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Questions and Answers of
Business Law
Summarize the factual dispute in Lorilland Tobacco Co. v. Reilly. The case syllabus (summary) is found in Appendix VII
Explain how section 1139 found in Figure 4-2 might be used in the Welsh case.
Locate the following cases. For each, write the correct citation, including the year. You may use an online source such as Find law, or you may locate the cases in a print resource in a law
This 1963 case is a benchmark in criminal justice. Gideon successfully challenged the State of Florida in a battle over whether or not he was entitled to a court-appointed attorney. The issue here is
Reread the paragraphs taken from the argument made by the United States in support of the petitioner in Minnesota v. Dickerson. What techniques did the writer of these paragraphs use to make this
This landmark case established the power of judicial review. Petitioner Marbury was appointed to the court by President John Adams near the end of his term of office and did not receive his
Connecticut made it a crime to disseminate information about birth control, even to married couples. The Supreme Court held the law unconstitutional, saying that a right to privacy was inherent in
Refer to the case file at the beginning of the chapter. If you represented the students, what arguments would you make that the student's constitutional rights are being violated? If you represented
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928) Plaintiff was standing on a railroad platform. A man, carrying a small unidentifiable package, jumped aboard a railroad car. A
While appearing on stage with a horse, a television actor was injured when the horse stepped on his hand. The actor sued, claiming damages as a result of negligence and breach of warranty. The
In this case, plaintiff, Carol Burnett, sued the defendant, the National Enquirer, for compensatory and punitive damages as a result of an article published in defendant magazine. The article claimed
Brian, a twelve year old boy, sitting in a classroom and fooling around, kicked James, the boy sitting next to him. The kick was intentional. James had recently suffered an injury to the same leg. As
A television camera crew followed a group of city firefighters and paramedics with their permission. A call came in about a man having a heart attack. The camera crew and the paramedics rushed to the
Analyze the following factual situations and discuss possible torts. a. Peters points a gun at Quentin's back, Quentin being unaware of what is happening. Peters then shoots and hits Quentin. b.
This family law decision addresses the question of whether the trial court erred when it changed the custody of a child from the mother to the father. When the parents dissolved their marriage, the
A mother requested an order modifying child support after the father won an annuity worth $2 million in the state lottery. At the same time she requested the father be ordered to "pay his share of
The Supreme Court of Massachusetts was asked to give an opinion to the state senate regarding the constitutionality of proposed legislation dealing with same-sex civil unions. The legislation
This is an action brought by the heirs of Agatha Christie against a movie company and book publisher that want to distribute a movie and book, entitled Agatha, that gives a fictionalized account of a
The executor of the estate of Marilyn Monroe brought this action against various defendants as a result of the Norman Mailer book, Marilyn. The book purported to be a biography, although plaintiff
Plaintiffs in this case are the heirs and assignees of three Marx brothers, Groucho, Chico, and Harpo. They brought this action alleging that defendants appropriated the right of publicity in their
This case involves a dispute between two non-profit corporations concerning their respective rights to use Elvis Presley's name as part of their corporate name. Plaintiff was known as the Elvis
The Arkansas Supreme Court was faced with this question: Does a child, who was created as an embryo through in vitro fertilization during his parents' marriage, but implanted into his mother's womb
How is the right of publicity different from the right of privacy? See the Elvis Presley case in this chapter.
This is a case concerning trademark infringement brought by Universal, who owned the rights to the name and character of King Kong, against Nintendo, who produced the famous game, Donkey Kong.
This case involves a lawsuit by a company owned by the band, The Beach Boys, against one of their members, Al Jardine. The members of the Beach Boys incorporated two separate businesses. One
Peter, age 16, and Janet, age 25, agreed as follows. Peter, who was very religious, would pray to his favorite saint for guidance in selecting winning lottery numbers. He would give these numbers to
Zane and Linda had often discussed the sale of a Zane's restaurant to Linda. One night Zane and Linda were in a bar and again discussed the sale of the restaurant. At this time, Zane agreed in
Plaintiff (a superior court judge) utilized the services of a real estate business advertising itself as "Coldwell Banker." In fact the business was a franchise and had a written agreement with
This factually complex case involved a lawsuit brought by the Oakland Raiders football team against the NFL and the Commission of the league. The NFL conducts its business through a variety of profit
The issue in this bankruptcy proceeding is whether a debtor who was under a personal service contract is entitled to reject the contract after filing bankruptcy. In this case, the debtor, a movie and
A Partnership failed to pay employment taxes for its employees and within the proper time limitations, the I.R.S. assessed the taxes against the Partnership, but not against individual partners.
Wells filed a lawsuit against her employer Clackamas Gastorenterology Associates, P.C. alleging that the medical clinic violated the Americans with Disabilities Act of 1990 (ADA or Act) when it
While they were married to one another, John and Jane were both employed as real estate sales agents. In 1999, a year before John and Jane separated, John's accountant recommended that he create a
Charlotte Lee was named as a defendant partner in a lawsuit against a partnership. Her interest was as follows: Lee's husband had been a named partner in the business and when he died, his interest
BCBSD, Inc. was a non-profit health insurance company and Crosse was a plan participant. Crosse sued the insurance company for not distributing claiming that health insurer breached its fiduciary
Reread the facts of Kaplan. In this case, the appellate court did not find that Coldwell Banker was an ostensible agent, only that there were sufficient facts to withstand a summary judgment (a
This is a civil lawsuit brought by Twentieth Century-Fox against both Elizabeth Taylor and Richard Burton as a result of their actions during the filming of Cleopatra. The complaint contained several
Defendant, Curry, was a video disc jockey who worked for plaintiff MTV. He also engaged in activities not affiliated with MTV. While working for MTV he developed an Internet site, mtv.com. According
Betts, a California resident purchased a classic car from Hanson, a Wisconsin resident. The car was placed for sale on e-bay (a California business). The car was shipped from Wisconsin to California.
A car dealership in Ohio used the image of a famous celebrity residing California in an Internet web site promoting the car dealership. The dealership did not have permission to use the image. Cars
Read the case Good News Club v. Milford Central School found in Appendix VII. What was the nature of the lawsuit filed in the trial court? What happened in the trial court?
On January 16, 1974, petitioner and respondent signed a contract whereby the petitioner agreed to employ the respondent as his agent for a period of three years. The contract is a standard form used
The Major League Baseball Players Association and the Major League Baseball Clubs resolved a dispute regarding labor practices by establishing a fund to be distributed to injured players. The
In this criminal case, defendant Falkowski was indicted on charges related to the cultivation and distribution of marijuana. The day following the criminal indictment, the government filed civil
This criminal case deals primarily with the felony-murder rule. Defendant Roy and a friend, McHargue, were charged with two counts of robbery and two counts of first degree murder. The facts leading
In this criminal case, defendant was found guilty of aggravated kidnapping. The crime arose out of a situation involving a domestic dispute. After a fight, defendant abducted his girl friend, beat
In the Gault case, police arrested a juvenile for making obscene phone calls. After denying him substantial due process rights, Gault, age 15, was committed to an institution until he should reach
In this case, a petition was filed in the Juvenile Division of the Superior Court seeking to have the juvenile declared a ward of the court on the ground that he committed an act (armed robbery) that
Violet complained to the police as follows: After a domestic dispute, her boyfriend took away the keys to her car, forced her into his car, threatened her, and slapped her. As the boyfriend slowed
Reread the case file at the beginning of the chapter. What crimes has the client committed? Explain your answer by discussing the facts and the elements of the crimes.
Petitioner was convicted of transmitting wagering information by telephone across state lines. Evidence in this case was obtained by FBI agents placing an electronic listening device on a public
This case deals with the writ of habeas corpus and the war on terror. Alien detainees of Guantanamo sought a writ of haveas corpus in the District Court, which dismissed the case for lack of
In this case, police searched the home of appellant without a warrant. They seized obscene materials and arrested appellant. She was convicted of possession of lewd and lascivious materials in
A police officer saw two men walking back and forth in front of a store and pausing to stare in the store window. He later saw a third man join them. The officer then approached them, identified
Discuss the differences between the complaints in the Simpson and Nichols cases.
Read the case file at the beginning of this chapter. Compare and contrast the case file facts with the facts of the Mapp case. Look for similar facts, differences and factual gaps.
During a criminal trial for extortion, a psychiatrist testified regarding defendant. His testimony and opinion were based primarily on information and reports from other doctors. Defendant was
Read the following hypothetical situation after reviewing the Case File at the beginning of this chapter. Focus on the statements that may be hearsay. Tommy Rutherford and his family were staying at
This case concerns statements and evidentiary rulings made by a judge during the course of a criminal trial. The judge interrupted defense counsel during the opening statements telling him to "get to
This case concerns statements made by a prosecutor in his closing argument to the jury. In a capital murder case, the prosecutor made comments about the fact that the state of mind of the defendant
a) What is a procedural argument? b) Why did the defendant's attorney make a procedural argument? c) Is it good to allow procedural arguments? d) In a lawsuit today, would the plaintiff need to
What are students' reactions to the controversy surrounding Proposition 187 in California? A high school principal refused to comply with the law because he considered it unethical. The text supplies
a) What kind of case is this, civil or criminal? b) What is the difference? c) Who is the plaintiff and who the defendant? d) What is the key issue in this civil suit? e) Why does Pub Zone claim it
a) Did the bartender owe a duty? b) What is an argument for imposing this duty?
a) What do you need to be happy in life? b) Is money an accurate measure of happiness? Are they willing to make a trade-off between reducing their earnings to spend more time with their friends and
While waiting in line in a supermarket, you observe a woman trying to pay with food stamps. Under the law, food stamps cannot be used to pay for prepared items so the register would not accept the
You are a president of a small, highly rated, liberal college in California. Many of the dining hall workers are Latino. Some of these workers are trying to organize a union, which would dramatically
a) What is the predominate factor in determining the Saudi law on a given issue? b) Which four guilds in Saudi Arabia have survived into modern times? c) Which of these guilds are judges in Saudi
a) When a complaining party wishes to seek suspension in another agreement than that in which a violation was found, what must it prove? b) What is the smallest WTO member? c) What does the acronym
a) What types of contracts does the CISG apply to? b) What formalities associated with proving the existence of a contract does the CISG dispense with? c) When does the elimination of a formal
a) What is extraterritoriality? b) What does the Court typically apply to discern whether an Act of Congress regulating conduct applies abroad? c) What does the presumption of extraterritoriality
a) The Court of Appeals concluded that the ROI fell within Exemptions 7(C) and 6. Why didn't that end the court's analysis? b) The court concluded that disclosure was warranted with respect to
a) What is summary judgment? b) Why did Farm Bureau distinguish between misfeasance - acting wrongfully - and non feasance - failing to act? c) Did the court agree? d) It appears that the Pehles
a) What is the important issue that the Griggs case resolved? b) May such a law violate Title VII? c) Why did the court rule as it did?
a) What does it mean to remand a case? b) Why was this case remanded to the agency instead of to the lower court?
a) What if this was a search of a private home? b) Does the owner of commercial property have a different expectation of privacy than that of a homeowner?
a) Did the Does move to quash the subpoena only because they sought to block the investigation? b) If those communications were confidential, than why may the Board of Social Work abrogate the Does'
a) Other than "fair notice," what other principle did the FCC violate in this case? b) What is the source upon which the Court relies when it determines that entities must be given fair notice of
a) Where is the Commerce Clause found? b) What was the Court's opinion of the Commerce Clause as justification for the "individual mandate"? c) What Congressional power did the Court determine
a) Why is judicial review so controversial? b) Are there arguments in favor of judicial review?
a) What is the source of the President's power? b) Does Article II or any other part of the Constitution expressly grant the President power to seize private property? c) Then what is the basis for
a) Compare the government's power to regulate commercial speech with its power over other forms of speech? b) Why has the Supreme Court historically permitted greater regulation of commercial
a) What does the Takings Clause require? b) Does that mean that the government has the right to announce that it wants your house in order to build a library, and it may then take the property? c) In
a) Why is this case important? b) What were some of the factors in the decision?
a) In Enviro-Vision v Coastal Insurance Company, what critical discovery ruling helps Coastal Insurance? b) Why is the ruling so important? c) What critical ruling helps plaintiff Beth Smiles? d) If
a) Susan moves for summary judgment. The ruling? b) Suppose Bob and Susan orally agree that she can buy the car for $30,000. Bob refuses to honor the deal and she sues. Discovery indicates that Susan
a) What are three factors a court considers when establishing a reasonable hourly rate for attorney's fees? b) Why is the amount awarded to Nike, $12,332.82, less than the amount it asked for,
a) The court seems to regard Jones's allegations as trivial. In fact, hasn't she alleged disgusting behavior by her employer? How can the court regard her claims so lightly? b) What is the judge
a) When impaneling a jury, lawyer cannot take race, gender, ethnicity, and religion into account. What are some characteristics, other than race, gender, ethnicity, and religion, which might be
a) If Parajon won the trial and was awarded $450,000 why would she move for a new trial? b) Does that mean because one juror did not answer a question truthfully, both parties have to pay to try the
a) What did the jury think about Hernandez's claim? b) Then why did the trial judge conclude that Hernandez was entitled to nothing? c) Why does a trial judge have the power to ignore a jury's
Which court(s) have jurisdiction as to each of these lawsuits-state or federal? Explain your reasoning with each. (a) Pat wants to sue his next-door neighbor, Dorothy, claiming that Dorothy promised
Rockwell moved for summary judgment, offering deposition transcripts of various employees. Pendy's deposition detailed instances of harassment, including comments about her body, instances of
a) What was Skilling's argument? b) What is the Court's response?
a) What does double jeopardy mean? b) I recall reading about cases where people were prosecuted by a state and by the federal government for the same offense. Why doesn't that violate double
Mickle pleaded guilty to rape. The judge sentenced him to prison for five years and also ordered that he undergo a vasectomy. Was this cruel and unusual punishment?
a) What does a public official have to prove in order to recover damages for a defamatory falsehood relating to his official conduct? b) What is actual malice? c) What is libel per se?
a) Why didn't the district court allow Yeagle to present her case at trial? Wasn't she entitled to his day in court? b) Why does the court look at phrase in the context in which it appeared, from
a) What are the elements of intentional infliction of emotional distress? b) According to the appeals court, how does the law determine whether a defendant's conduct is sufficiently extreme to
a) Did State Farm shoe any evil intent in turning down the offer to settle? b) What would have been an appropriate punitive damage award?
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