Questions and Answers of Law business personal use

Assume you were going to buy a two-year-old car at a bargain price from a man with alcohol on his breath. Explain the steps you would take to create evidence that he has capacity.
Assume you were going to buy a two-year-old car at a bargain price from a woman who was 86 years old. Explain the steps you would take to create evidence that she has mental capacity.
Burt made two pledges of $50,000 each to the Mt. Sinai Hospital of Greater Miami. He made the pledges “in consideration of and to induce the subscriptions of others.” Nothing was said as to how
Petty, a general contractor, made a series of purchases from Field Lumber Company. Field’s records showed a total price of $1,752.21. Petty admitted he owed $1,091.96, but denied liability for the
Hoffman and his wife owned a bakery in Wautoma, Wisconsin. Lukowitz, an agent for Red Owl Stores, Inc., represented to and agreed with Hoffman that Red Owl would erect a grocery store building for
Under a written contract with the Robert Chuckrow Construction Company, Gough agreed to do the carpentry work on a commercial building. Gough was to supply all necessary labor, materials, and other
Marine Contractors Company, Inc., did various kinds of marine repair work within a 100-mile radius of Boston, Massachusetts. The company maintained a trust fund for the benefit of retired employees.
When Bob began college at age 21, his godmother promised to give him $1,000 at the end of each of the following four years if he remained in school and refrained from smoking and/or chewing tobacco.
Mary received a diamond lapel pin from the estate of her maternal grandmother. It was appraised at $7,500. Because it did not fit in with her sports-oriented lifestyle, Mary sold the pin to a jeweler
Jericha promised to lease the Gnosters an unimproved store front in Jericha’s newly constructed shopping center. The Gnosters, in reliance on Jericha’s promise, installed the drywall, electrical
Glenn contracted to provide the labor for an addition to Reid’s home for $10,000. When Glenn was partially through, he realized that the job was more time-consuming than anticipated. Therefore he
Contact a charity and ask how people are about fulfilling their pledges. Ask if the charity relies on the pledges or waits to get the money before budgeting expenditures and what steps, including
Write a paragraph about whether or not the doctrine of promissory estoppel should be applied to the situation involving Maureen’s promised graduation trip. Who would win if the doctrine were
Write an analysis of why a deputy sheriff should not be able to collect a standing reward for capturing a criminal.
Think of three promises you’ve made to your family or friends today. Might they be enforceable in court? Why or why not?
Give an example of a requirements contract associated with school.
Give an example of an output contract associated with school.
Snap-On manufactures and sells hand tools such as wrenches to professional mechanics. It sold a distributorship to Eulich, but he was not successful and encountered significant financial
Treasure Salvors, Inc. located a Spanish ship on the ocean bottom in 55 feet of water about 46 miles off the Florida coast. The ship, the Nuestra Señora de Atocha, sank in a hurricane while heading
Using a smuggled-in .38 caliber pistol, Gorham and Jones took control of their cell block in a District of Columbia (Washington, D.C.) jail. They and other prisoners released by them ultimately took
Olga Mestrovic, the widow of the successful artist Ivan Mestrovic, died. 1st Source Bank was the representative of her estate. It entered into a contract for the sale of Olga’s home to the Wilkins.
Moser had no automobile liability insurance, although it was required by state law. She negligently collided with Chang’s car. Chang threatened to sue if Moser failed to pay $1,000 for pain and
Ashbery, a salesperson, told Gelman that a new computer and its accounting software should do the work of at least five employees. Relying on this statement, Gelman bought the products. When Gelman
During negotiations for the sale of a well to be used to water animals, Hutton said the well was free of gypsum and brine (salty water). In fact, the well did contain gypsum, although there was no
In negotiations for the purchase of a ranch, Adler (the seller) discussed water rights with Folt, the buyer. Adler never mentioned an ongoing dispute she had over such rights with a neighboring
Read Frank Abagnale’s book, Catch Me If You Can. Prepare a report on the nature and level of complexity of his fraudulent schemes. What, in your opinion, made them so successful?
Write a letter for your friend to the credit card company. In the letter argue that the amount billed for the cell phone was incorrect and should be changed.
Write a paragraph describing a television ad that could be the basis for misrepresentation if the statement made were untrue.
Describe in writing a scenario where a mutual mistake of a material fact might cause a contract to be void.
Write a short paragraph explaining why undue influence would be presumed in certain cases, such as the attorney and client relationship, but not in others.
How is innocent misrepresentation different from fraud?
Explain all the elements that must be proven to establish fraud.
What does reliance mean?
Distinguish the effect of the passage of time on the potential for avoiding the contract versus the effect of time on the potential for the contract’s ratification.
Describe the concept of mutual mistake of fact.
A brokerage sued its customers to recover for the purchase price of certain uranium stock. The brokerage contends it was directed to buy the stock “as close to two cents as possible,” while the
Epton orally bargained for an option to buy a 54 percent share of the ownership of the Chicago White Sox baseball club for $4.8 million from the defendant, CBC Corporation. The option, which was to
On December 23, the First National Bank had its sales agent, Wyman, mail a written offer to Zeller to sell a parcel of real property for $240,000. On January 10, Zeller had his purchasing agent mail
Scheck wanted to sell a parcel of his real property. He made an offer to pay a commission to Marchiondo, a real estate broker, if Marchiondo caused the sale of the property to a particular buyer
For several months Lambi repeatedly made offers to Atkins to buy his Santa Fe Apartments. Finally Atkins wrote Lambi a letter containing the following statement: “Here is my suggestion. Clearly
On Monday, Abner offers to sell his trained golden retriever, Track, to Bob for $300 cash. “My offer is open until we go hunting next Saturday.” On Tuesday, Carl offers Abner $400 for Track, in
Sam advertised his ski boat for sale, priced at $4,500, complete with outboard engine and trailer. Barbara paid Sam $100 for a ten-day option, the money to be applied to the purchase price if she
Caryn offered to tutor Dottie in business law for six hours on the day before the final exam in return for $100. Dottie responded, “Let me think about it for a day, okay?” Two hours later Jim
Could you pass a law requiring that every contract have a term in it requiring all parties to it to not hurt the environment in any way? What would be the economic consequences of such a requirement?
The feudal period in Europe did not have the level of trade and commerce that is such a part of our lives. Read about the quality of life during this period. Make a list of businesses and
Assume that Elisa were allowed to bring a lawsuit against Trenton and was successful. Write a paragraph examining possible remedies that might be appropriate, such as damages or court orders.
Write a reward offer for the return of your missing pet skunk. It has not been deodorized.
Imagine that you are a portrait painter. Create an ad for your services to be placed in a local paper.
Imagine you have made an offer to buy your friend’s mountain bike. Make a list of the different ways your offer could be terminated.
It is vital for a businessperson to be able to review a contract quickly to see if it is likely to be legally enforceable. This means being certain that the six essential elements of a valid contract
When a statement appeared on its financial bulletin board claiming that individuals from a securities investment firm committed criminal and fraudulent acts during an initial public offering of a
David Allen, age two, was attacked and severely bitten in the face and ear by a dog owned by Whitehead. Whitehead admitted that the dog barked a lot, was large, looked mean, and chased cars. On the
A train stopped at the defendant’s railroad platform. As it started up again, a man carrying a small package jumped aboard. He appeared unsteady and about to fall. Therefore a guard on the train,
Lewis, an undercover police officer carrying a concealed pistol, went shopping in a Dayton Hudson department store. There, a security officer became suspicious that he was a shoplifter. Lewis took
Town Finance Corporation (TFC) foreclosed on a mortgage following a dispute with Hughes as to whether a loan had been repaid. TFC had a locksmith remove the locks of Hughes’ dwelling. When no one
Yardly and Whiple, ages 12 and 13, intentionally threw stones which smashed 57 windows in an old warehouse. The warehouse had been standing vacant for nine months. Yardly and Whiple were caught and
Jackson was a lawyer, respected by his peers. He successfully represented several persons who were charged with income tax evasion. All three defendants were reputed to be leaders of an organized
McDonald and Beck were sitting in a bar watching a professional football game. When she discovered McDonald was not rooting for her team, Beck hit McDonald in the face, breaking McDonald’s glasses
Martin asked Gabrielle on a date. They went to a movie and then drove around for a while. As he drove, Martin grabbed Gabrielle, pulled her to him, and tried to kiss her. After a moment she was able
The selection of favorable jury members by the parties to a lawsuit was once conducted according to near legendary rules. For example, clergy, school teachers, lawyers (and their spouses) were
What parties would Chanelle likely sue over the assault? What type of relief would she likely seek?
Make an outline of what takes place in each of the main steps of a civil lawsuit from the filing of the complaint to the execution of the judgment. Is justice done when the process is halted by a
Under the doctrine of strict liability, the manufacturer and any sellers in the chain of distribution are held liable for the injuries of a buyer of a defective product. Given the complexity of many
The Japanese have a popular belief that any defendant who risks his fate on the opinions of untrained laymen in a jury is almost certainly guilty. Do you agree with this contention? Why or why not?
In most cases, in order to recover damages for emotional harm, a person also must show physical harm. Why would society want to establish an additional barrier to someone who has been harmed by the
If certain acts are both crimes and torts, why couldn’t you let the prosecutor both bring criminal charges against the defendant and bring suit for damages for the victim at the same time?
To help attract convention business to the city, a group of hotels, restaurants, and various other businesses in Portland, Oregon, formed an association. The association was funded by contributions.
Feinberg owned a cigar store in a poor neighborhood of Philadelphia. He sold cans of Sterno, which contains about 4 percent alcohol, to people in the neighborhood who mixed it with water and drank it
Pack was the president of Acme Markets, Inc., a large national retail food chain. Both Pack and Acme were charged with violating criminal provisions of the federal Food, Drug, and Cosmetics Act. They
Citrin was an employee of International AirportCenters (IAC). As such he was responsible for identifying properties that IAC might want to buy. To help in his work, IAC loaned Citrin a laptop
Basic Construction Company was engaged in the road-paving business. Two of its lower-level managers rigged bids by giving competitors the prices that Basic would bid for work. That is a criminal
The Royal Scotsman Inn built a motel that did not comply with the building code. Therefore, Scotsman was refused an occupancy permit. The chair of the county council approached a representative of
Paula’s boyfriend moved to her home town, Oklahoma City, from Houston, Texas. Two weeks after he arrived, he asked her to phone his bank in Houston and inquire about his balance. She did so as a
Bif was in Gail’s office waiting to go to lunch with her. Gail owned a business in competition with Bif’s business. When Gail excused herself to go to the restroom, Bif looked at her computer
Elton had three children. As they grew up and became eligible to drive, Elton bought each a car. To avoid paying high premiums for their car insurance, Elton titled each car in his name. He then
As a result of a U.S. Supreme Court decision in the early 1960s, improperly or illegally obtained evidence cannot be used to convict an accused in the court system. This is referred to as the
Write a paragraph debating whether or not the protections afforded those accused of criminal activity by the Constitution are mainly used by individuals who are truly guilty to avoid their deserved
An old adage of the law states, “As society becomes less secure, criminal punishments become more severe.” Write a paragraph relating this to the United States’ experience with the death
Explain the significance of the main steps in a criminal prosecution. Is the cause of justice served when a defense attorney gets his client off because of a “loophole” in the law? Consider both
Why are certain acts crimes in one state but not in another? Why are there varying levels of punishment for the same crime in different states?
Why must criminal statutes carefully and clearly define the prohibited behavior?
A government-owned P-51 fighter plane landed at a Los Angeles airport and waited on a runway for a tow truck, on instructions from the tower. Shortly thereafter, a plane owned by Douglas Aircraft
Colleen Donnelly filed charges with the Equal Employment Opportunity Commission (EEOC) against her employer, Yellow Freight, for sex discrimination. After she filed the charges, Colleen received
When a tip was received that marijuana was being grown in his greenhouse, Michael Riley’s property was observed from a helicopter by an investigating officer. The helicopter flyover was deemed
A 17-year-old boy first appeared in juvenile court to answer charges of vehicular homicide. The incident had occurred when he was 16. By the time the case actually went to trial the boy was 18.
Taylor and Fitz Coal Company had a dispute over the amount of money due under a mineral lease.They submitted the dispute to arbitration according to the provisions of the lease. The arbitrators
In April of 2004, the U.S. Supreme Court refused to hear the appeal of a case involving Virginia Military Institute (VMI). The case centered on the issue of whether or not, at a public supported
Priscilla is being sued in small claims court by her landlord for past due rent. “Just wait,” she exclaims. “Once I get in front of that jury, they won’t award him the money. After all, he
On May 7, Bart Masters turned 18. The evening of that day, he was caught stealing a woman’s purse. “Don’t worry,” he told his friend Julia, “I just turned 18 today, they won’t try me as
Suppose someone has injured you. Do you have a duty to sue them for the injury even when the costs of bringing suit may be more than you can recover?
June lost her case in trial court. She thought that the plaintiff, Sid, had lied during the trial. On appeal, she requested that she be allowed to appear and explain why she thought Sid had lied.
If you were called to testify as a witness in a friend’s criminal trial, would you have the moral strength to tell the complete truth even if your friend might be convicted as a result?
Gomez wanted to sue Shapiro for failure to complete work under their contract but could not afford the expenses and time delays associated with litigation. What alternatives are available to resolve
The jurisdictional shield of the juvenile courts ends at age 18. Research the maturation process of homo sapiens and determine whether or not, according to the scientific evidence, 18 is a good
Write a paragraph discussing the following question: If Anthony decides to file suit in state court against his employer, what federal court might ultimately claim jurisdiction? Under what
Judges cost an extraordinary amount of money. To attract competent personnel to the judiciary, salaries must be comparable to what an exceptional lawyer would earn in private practice. A way to
Wherever you go you are charged with knowing all the laws, ordinances, rules, and regulations that apply to you. “Ignorance of the law is no excuse.” Because of the confusion this causes, there
Why shouldn’t the USSC be able to substitute its own factual determinations for those of a jury in a lower court?
Why should the federal courts handle cases involving private matters between citizens of different states (for example, cases involving diversity of citizenship with more than $75,000 at stake)?
Why are appeals heard by higher courts?

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