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Within that case, you will find mentioned the
second case: Nordmann v. National Hotel Company, 425 F.2d. 1103 (5th Cir. 1970). That case
establishes the basis by which the court in Margreiter determined the level of duty the New Hotel
Monteleone owed to Mr. Margreiter. It may help you with the remainder of this homework.
Read both cases. Then, answer the questions below.
Here are the cases: Margreiter case Nordmann case
1. During an appeal, the appeals court is required to rely on the evidence submitted during
the trial. The "record," which is made by both parties during the trial, including all objections and
other submissions of evidence, is binding on the appeals court, unless it was erroneous or not
reasonable to believe or accept that evidence. Further, decisions of fact and credibility are typically
left to the jury to make, and appeals courts prefer not revisiting those decisions (unless they are
beyond the weight of the evidence or defy credulity.) Because the jury can weigh the body
language of the witnesses during trial, and the record on appeal can't show that, appeal …show more content…
Make sure to set out the steps of the model and apply your reasoning
and facts to the model in your answer. (Points : 10)
Yes I agree with the decisions of both cases and that they were both ethical in nature because it was
a clear negligence in duty of the hotels to protect the guest. “Failure to perform duty” and
subsequent damages because of that were considered by the court before a verdict was reached.
From the perspective of Ethical theory concerned with duties and rights hotels had a duty to
provide reasonable security to its customers but the hotels did not provide such security. From the
perspective of substantial ethics if hotels do not provide security, incidents of robbery, rape,
assault and battery will increase. The Wall Street Journal Model – Margreiter Case The steps are -
Is it legal duties of the hotel to keep the guest safe from third party? What the impact on
shareholders is? What the impact on the employees is? What the impact on customers is?
second case: Nordmann v. National Hotel Company, 425 F.2d. 1103 (5th Cir. 1970). That case
establishes the basis by which the court in Margreiter determined the level of duty the New Hotel
Monteleone owed to Mr. Margreiter. It may help you with the remainder of this homework.
Read both cases. Then, answer the questions below.
Here are the cases: Margreiter case Nordmann case
1. During an appeal, the appeals court is required to rely on the evidence submitted during
the trial. The "record," which is made by both parties during the trial, including all objections and
other submissions of evidence, is binding on the appeals court, unless it was erroneous or not
reasonable to believe or accept that evidence. Further, decisions of fact and credibility are typically
left to the jury to make, and appeals courts prefer not revisiting those decisions (unless they are
beyond the weight of the evidence or defy credulity.) Because the jury can weigh the body
language of the witnesses during trial, and the record on appeal can't show that, appeal …show more content…
Make sure to set out the steps of the model and apply your reasoning
and facts to the model in your answer. (Points : 10)
Yes I agree with the decisions of both cases and that they were both ethical in nature because it was
a clear negligence in duty of the hotels to protect the guest. “Failure to perform duty” and
subsequent damages because of that were considered by the court before a verdict was reached.
From the perspective of Ethical theory concerned with duties and rights hotels had a duty to
provide reasonable security to its customers but the hotels did not provide such security. From the
perspective of substantial ethics if hotels do not provide security, incidents of robbery, rape,
assault and battery will increase. The Wall Street Journal Model – Margreiter Case The steps are -
Is it legal duties of the hotel to keep the guest safe from third party? What the impact on
shareholders is? What the impact on the employees is? What the impact on customers is?