As I am walking out of Wal-Mart one day a security person grabs me by the arm and asks me to come with them. I am escorted to a back room where I am locked in for 20 minutes before anyone comes in. They believe I stole a CD, but I produce a receipt for its purchase and they let me go. What torts might Wal-Mart be liable for here? Explain your reasoning.
2. I work as an attorney in a local town. A client hires me to file a lawsuit against a couple that ran into his car severely injuring him and his children. The lawsuit itself is filed on time, but I fail to serve the defendant with the complaint until after the Statute of limitations has run, causing the judge to dismiss the action. Can I be sued for negligence? Why/Why not? What specifically will the client have to show in order to prevail? (6)
3.I call a student into my office and tell them that “I don’t believe the work they submitted was their own.” (7.5)
a. Did I just defame them? Why/Why not?
b. Assuming it would be defamation, what type has occurred here?
c. What would be my best defense against a potential defamation charge?
4. General Motors (GM)has been the subject of many news stories and lawsuits relating to ignition issues that have supposedly resulted in many deaths. Let’s say that you were injured or a family member died as the result of driving one of these vehicles. What Chapter 7 concept would allow you to sue GM and what would you need to show? (6)
5. I buy a Smith and Wesson .45 caliber handgun and shoot myself trying to load the gun. If I try to sue Smith &Wesson, what defenses might they try to use and why? (6)
6. Fiona invents a new deep-sea fishing net, which she names “Great Catch.” She also writes the operating manual to be included with each net. Identify the types of intellectual property mentioned in the previous sentences and the protection periods for each. (7.5)
7. Explain briefly why you would or wouldn’t be financially liable for copyright infringementin the following cases(6):
a. Photocopying 10 pages out of Time magazine for a school research paper.
b. You bought the new release of the Star Wars trilogy on Blue Ray and burn a copy for a friend to watch on their computer as they take a long road trip.
c. You open a new restaurant and call it Burger Kingdom.
8. One day I discover/create the recipe to make the best beer ever! I know this will have significant financial value. What is the best intellectual property method for me to protect this new asset and explain why? (5)
9. While no one is home, someone enters your home and takes your new flat screen television. What crime or crimes were committed here? (5)
9. Explain in your own words the difference between the preponderance of the evidence and beyond a reasonable doubt standard in trials? Why is a higher standard of evidence required in criminal trials? (6)
10. I am forced at gun point to steal money from my employer. When charged with the crime will I have any defense? Explain
11. Some argue that there is no such thing as “international law.” Why might they say that? (3.5)
12. I decide to open a business in Uzbekistan. After seeing my early high revenues and profits, the government takes over my business, pays me a $100,000 and says thanks! What is this type of taking called? Explain using proper legal vocabulary. (4)
13. Sara is looking to expand her clothing business overseas, but doesn’t know much about international business, nor does she have significant resources to devote to international expansion. What are her best options for doing business internationally in this context? Explain your choice(s). (5)
14. I’m contracting with a French company to buy 2000 widgets a month. Since I’m new to International business, I’m a bit skeptical about French law. Is there any way I can assure myself that any potential dispute won’t be resolved by under French laws? Explain. (4)
Thursday, March 9, 2017
As I am walking out of Wal-Mart one day a security person grabs me by the arm and asks me to come with them. I am escorted to a back room where I am locked in for 20 minutes before anyone comes in. They believe I stole a CD, but I produce a receipt for its purchase and they let me go. What torts might Wal-Mart be liable for here? Explain your reasoning.
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