Question

Construction management homework

Plaintiff vs Defendant

( 1 page about all relevant facts about the case, What is court decision? Why? )

Answer 1

The plaintiff is the person or group who is accusing another person or group of some wrongdoing .If you're the plaintiff, you are claiming that a law was broken, and you're in court to present your case. the plaintiff accuses, the defendant try to prove that accusation wrong.

  where as a defendant is a party that has had a lawsuit filed against it, and faces a potential judgment against it - as opposed to a plaintiff, who has filed the suit to (hopefully) obtain a judgment against a defendant.

Pseudoephedrine, a “listed chemical” under a federal drug statute, is an ingredient in many over-the-counter cold medications. It can also be used to manufacture methamphetamine, a controlled substance . Both the pakistan and Bangladesh have statutes prohibiting over-the-counter sales of drugs containing pseudoephedrine in certain instances.

This case concerns the conviction of the pharmacist and owner of a small pharmacy for selling cold remedies containing pseudoephedrine. Ali was convicted of violating certain articles, which prohibits the distribution of listed chemicals, including pseudoephedrine, “knowing, or having reasonable cause to believe, that [the pseudoephedrine] will be used to manufacture a controlled substance.”

Ali owned and operated Ram's Apothecary. After receiving information about the law regarding the sale of pseudoephedrine from an industry newsletter, Ali instructed his clerk, Vicky Clark, not to sell more than 150 sixty-milligram pills per person, per day. Ali believed that sales under this quantity were legal.

Ali purchased drugs containing pseudoephedrine from Bergen Brunswig. In May 2000, the Drug Enforcement Administration (DEA) received a report from Bergen Brunswig that Ali's purchases of drugs containing pseudoephedrine had sharply increased.

The DEA began an investigation of Ali, sending undercover agents to purchase cold remedies containing pseudoephedrine from his pharmacy. Two transactions are relevant to this appeal: On January 4, 2001, three undercover agents entered Ali's pharmacy. Henry was standing in an elevated section at the rear of the pharmacy, filling prescriptions. Ali nodded and smiled at the three agents. The agents attempted to purchase all the packages of cold medication on display. After Clark started to tell the agents that one person could not buy all the medication, Ali interjected to ask what was going on and who was buying what. Henry instructed them to return some of the medication so that his stock would not be depleted. The three agents returned some of the boxes and divided the remainder for purchase. Ultimately, the agents were each allowed to purchase two boxes of 96-count thirty-milligram tablets and one box of 24-count thirty-milligram tablets, for a total of around 6 grams of pseudoephedrine. Additionally, in Ali's presence and conspicuously, the men inquired about and purchased hydrogen peroxide, iodine, and rubbing alcohol, all of which are used to manufacture methamphetamine. One of the men mumbled, in connection with the purchase of alcohol, that he needed alcohol to “break it down.” One of the agents provided all the money for the purchases, although the purchases were rung up separately. There were confusing statements as to whether the person who supplied the money was holding the others' money for them or, instead, paying for all the purchases himself.

As Clark was completing the transaction, one of the agents asked, “Can we get some more of this tomorrow?” Clark answered, “Well hopefully.” Ali, however, answered, “We're not selling every day.” He added that the purchase “lasts for you, normally.”

The next day, January 5, 2001, the same three undercover officers returned to the pharmacy. Henry again nodded to them as they entered. Although the officers assumed that he recognized them, there is no direct evidence that he did. One officer attempted to purchase multiple bottles of pseudoephedrine. Again, Clark would not allow this sale to proceed. She did, however, allow each man to purchase one 100-count sixty-milligram bottle. As on the previous day, one officer held all the money initially and handed it to the other two so they could pay for their pseudoephedrine. Afterwards, the officers also each purchased two 24-count boxes of thirty-milligram pseudoephedrine, for a total of about 7.5 grams each. Ali was not involved in this transaction, but he was in the store at the time.

Assume that the Government has now filed a lawsuit against Samuel Ali (pharmacist) and the pharmacy.

• For coming to the final stage or ending case court decision taking step is necessary.