Questions and Answers of Dynamic Business Law The Essentials

How does criminal law differ from civil law, both in terms of their purposes and in terms of the procedures used in each type of case.
Rock star Courtney Love had hired attorney Rhonda Holmes to investigate claims that certain persons had defrauded her and her daughter. She was in frequent contact with the lawyer and had anticipated
In 2009, Elegant Beverages, LLC, and Imperial Unlimited Services, Inc., were two beverage businesses that were sold to Mark Gandino from Thomas, Kathleen, and Loudine Dotli. The beverage companies
Floyd Mayweather, Jr., and Shantel Jackson were a highly publicized couple for a number of years before their relationship frayed and eventually ended in discord. In early April 2013, Jackson decided
Explain the purpose of Good Samaritan statutes.
List and describe the elements that must be proved for a successful strict-liability claim.
The plaintiff’s father collapsed near the racquetball courts of a Bally’s health club. While an ambulance was being called, a Bally’s employee trained in cardiopulmonary resuscitation and the
Plaintiff Caruso was gambling at the Foxwoods Casino, which was owned by defendant Mashantucket Pequot Gaming Enterprise. When he went to use the restroom, Caruso noticed an attendant holding a mop
After a series of suicide attempts with psychiatric assessments in between each of them, 16-year old K.W. was admitted to the inpatient psychiatric unit of the Chilren’s Hospital of Colorado. K.W.
Explain the elements one would have to prove to bring a successful product liability case based on negligence, and identify the available defense.
Why would a defendant prefer to be found to have produced a product that was defectively manufactured rather than defectively designed?
Explain the defenses available in a case based on a theory of strict product liability.
In Rutherford (1997), the California Supreme Court addressed the burden on a plaintiff in an asbestosrelated cancer case to prove that the defendant’s product was a legal cause of the plaintiff’s
A posthole digger (the digger) is an agricultural implement manufactured by Alamo/SMC Corporation (SMC) designed, as its name implies, to dig holes in the ground for posts. The digger is
Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name
In the 1970s, Special Electric Company brokered the sale of crocidolite asbestos, which is the most toxic form of asbestos, to Johns-Manville Corporation.Special Electric never held possession of the
On January 2, 2018, The Register, a science and technology news site based in Britain, published an article revealing the existence of two major bugs leaving virtually all computers and smartphones
Pamella Montgomery bought a Tassimo, a single-cup coffee brewer manufactured by Kraft Foods. The machine she bought had a sticker with the words “Featuring Starbucks® Coffee,” which factored
What are the fundamental differences between the three theories of third-party accountant negligence?
When would an accountant-client privilege arise?
How does the WH approach to ethics address ethics in a step-by-step fashion?
For what do GAAP and GAAS stand, and what function do they serve in the accounting profession?
Accountant J. Russton Bradshaw was retained by Steve May, the owner of May’s Custom Tile, to prepare the business’s tax return. In 2008, May decided to sell the business and instructed Bradshaw
Zafgen, Inc., is a biopharmaceutical company that sells Beloranib, an anti-obesity drug. Following the death of a clinical patient taking Beloranib and the subsequent hold placed on the drug trial by
Edwina Rogers and Edward Rogers were a married couple who had employed the services of Jon Deane for his professional tax and accounting services from the mid-1990s to 2010. Mr. Deane prepared
Papel Giftware made and sold collectible figurines and giftware. For years, certified public accountants KPMG produced audited financial statements with unqualified opinions. When Cast Iron
In 2012, Peregrine Financial Group (PFG) founder and CEO Russell Wasendorf, Sr., was accused of lying to regulators. Wasendorf had previously signed a confession in which he described bilking
Gumbiner Savett, Inc., a professional accounting firm, and Michael Rieff, a certified public accountant at the firm, were hired by the restaurant to prepare year-end documents with respect to
In 2009, Magic Circle Corporation was experiencing financial hardships and hired Simon Wilson and Gary Morgan to lead the business back to stability.During this turnaround time, Magic Circle had been
List and define the classic factors that a court must weigh when determining whether there has been trademark infringement that warrants an award of damages and an injunction.
What is the relationship between copyright infringement and the fair-use doctrine?
Identify the factors one would look at when deciding whether to protect intellectual property either with a patent or through trade-secret law.
In 2014, TLI Communications, LLC, filed a lawsuit against a multitude of companies such as Apple, DropBox, Facebook, Google, Instagram, and Yahoo!. The lawsuit alleged the defendants had violated
Kuryakyn Holdings, LLC, is a motorcycle aftermarket parts design company. In January 2014, Thomas Rudd, the chairman of Kuryakyn, took Madden, Lindolf, and May, Kuryakyn’s only design engineers, to
Abbott and Costello were a mid-twentieth century comedy duo popular in the United States. One of their most well known routines was commonly known as “Who’s on First?” and was first performed
What are the elements of a valid contract?
Explain how a valid contract differs from one that is void or voidable.
What is the objective theory of contracts?
What is the plain-meaning rule?
In July 2009, BAC Home Loans Servicing sent the Nowlins a letter stating their loan modification had been approved. The letter also contained instructions to validate and make permanent the loan
Several years later, BAC filed a foreclosure complaint against the Nowlins, claiming that the Nowlins had defaulted on a mortgage and promissory note executed in 2002. BAC asserted that the Nowlins
Western Sky was an online payday lender owned by Martin Webb, who was a member of the Cheyenne River Sioux Tribe. Western Sky’s offices were also located on the Cheyenne River Indian Reservation in
What is the mirror-image rule?
In July 2012, the six adult cast members of the hit television show Modern Family filed a joint lawsuit against Twentieth Century Fox Television in an attempt to void their contracts. The lawsuit
In the summer of 2002, after several South Louisiana women had been murdered, a task force was set up to find the killer, and the Baton Rouge Crime Stoppers (BRCS) began publicizing a reward offer in
Plaintiff VanHierden injured his thumb and finger at work and had it surgically repaired. He later developed a persistent pain at the base of his thumb. He went to see the defendant about having a
Gary Sgouros purchased a credit report from TransUnion’s website, hoping to use the high numbers to negotiate a favorable loan at a dealership. However, the credit score he received from TransUnion
Describe the contents of a writing that would be sufficient to satisfy the statute of frauds under the common law.
Hunter owned a farm and was romantically involved with Green for a while, but they remained friends after the relationship ended. In 1996, Hunter was involved in a probate matter with his siblings.
Yellow Book, a business directory firm, made an agreement with JB McCoy Masonry to provide a year of advertising in exchange for a monthly fee. Robin Brooks, the owner of JB McCoy Masonry, signed the
A group of title agencies (“Olympic Group”) and a title reinsurance company (“ACE”) engaged in negotiations to form a joint venture. Both parties exchanged agreement drafts over several
In 2004, real estate broker Richard Davis called an A&E television executive about partnering on a new reality show called Flip This House. Davis said he would undertake the financial risks of
Benito Brino owned real property that he leased to Salvatore and Linda Gabriele. During the lease, the Gabrieles attempted to purchase the property from Brino. Both parties agreed on a purchase price
Why are courts stricter with interpretations of antidelegation clauses in contracts than of antiassignment clauses?
Walmart developed a Code of Conduct for its foreign suppliers. These standards require foreign suppliers to comply with local laws and local industry working conditions, and gave Walmart power to
In 2004, Lisa Huff was walking during a heavy thunderstorm when a large maple tree split in two 25 feet above the ground. A large limb from the tree struck Huff, causing serious and permanent
List the conditions that must be met for a court to impose a quasi-contract.
Turner Construction entered into a contract to provide general construction of Granby Towers. Turner then entered into a subcontract with Universal to install precast concrete floors in the Granby
In a 1975 contract, Eureka was given the exclusive right to sell spring water and other products under the Ozarka trade name in 60 Oklahoma counties in exchange for $9,000 paid to Arrowhead, which
Thomas Helvey is suing the Wabash County Rural Electrical Company for breach of contract. The electric company caused 135-volt electricity to enter Helvey’s home, damaging 110-volt appliances.
Mitchell Coach Manufacturing Company, Inc., produces motor homes and sells them to other retail dealers and directly to customers. Ronny Stephens was a customer. WW, Inc., bought and sold motor homes
Consider a transaction that has three parties: (1) JWCJR Corp. (JWCJR) and its owner John W. Cumberledge, Jr.; (2) Bottomline Systems, Inc.; and (3) Colonial Pacific Leasing Corp. JWCJR/Cumberledge,
Felix DeWeldon declared bankruptcy in 1991. In 1992, DeWeldon, Ltd., purchased all Felix DeWeldon’s personal property from the bankruptcy trustee. After this purchase, the director of DeWeldon,
Forestal Guarani, S.A., is an Argentinian company that manufactures and sells lumber products. Its principal place of business is Argentina. Daros International, Inc. is a New Jersey-based
Congress established an independent agency, the Consumer Financial Protection Bureau (CFPB), to curb fraud and promote transparency in consumer loans, home mortgages, personal credit cards, and
What is the purpose of the contract clause?
Appellant is a temporary worker staffing company servicing client companies throughout the El Paso region. Jamrowski was a temporary worker for one of Appellant’s client companies. Although the
In November 2011, Rosemarie Roopchand made a $200,000 loan to Raheek Mohammed. The parties executed a promissory note stating that Mohammed would repay Roopchand the principal sum of $200,000 with
Vogeler filed for Chapter 7 bankruptcy in March 2007. Vogeler’s debts consisted of $11,000 in secured debt represented by his automobile and $35,925 in unsecured debt. Vogeler’s assets on the
Carlos and Suzanne Cortez filed their petition for Chapter 7 bankruptcy on April 8, 2004. At the time of filing, Suzanne Cortez was working, but Carlos was unemployed. Suzanne had reduced her work
In May 2009, Bryan Lyles was admitted to the LSU Health Sciences Center and underwent an anterior corpectomy and discectomy surgery. During the procedure, Lyles’s C5 vertebrae was replaced with a
Explain copyright infringement.
Thomas Garrison transferred title on two cars to one of his sons, Jay Garrison, while on his deathbed. After Thomas passed, his widow Pamela Garrison filed a petition to recover the car as the
Securities brokerage firm Charles Schwab filed suit against a former employee who left the company and started his own wealth management firm. Charles Schwab claimed that the names of its clients,
What is the mirror-image rule?
What is the mailbox rule?
In 2014, Julie Gerstenecker, who was married to Adam Gerstenecker, had approximately $78,000 of student loan debt. Hearing Julie lament about the interest on her loans, Adam’s mother, Janice
Timothy Reddick served in a two-year term appointment with the FDIC, with the term lasting from September 2010 to September 2012. In April 2012, prior to the end of the contract, the FDIC offered an
List and describe the three exceptions to the preexisting-duty rule.
The parties orally contracted for Pendergrass Construction to perform grading and other work on Ingram’s property for the price of $2,500.00. After Pendergrass Construction began the work, Ingram
What is the difference between private law and public law?
In 2000, Donald Stern incorporated a startup company named Grail in order to market a new and revolutionary chip design that Stern had invented. While witnesses expressed the view that Stern’s
Martina Beverly sued her former employer, Abbott Laboratories (Abbott), for employment discrimination and retaliation. During a private mediation, the parties signed a handwritten agreement stating
Asbestos, a fibrous type of material once used in insulation products, is now widely known to be correlated with health problems. Walter Brown was exposed to asbestos while he was an Air Force
What is enabling legislation?
In 1999 and 2001, the Department of Labor’s (DOL) Wage and Hour Division issued letters opining that mortgage-loan officers do not qualify for the administrative exemption to overtime pay
A trade association asked the Federal Communications Commission (FCC) to clarify language in 47 U.S.C.S. § 332(c)(7)(B)(ii) which required state and local governments to act on any request to place,
The respondent, the Public Company Accounting Oversight Board, was created as part of a series of accounting reforms in the Sarbanes-Oxley Act of 2002. The board is composed of five members appointed
David Milam, a member of the Delta Tau Delta fraternity at the University of Kentucky, had leased a room at the fraternity house. University of Kentucky Police Detective John McBride received a tip
On September 8, 2011, John Barth purchased a piece of property at 4 Lynn Street in Peabody, Massachusetts, for $1,000. Barth subsequently requested the City of Peabody for a variance to exempt his
In 2010, a North Carolina state court dismissed a traffic ticket against Lester Gerard Packingham. Elated by the favorable outcome, Packingham posted a note on his Facebook profile, writing “Man
After Kuczora lost his finance job in 2007, he styled himself as the managing director of KCS Financial, a phony finance firm he ran from his Elgin, Illinois basement. Kuczora falsely represented to
After the financial crisis of 2008, Anchor BanCorp Wisconsin (ABCW), and its subsidiaries, AnchorBank and Investment Directions, Inc. (IDI) were in dire straits. Anchorbank and ABCW were trying to
From 2004 to 2010, Edward Weaver was the CEO of Vendstar, a corporation that sold candy-vending machines to approximately 7,000 customers who spent a total of about $62 million on the investments.
The NFL hired the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, and one of its partners, Theodore Wells to investigate allegations of bullying within the Dolphins organization. After
On September 8, 2011, John Barth purchased a piece of property at 4 Lynn Street in Peabody, Massachusetts for $1,000. Barth subsequently requested the City of Peabody for a variance to exempt his
Adrian Samalia fled a stolen vehicle during a lawful traffic stop. While Samalia successfully escaped, he left his cell phone in the stolen vehicle. Police officers searched the cell phone without a
Vincent Simmons appeals from the trial court’s order awarding to his wife, Dorothy Simmons, a one-half interest in land that he inherited from his parents. Vincent contends that the land is the
Byers acquired and owned substantial tracts of ranchland, including the family ranch where Byers lived. For some time, Byers’s son (and, thus, Bouton’s brother) managed most of the ranching
Charles Houser began working for appellee, 84 Lumber Company L.P. (84 Lumber), in 1985. In 1998, Houser became an outside salesman with 84 Lumber, and his compensation changed from a set salary to

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