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LEB 320F FINAL EXAM QUESTIONS AND ANSWERS
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LEB 320F FINAL EXAM QUESTIONS AND ANSWERS
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LEB 320F FINAL EXAM QUESTIONS AND ANSWERSIn the featured case Kelo v. City of New London, a town in Connecticut took action in a distressed area with high unemployment. It sought to use eminent domain to acquire land from several landowners who did not wish to sell their land. The primary Constitutional issue in the case was... - Answer -The Takings Clause
Alan buys a new laptop at Best Buy for $600. Betty buys an acre of land for $6,000. Carol signs up for a year of cable TV service, and pre-pays $600. Which of these agreements will be governed by Article Two of the Uniform Commercial Code? - Answer
-Alan's only
Fred took a photograph of a bright light in the sky in 2005. Five years later, in 2010, it generated significant interest when it was included in a television special about UFOs and alien visitors hosted by the guy who played Commander Riker on Star Trek. In 2012, Fred passed away. When will the copyright on Fred's photo expire? - Answer -
2082, Copyrights like this one last for the lifetime of the creator of the work plus 70 years.
Article II applies to sales of _____, not real _____ and not ____ - Answer -goods, which are, essentially, moveable things. Not real estate, and not services.
Bill files a Federal lawsuit based on his 1st Amendment right to free speech in a district court. When he loses the case, he appeals to a U.S. Court of Appeals, and he is again unsuccessful. He now wants the U.S. Supreme Court to review his case. Will he be able
to do so? - Answer -Yes, but only if the Supreme Court grants a writ of certiorari.
Walter, a Texan, makes a sale of goods contract with Wilhelm, a citizen of Germany. Walter is the seller, and Wilhelm is the buyer. The contract does not say anything in particular about which body of contract law will be applied to resolve any future disputes
over the deal. Which of the following bodies of law governs the contract? - Answer -The CISG, Contracts for a sale of goods that involve buyers in different nations that have adopted the CISG are governed by the CISG unless an alternate set of laws is affirmatively selected. Rex wrecks his car in a collision with Collison. Much later, in a negligence lawsuit, the jury determines that the accident was 67% Rex's fault and 33% Collison's fault. Rex will be able to recover some damages if he lives in a state that follows... - Answer -"pure" comparative negligence
Statutory law - Answer -made by elected representatives
Statute - a law made by elected representatives - Answer -
Common law - Answer -legal ideas that result from court opinions
Civil law - Answer -between multiple people and companies. ie covering medical bills
Criminal law - Answer -between person and police. ie. charged with assault
Soldano vs O'Daniels: summary - Answer -Soldano is shot because a bystander wasn't able to get to a telephone to call for help, because bartender denied access to phone. Family sues bartender.
Soldano vs O'Daniels: issue - Answer -does establishment incur liability for declining to let good Samaritan use phone in emergency?
Soldano vs O'Daniels: decision - Answer -yes, appeal confirmed. A person has a duty not to hinder those trying to help.
Milliken vs Jacono: summary - Answer -Milliken bought a house from Jacono who failed to disclose a murder/suicide had recently occurred in the house. Believing that the market value of the house would be damaged by more than $100,000, Milliken sued. Trial judge granted a summary judgement and the plaintiff appealed.
Milliken vs Jacono: decision - Answer -denied they did not conceal or fail to disclose a material defect in the property, and there is nothing to prove that knowledge of this murder/suicide would decrease the value of the house. none of the other elements of fraud can be proven.
Knight vs Just Born: summary - Answer -Knight eats hot Tamales a lot. One time he eat
one and it causes his mouth to swell, skin to come off, headaches, and inability to eat or
swallow for days. He sues under strict liability and both sides move for summary judgement.
Knight vs Just Born: issue - Answer -iff a product fails in an unusual, unexpected fashion, "the inference is that there was some sort of defect, a precise definition of which is unnecessary." In order to satisfy the consumer expectations test, a plaintiff must prove: "(1) what an ordinary consumer would expect from the allegedly defective product, and (2) that the product failed to meet those expectations." the Hot Tamale
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