Introduction to Law 5th edition Joanne B. Hames, Yvonne Ekern - Solutions

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3.3 In offer and acceptance cases do the courts ‘reason forwards’ or ‘reason backwards’?
3.2 Do you think that Lefkowitz v Great Minneapolis Surplus Stores 86 NW 2d 689 (1957) would be followed in England? Give reasons for your answer.
3.1 Distinguish between an ‘offer’ and an ‘invitation to treat’. Give examples to illustrate the distinction.
2.3 Compare and contrast the reasoning of the majority and the minority in Butler v Ex-Cell-O Corp(England) Ltd [1979] 1 WLR 401. Which approach do you prefer and why?
2.2 Andrew, an old man aged 80, agreed to sell his house to David for £16,800. Andrew in fact meant to sell it for £168,000. David is now seeking to enforce the agreement. Advise Andrew.
2.1 Do you think that Centrovincial Estates plc v Merchant Investors Assurance Co Ltd [1983] Com LR 158 was correctly decided?
1. Why did respondents claim that Hertz was a citizen of California?2. Why did the Court reject respondent’s claim?Plaintiffs, on behalf of a potential class of California citizens, brought an action in state court against a corporation alleging violations of California's wage and hour laws. The
In the Case file at the beginning of this chapter, a law firm refused to represent both parties in a divorce case. Why did they do this?
Write a case brief for the Windsor case. Include the facts, issues, rules, analysis, and conclusion.
In the Reuther case, the Court did not grant the motion for summary judgment. Why?Plaintiff hired defendant to take him scuba diving. On the way to the dive site, a large wave struck the boat and plaintiff was injured. Prior to the dive, plaintiff signed a waiver and release, releasing defendant
How do the responses to a jury questionnaire help an attorney choose jurors?
Locate the juvenile court rules for your jurisdiction. Choose two statutes. Rewrite them, breaking them into their elements. Review the statutes for assault, battery, and kidnapping in this chapter to review how a statute is broken apart into elements.
Review the case file at the beginning of the chapter. Write a brief memo to Monica Graham explaining the difference between arbitration and litigation.
Review the section of your automobile policy that deals with uninsured-motorist coverage. Describe these provisions.
Review the interrogatories that might be used in the Rambeaux case. Write a set of questions that might be sent to the plaintiff in this case.
Review the short excerpt from a deposition transcript found in the chapter. Write a short summary of this transcript.
Locate and summarize two family law statutes that address the issue of child custody. Provide the title of the code and the section number in your summary. Use Appendix IV to guide you in proper citation format. The index to the code will enable you to go directly to the appropriate statutes.
Do you think that an agreement between parties who are about to marry should be governed by general contract law principles? Should there be additional considerations? If so, what?
Do you think that Barry and Sun Bonds were in a equal bargaining position when this agreement was signed?
Whether material is obscene has traditionally been determined by community standards. What do you think this means? Is this a workable standard considering the wide-spread use of the Internet?
Should U.S. district court judges be appointed by the president, or should they be elected by the people in the district where they serve?
After the Lopez case, the statute in question was amended to read:It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school
Do you agree that the taxing power gave Congress the right to enact this law?
Review the summary of U.S. v. Morrison in Appendix VII. Is this a civil case or a criminal case? Explain.
Using Appendix VI, find the Federal Rules of Evidence that might have been applicable to the Bowling case. Explain how each could be used.Defendant was convicted of murder that occurred in the course of a robbery. At trial the following evidentiary issues arose: (1) Defendant attempted to introduce
1. Rule 703 is discussed in the Williams case. Rule 703 states: “An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion
After officers stopped a car to check its registration without reason to believe it was being operated unlawfully, one of them recognized a passenger in the car. Upon verifying that the passenger was a parole violator, the officers formally arrested him and searched him, the driver, and the car,
1. What well-established government interest does the Maryland DNA Collection Act serve?2. The Court points out a difference between DNA analysis and fingerprint databases. Explain.Following denial of his motion to suppress DNA evidence, defendant was convicted of first-degree rape. The U.S.
Why does youth (age) matter in determining the appropriateness of a lifetime of incarceration without the possibility of parole.Defendant was convicted in the Alabama Circuit Court of capital murder committed when he was 14 years old. Defendant appealed his conviction and the resulting sentence of
Lawrence hired a law firm to represent him in a legal matter and signed an agreement containing a provision requiring arbitration in the event of any dispute regarding fees, costs, or any other aspect of the attorney-client relationship. Eventually Lawrence wanted to pursue a legal malpractice
1. Summarize the Court’s attitude toward clauses in arbitration agreements?2. What would it take for the Supreme Court to find an arbitration clause that is unenforceable? In American Express Company v. Italian Colors Restaurant, the U.S. Supreme Court held that the Federal Arbitration Act
1. What type of equitable relief is the plaintiff requesting?2. What must the plaintiff show to prevail on its claim for an injunction?3. What is the doctrine of unclean hands?Japanese researchers who hunt whales in the southern Pacific Ocean (Cetacean) sought a preliminary injunction against Sea
1. What is loss causation?2. What are the elements of a private security fraud claim under Rules 10(b) and 10b-5? How do these elements differ from fraud as used in tort law and in contract law?An investor, on behalf of itself and others similarly situated, filed putative securities fraud class
Peters, an employee of a union as a business agent was subpoenaed to testify before a legislative committee. He claimed that he was instructed by the union's secretary-treasurer in charge of employees to give false testimony when questioned. Instead, he gave truthful testimony and was discharged
Jackson Leasing Co. acquired an apartment complex having some problems. The tenants complained of wall cracks, peeling paint, water leaks, heating and electrical fixture problems, broken or inoperable windows, rodents and cockroaches, and the lack of sufficient heat in the apartments. All of these
Assume that Kersch enters into an oral agreement to lease a building for eleven months. Three months into the lease, Kersch decides to buy a building. Can he cancel the lease without penalty?
Review the case file at the beginning of the chapter. How would Kersch protect his computer chip?
1. What is cDNA?2. Why is cDNA patentable, while DNA is not?The U.S. Supreme Court determined that DNA could not be the subject of a patent since a patent cannot be obtained upon a product of nature. But the court also held that cDNA, a synthetically created DNA is not a “product of nature,” so
1. The Court relies heavily on two former cases, Nollan and Dolan. What was the Court’s central concern in these two cases?2. What did the Water Management District demand of Koontz before it would issue a permit? 3. Why did the Nollan/Dolan requirements apply to the St. John’s Water
1. Why was this a unilateral and not a bilateral contract?2. What are the elements of promissory estoppel, and how were they satisfied in this case?Consumers brought an action against a tobacco company, asserting claims for breach of contract, promissory estoppel, and violations of the California
State the issues presented to the court in Groucho Marx Publications, Inc. v. Day and Night Company.
State the issues presented to the Court in McCord v. McCord.
1. All parties agreed that F. G. is a fit parent and that the adoption was in the best interest of the children. Why was there opposition to the adoption of the children?2. Summarize the facts of the Dept. of Children v. Adoption of XXG case.A homosexual foster father petitioned to adopt two foster
1. DOMA forced same-sex couples to live as married for the purpose of state law, but unmarried for the purpose of federal law. Why is this a problem?2. The Court states that DOMA “frustrates New York’s objective of eliminating inequality by writing inequality into the entire United States
Read the case of United States v. Morrison in Appendix VII. What common law torts could plaintiff claim in this case?
Harry owned an old and deteriorating farmhouse that was unoccupied, boarded up, and had NO TRESPASS signs around it. Harry was very upset with the constant burglaries and break-ins and to stop the vandalism mounted a spring-loaded shotgun in the farmhouse to fire when the door was opened. The gun
1. According to the court, what are the elements of the specific type of invasion of privacy alleged by the plaintiffs?2. Cynthia’s family had no claim for invasion of privacy. Do they have any remedy?The author of a journal entry on a social networking website and other members of her family
Why did the court find that a battery was alleged, but not an assault?A middle school football player, who was injured when football coach thrust his arms around player's body, lifted him off his feet, and slammed him to the ground while explaining proper tackling technique, brought an action for
1. Did the Court rule that the Voting Act in its entirety was unconstitutional? Explain.2. What did section 4 of the Act provide?In Shelby County v. Holder, the U.S. Supreme Court held that the Voting Rights Act of 1965 provision setting forth a “coverage formula” was unconstitutional.
1. Why is a golf course considered a place of public accommodation?2. When is an alteration considered to be fundamental?In PGA Tour, Inc. v. Martin, the U.S. Supreme Court held the PGA Tour is a public accommodation within the meaning of Title III of the American with Disabilities Act (ADA) and
1. What is the doctrine of “separate but equal?”2. What did the Court say about that doctrine in this case?This is the landmark case in which the Supreme Court decided that separate but equal educational facilities was a violation of the Equal Protection Clause of the Fourteenth Amendment.
1. What was the holding of the Tinker case?2. What was the holding of the Fraser case?The First Amendment was not violated by a school that took away a banner from a student encouraging the use of marijuana, where the banner was waived at a parade honoring the olympic torch and where the event was
1. The government tried to analogize this case to three statutes that allowed regulation of false statements. Describe these statutes.2. Why did the Court find that The Stolen Valor Act violated the First Amendment?In United States v. Alvarez, the defendant entered a conditional guilty plea
1. Why was respondent’s speech protected by the First Amendment?2. What were the matters of public concern in respondent’s speech?In Snyder v. Phelps, the father of a deceased military service member brought an action under state tort claims of intentional infliction of emotional distress,
1. Does the Court say that actual malice must be proved in every defamation case?2. What was the respondent’s occupation? Was it important?The U.S. Supreme Court held in the landmark U.S. Supreme Court case New York Times v. Sullivan that a state cannot award damages to a public official for
1. Did the Court hold that all cross burning could be regulated? Explain.2. Does the Court allow all threats to be regulated by the government? Explain.In Virginia v. Black, the U.S. Supreme Court held that a state may ban cross burning if it is carried out with intent to intimidate. However, a
1. What arguments did the school district make supporting its practice?2. Why did the Supreme Court reject these arguments?In Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000), the U.S. Supreme Court held that a school district’s policy permitting student-led prayer at
1. Who were the petitioners in this case and why did they claim to have standing?2. What reasons does the Court give for the standing requirement?In Hollingsworth v. Perry, 570 U.S. ___, 133 S. Ct. 2652 (2013) involving California's Proposition 8, a voter-enacted ballot initiative declaring that
What was the Court’s holding in Powell v. Alabama? See the Gideon v. Wainwright case in this chapter.
Review the Modnick case. As you read, identify the facts, the issues, the rules or laws, the holding, and the conclusion. Notice how the court explains or analyzes in this decision. Refer back to the Welch case at the beginning of the chapter. Identify each fact that applies to each element of
1. Compare the facts of the Modnick case with the facts of the Welch case provided in the memo to Terry Jacobs. What do the two cases have in common? How do the cases differ?2. Are there additional facts you need to know in the Welch case in order to do a complete comparison with the Modnick case?
Robert is a paralegal. His neighbor and good friend is in an automobile accident. She tells him how the accident happened and asks if she has a good case. What should he tell her?
Who benefits when a losing party is required to pay the prevailing market rate for paralegals rather than the actual salary of the paralegal?
Does the Supreme Court take a different view of what paralegals can do than the court in the Furman case? Explain.
A group of concerned parents in the City of Elmwood wants to see a curfew imposed on anyone under age eighteen. How can they get such a law imposed?
The U.S. Constitution prohibits cruel and unusual punishment. Is it a violation of the U.S. Constitution to sentence someone to death for rape of a child? See Kennedy v. Louisiana, 129 S. Ct. 2641 (2008).
What gave the United States Supreme Court, a federal court, the right to review a Texas state law?
In this landmark U.S. Supreme Court case, the U.S. Supreme Court again refused to recognize the Commerce Clause as empowering Congress to act with respect to mandatory health insurance, although it did uphold the right of Congress to act under its power to tax. The court upheld the individual
Oliver Wendell Holmes, Jr. was a famous Supreme Court Justice who had definite views on legal philosophy. Research this individual’s life and philosophical beliefs on the Internet. Summarize your findings.
Three young men were assaulted because of their race. The assailant was arrested and charged with several offenses, including assault with a firearm, civil rights violations and brandishing a weapon . Was the civil rights violation civil or criminal? Explain your answer. See People v.
A high school hockey game resulted in a scuffle between off-duty police officers and an assistant coach and his wife. As a result of the scuffle, the coach and his wife were arrested for assaulting the police officers. At a trial they were acquitted. Later they filed a complaint against

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Introduction to Law 5th edition Joanne B. Hames, Yvonne Ekern - Solutions

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