A small group of citizens in Colorado is furious that marijuana was legalized in Colorado. The group begins holding loud protests outside of stores where marijuana is sold. The protestors hold signs saying things like “MARIJUANA KILLS” and “REEFER MADNESS IS REAL.” The state legislature is concerned that this is negatively impacting the marijuana industry in the state. Therefore, it passes a law that prohibits protestors from holding signs with anti-marijuana messages. The legislature claims that the law is meant to protect the public from receiving false information since there is no scientific evidence that marijuana is a deadly drug. A group of protestors files a lawsuit arguing that the law is unconstitutional.
What level of scrutiny will a court apply to determine whether or not the law is constitutional? Why? (Short Answer, 2 points)
Based on your answer to #1, how do you believe the court will decide the case? Explain your answer. (Short Essay, 5 points)
Facts for Questions 3-6
Michael is a software developer who is hired by TechCo, Inc. on a five year employment contract. Michael is a resident of Maryland. TechCo, Inc. is incorporated in Delaware and its headquarters are located in Madison, Wisconsin. Michael applied for the job after seeing a job posting placed by TechCo in several of the major newspapers in Maryland. Michael works from home in Maryland. His manager, Linda, works from TechCo’s headquarters in Wisconsin. Each week, Linda calls Michael several times to check on the status of his work. Linda and Michael also exchange emails several times a day. TechCo deposits Michael’s paycheck every two weeks in Michael’s bank account at his bank in Maryland. However, Michael is TechCo’s only Maryland employee. None of the TechCo executives working at the Wisconsin headquarters has ever traveled to Maryland on business.
After Michael has worked for TechCo for three years, Linda calls and tells him that the company must terminate Michael’s employment because the company is having financial difficulties. Michael believes that TechCo has breached its employment contract with him. Michael wants to file a breach of contract lawsuit under state law in a Maryland state court. He is seeking $100,000 in his suit.
Would a Maryland state court have subject matter jurisdiction over Michael’s claim? Why or why not? (Short Answer, 2 points)
Michael learns that the Maryland state courts are extremely slow and that filing fees are very high. He is now considering filing his lawsuit in a federal district court. Would a federal district court in Maryland have subject matter jurisdiction over Michael’s claim? If so, on what specific basis? (Short Essay, 5 points)
Would a Maryland state court be able to exercise personal jurisdiction over TechCo, Inc.? Assume that Maryland has a long-arm statute that provides that Maryland courts may exercise personal jurisdiction to the extent permitted by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Again, be sure to provide thorough analysis for your answer. (Short Essay, 5 points)
Would a Delaware state court be able to exercise personal jurisdiction over TechCo, Inc. if Michael decided to file a lawsuit there? Why or why not? (Short Answer, 2 points)