
percentage points sampling error or a significant difference?
Test at the 0.05 level. The computed z = -0.37.
The 2% is a significant difference.
We cannot determine if the 2% is a significant difference.

7. There is not enough information to reach a conclusion.
None Apply.
4 points
Question 8
1. The claim that "40% of those persons who retired from an
industrial job before the age of 60 would return to work if a
suitable job was available" is to be investigated at the 0.02
significance level. If 74 out of the 200 workers sampled said
they would return to work, what is our decision?
Do not reject the null hypothesis because -0.879 lies in the
region between +2.326 and -2.326.
Do not reject the null hypothesis because -0.879 lies in the
region between +2.5760 and -2.576.
Reject the null hypothesis because 37% is less than 40%.
Do not reject the null hypothesis because 37% lies in the area
between 0% and 40%.
4 points
Question 9
1. The mean annual income of certified welders is normally
distributed with a mean of $50,000 and a population standard
deviation of $2,000. The ship building association wishes to
find out whether their welders earn more or less than $50,000
annually. The alternate hypothesis is that the mean is not
$50,000. If the level of significance is 0.10, what is the decision
rule?

8. Do not reject the null hypothesis if computed z lies between -
1.645 and +1.645; otherwise, reject it.
Do not reject the null hypothesis if computed z is greater than
1.645; otherwise, reject it.
Do not reject the null hypothesis if computed z lies between -
1.960 and +1.960; otherwise, reject it.
Reject the null hypothesis if computed z is below -1.960;
otherwise, reject it.
4 points
Question 10
1. It is claimed that in a case of auto parts, less than 10% are
defective. A sample of 400 parts is examined and 50 are found
to be defective. What is the null hypothesis?
H0: p ≠ 0.10
H0: p ≥ 0.10
H0: p ≤ 0.10
H0: p < 0.10
4 points
Question 11
1. It is claimed that in a case of auto parts, less than 10% are

9. defective. A sample of 400 parts is examined and 50 are found
to be defective. What is the alternate hypothesis?
H1: p ≥ 0.10
H1: p > 0.10
H1: p ≤ 0.10
H1: p < 0.10
4 points
Question 12
1. It is claimed that in a case of auto parts, less than 10% are
defective. A sample of 400 auto parts is examined and 50 are
found to be defective. What is the p-value?
0.0250
0.4525
0.9525
0.0500
Question 15
1. There are 2,000 eligible voters in a precinct. A total of 500
voters are randomly selected and asked whether they plan to
vote for the Democratic incumbent or the Republican
challenger. Of the 500 surveyed, 350 said they would vote for

10. the Democratic incumbent. Using the 0.99 confidence
coefficient, what are the confidence limits for the proportion
that plan to vote for the Democratic incumbent?
0.647 and 0.753
0.612 and 0.712
0.397 and 0.797
0.826 and 0.926
4 points
Question 16
1. The mean weight of trucks traveling on a particular section of
I-475 is not known. A state highway inspector needs an estimate
of the population mean. He selects and weighs a random sample
of 49 trucks and finds the mean weight is 15.8 tons. The
population standard deviation is 3.8 tons. What is the 95%
confidence interval for the population mean?
14.7 and 16.9
13.2 and 17.6
10.0 and 20.0
16.1 and 18.1
Question 21

11. 1. A survey of 25 grocery stores revealed that the mean price of
a gallon of milk was $2.98, with a standard error of $0.10. If
90% and 95% confidence intervals were developed to estimate
the true cost of a gallon of milk, what similarities would they
have?
Both have the same confidence level
Both use the same t statistic
Both use the same z statistic
Both use the same point estimate of the population mean
CRM 123 – Case Analysis Instructions
Purpose
The goals of this assignment are to provide a valuable skill and
to assess your ability to comprehend and
apply case law. Reading, briefing, and applying what you are
reading in your textbook and learning in the
modules are effective ways to become literate in the process of
the U.S. legal system.
Conducting an Analysis
Before making and defending a decision, you must be familiar
with the relevant law. For our purposes,
your textbook and course material provide all the legal concepts
needed to apply the law to a factual

12. situation. Once you are familiar with the general content of the
chapter, you should be able to recognize
the issue involved in a case and find the legal concepts that will
help you decide the case. For your
reference, a sample analysis is provided at the end of this
document.
First, you will read the assigned fact patterns (provided via a
link in the module). Then, you will complete
an analysis for all fact patterns presented. Each analysis should
contain the following:
1. The main issue. Identify and write (in your own words, at
least 50% original) the central issue to be
decided. As much as possible, set the issue in legal terms and
concepts.
2. Relevant legal concepts quoted from textbook court opinions.
Search the assigned chapter for legal
concepts that will help you decide and justify your decision.
Once you find the quotations you wish to use,
copy them into the appropriate places in your analysis.
3. Relevant case law quoted from the textbook.
4. Rationale. Write (in your own words, at least 50% original) a
complete explanation about how you
used the legal concepts you cited to make a decision about how
the case should be resolved.
5. Ruling. Describe (in your own words, at least 50% original)
what should happen to the parties involved
as a result of your decision.
Submit your Case Analysis to the Dropbox no later than Sunday
11:59 PM EST/EDT of the assigned

13. module. (The Dropbox baskets for these assignments are linked
to Turnitin.)
Grading Rubric
Ratings:
Exceptional corresponds to an A (90-100). Performance is
outstanding; significantly above the usual
expectations.
Proficient corresponds to a grade of B- to B+ (80-89%). Skills
are at the level of expectation.
Basic corresponds to a C- to C+ (70-79%). Skills are acceptable
but improvements are needed to meet
expectations well.
Novice corresponds to a D to D+ (60-69%). Performance is
weak; the skills are not sufficiently
demonstrated at this time.
0 This criterion is missing or not in evidence.
Criteria
Ratings
0 Novice Basic Proficient Exceptional
Correctly framing the specific legal question
to be decided
12-13 14-15 16-17 18-20

14. Identifying and quoting relevant material from
the assigned chapter
12-13 14-15 16-17 18-20
Correctly applying the cited legal concepts to
your decision
12-13 14-15 16-17 18-20
The insightfulness and organization of your
rationale
12-13 14-15 16-17 18-20
Originality and writing quality 12-13 14-15 16-17 18-20
Total 100
Academic Honesty
This assignment should include your original work and be
treated as a take-home examination. You may
copy legal concepts and case law from the textbook into the
“Relevant legal concepts” and “Relevant
case law” sections, but the rest should be written “in your own
words” (at least 50% original). The
Dropboxes for all Case Analyses are linked to Turnitin, and

15. each submission will be scanned for
originality. Substantial overlap with the writing of other
students constitutes academic dishonesty and will
result in appropriate sanctions.
Sample Analysis Using Headings
Main Issue (your own words)
Has the State of Kentucky violated procedural due process by
depriving inmates of a protected liberty
right to prison visitors with our a hearing to challenge a visitor
who is banned?
Relevant Legal Concepts From Text (quoted from textbook
opinions)
Procedural Due Process - 14th Amendment – Section 1. “...nor
shall any state deprive any person of life,
liberty, or property, without due process of law; ...” (pp. 28 &
671)
Relevant Liberty Definition: “...a vast scope of personal rights.
It also infers the absence of arbitrary and
unreasonable government restraints. (p. 29)
“The due process guarantee protects people from unfairness in
the operation of both substantive and
procedural law.” Procedural law prescribes the method used to
enforce legal rights. It provides the
machinery by which individuals can enforce their rights or
obtain redress for the invasion of such rights.”
(p. 29).
Since procedural due process rights cost the government time
and money: “Courts generally therefore
generally try to balance accuracy against its cost on a case-by-
case basis.”

16. Relevant case law from text:
Melinda Speelman v. Bellingham Housing Authority “Finally,
… both the parties and the public have an
interest in ensuring that BHA administers its programs lawfully,
Contrary to … contention, Speelman is
not asking for an exception to be applied to her case. She is
asking that she be given the process due
her and everyone else in her situation. Therefore, the equities
favor granting Speelman a preliminary
injunction.” (p.38)
Rationale (your own words):
Since BHA was aware that Speelman was in jail, they had an
obligation to do more, even though they
reasonably attempted to reach Speelman. She was entitled to
more due to the unusual set of
circumstances presented in the case and the failure to take
additional action to properly serve Speelman
deprived her of her constitutionally guaranteed due process
rights and she was put in a position of facing
eviction without benefit of a hearing.

17. Ruling (your own words)
The State of Kentucky need not provide hearings for denial of
inmate visitors.
Sample Case Analysis in Essay Style
The main issue in this case is whether the State of Kentucky
violated procedural due process by
depriving inmates of a protected liberty right to prison visitors,
without a hearing to challenge a visitor who
is banned.
This is a due process case. Procedural Due Process is in the
14th Amendment – Section 1. “...nor shall
any state deprive any person of life, liberty, or property,
without due process of law...” (pp. 28 & 671). The
relevant definitions here is the definition of liberty: “...a vast
scope of personal rights. It also infers the
absence of arbitrary and unreasonable government restraints. (p.
29)
“The due process guarantee protects people from unfairness in
the operation of both substantive and
procedural law.” Procedural law prescribes the method used to
enforce legal rights. It provides the
machinery by which individuals can enforce their rights or
obtain redress for the invasion of such rights.”
(p.29) Since procedural due process rights cost the government
time and money: “Courts generally
therefore generally try to balance accuracy against its cost on a
case-by-case basis.
The Court examined this issue in Connecticut Department of
Public Safety v. John Doe, stating “In cases
such as Washington v. Constantineau (1971) and Goss v. Lopez
(1975) we held that due process

18. required the government to afford the plaintiff a hearing to
prove or disprove a particular set of facts.”
However, “...a convicted offender has already had a
procedurally safeguarded opportunity to contest.”
“Plaintiffs who assert a right to a hearing under the Due Process
Clause must show that the facts they
seek to establish in that hearing are relevant under the statutory
scheme.” (p. 46)
Since the State of Kentucky had “...established regulations to
guide prison officials in making visitation
decisions,” one could argue that an inmate’s liberty to have
visitors has been recognized. It could be
further argued that denial of a hearing to challenge the finding
that a specific visitor could be barred is
protected by due process. However, conducting court hearings
requiring an adversary proceeding could
be unduly burdensome of the state and the liberty of an inmate
has been deprived initially in a
procedurally safeguarded hearing. Deprivation of the liberty of
convicted inmates to have specific visitors
is outweighed by the burden of conducting such hearings.
The court should rule in favor of the State of Kentucky.