Clearly identify all of the pertinent issues involved in the facts below. Apply the rules of law to the problems and state what your decision will be as judge for a day. Support your answer clearly with reasons. Explain why.
Mary Smith, a Texas resident, loves whales and regularly goes in the summer to Boston to watch the mammals. While on a whale watching boat, the blade of the engine nicks the whale’s jaw. Horrified, Mary contacts a lawyer by cell phone to bring suit in Massachusetts on behalf of the injured mammal. Discuss Ms. Smith’s legal rights and obligations, including jurisdiction, venue, and standing. Be as thorough and creative as possible in your evaluation of the issues, rules, and application.