Fluent Essays

1. Computers, Inc. has an employee who has special accommodation needs in order to perform her job. These special accommodations would cost Computers $10,000 to implement. The Americans with Disabilities Act (ADA) provides that an employer is required to make “reasonable accommodation” for employees with a disability, but does not define “reasonable accommodation”. Assume that the size of an employer-company determines the maximum amount of money that would be reasonable for an employer to spend to make “reasonable accommodation” for a disabled employee. Under the principle of stare decisis, determine which of the following would apply to Computers. If a similar-sized employer-company had been required by a court to spend $15,000 in the past for reasonable accommodation, Computers likely would be required to spend the $10,000. If a similar-sized employer-company had not been required to spend $15,000 in the past for reasonable accommodation, this would ensure that Computers would not have to spend the $10,000. Whether a similar-sized employer-company had been required by a court to spend $15,000 in the past for reasonable accommodation would be irrelevant for Computers because it occurred in the past. Whether a similar-sized employer-company had been required by a court to spend $15,000 in the past for reasonable accommodation would be irrelevant for Computers; courts make all decisions on a case-by- case basis. 2. Why have checks and balances been built into the U.S. Constitution? A. to keep a check on the number and frequency of amendments made to the Constitution B. to ensure the judiciary is not biased or corrupt C. to prevent any one of the three branches of the government from becoming too powerful D. to ensure that people of all races and ethnicities are uniformly represented 3. Assume that Virginia enacted a law prohibiting, until further notice, all grocery stores in Virginia from selling all powdered spices manufactured in, or shipped from, Maryland. This law was enacted because it was discovered that the spices recently manufactured in Maryland were infected with bacteria. Determine the constitutionality of the Virginia statute. The statute is: Unconstitutional; it violates grocery store owners’ substantive and procedural due process rights under the 5 th and 14 th Amendments because they are private businesses. Unconstitutional; the statute imposes an undue burden on interstate commerce. Constitutional; it is a valid exercise of Virginia’s police power. Constitutional; the statute imposes an undue burden on intrastate and interstate commerce. 4. Jack and Jo, residents of Colorado, were hiking in Nevada when a dog being walked by its owner, Will, bit Jo causing injury. Jack wants Jo to sue Will, a resident of Montana, but Jo does not want to incur the cost of a lawsuit. Identify which of the following best illustrates Jack’s legal right to sue in this case. Jack has standing to sue Will, but only in federal court since Colorado, Nevada and Montana state courts all meet the minimum contacts test for jurisdiction. Jack has standing to sue Will, but only in Nevada because neither Colorado nor Montana meets the minimum contacts test for jurisdiction. Jack does not have standing to sue Will in Nevada, Colorado or Montana. Jack does not have standing to sue Will because he is not a resident of Nevada where the injury to Jo occurred. 5. Mac and Rhamad signed a business contract with a clause that provides that if a dispute arises they must submit to binding arbitration to resolve the dispute. After they had been doing business together for a year, a dispute arose under the terms of the contract. Rather than submit to arbitration, Mac filed a lawsuit against Rhamad. Most likely the court will: Hear the lawsuit because Mac cannot be compelled to submit to arbitration; he is constitutionally entitled to a jury trial if he requests a trial. Conduct a bench trial, then order a remedy without compelling Mac to submit to arbitration or to a jury trial. Compel Mac to submit to arbitration to resolve the dispute. Hear the lawsuit in a trial, then compel Mac to submit to arbitration, if Mac is not satisfied with the trial decision. 6. Roxy, while driving through Wyoming to her home in Montana, accidentally lost control of her car and drove it through a window into a store owned by Colt. Colt sued Roxy in a Wyoming court for damages to his store. Will the Wyoming court likely be able to exercise jurisdiction over Roxy? no, because Wyoming has no in personam (personal) jurisdiction over Roxy, and cannot exercise its long arm statute only in cases involving automobile accidents. no, because Wyoming has no in personam jurisdiction over Roxy, and cannot justify minimum contacts in this case. yes, Wyoming can exercise in personam jurisdiction in this case because any state court has personal jurisdiction in every diversity of citizenship case. yes, because Wyoming can assert in personam jurisdiction over Roxy under the minimum contacts test. 7. A man tries to swallow a pen as part of a circus act. The pen becomes lodged in his throat and he is taken to a hospital for immediate medical attention. The man sues the company that manufactured the pen. Which of the following would be the best defense for the pen manufacturer in this lawsuit? A) It can claim that the product carried generally known dangers. B) It can claim that the product was abnormally misused. C) It can claim that the injury was caused by a supervening event. D) It can claim that the injury was caused by an intervening event. 8. Under negligence, a person is liable only for ________ events. A. intervening B. foreseeable C. superseding D. supervening 9 . Lee sued Don in negligence. Li’s losses total $100,000. Under a contributory negligence system, if Lee is found to be contributorily negligent for her own injuries, what damages will Lee like recover from Don? None. $100,000. $100,000 minus the percentage of fault (e.g., 20\%, 60\%, etc.) for which Lee was responsible. $100,000 minus the percentage of fault for which Lee was responsible, so long as Lee was not more than 50\% responsible for the injuries. 10. Which of the following statements best represents the distinction between binding and nonbinding arbitration? A. Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge. B. Unlike binding arbitration, the decision and award of a nonbinding arbitration can be appealed to the courts. C. A nonbinding arbitration takes place at a court, in the presence of the jury. D. A nonbinding arbitration implies that the arbitrators decision must be reinforced by the courts. Answer questions 11-12 regarding the following scenario: Scenario: Jones, a resident of Arizona, booked reservations for a vacation at Windell Hotels, Inc. in Cabo Mar, Mexico. Windell Hotels is an international hotel chain incorporated in Delaware with hotels in North and South America; Windell Hotels has no hotels in Arizona but does advertise and book reservations for all its hotels over the internet. While a guest in the hotel in Cabo Mar, Jones was walking across the hotel lobby, and slipped and fell on the wet marble floor that had been just washed by the maintenance staff. The staff had placed a “wet floor” sign on the lobby floor on the side wall of the lobby. Jones was taken to the nearest Mexican hospital where surgery was necessary to place a pin in his broken leg. Anxious to return home and see his regular doctor, Jones flew out of Mexico shortly after the surgery. He required two plane seats and an ambulance to meet him at various airports. His health insurance would not cover his hospital stay in Mexico as it was located outside the U.S. When back in Arizona, Jones was unable to work for 8 weeks and required another surgery to remove the pin. He also required several weeks of physical therapy.  11. Jones wants to sue Windell Hotels, Inc. in federal court for $450,000 to recover all his medical expenses in Mexico and the US; for $50,000 for the cost of the plane trip from Mexico to Arizona, the 2 plane seats and ambulance costs in various airports; $10,000 for 8 weeks of lost wages; and $50,000 for pain and suffering resulting from the injury.   Can he sue in federal court? Yes, because Federal Court always has jurisdiction over citizens of different states. No, because Federal Court does not have jurisdiction in cases that do not involve federal laws. Yes, because the Federal Court may have jurisdiction over parties who are citizens of different states and the lawsuit involves damages greater than $75,000. No, because the Federal Court has no jurisdiction over an accident that occurred in Mexico.  12.   It would be easier for Jones to bring the lawsuit in Arizona state court, but he wonders if the court can get Windell Hotels to come to Arizona. Can the Arizona state court impose jurisdiction over Windell Hotels to bring the company to court in Arizona? No, because the subject of the lawsuit took place in a foreign country. No, because the corporation does not have sufficient minimum contact with Arizona to allow the Arizona court to use the long arm statute to establish jurisdiction in Arizona. Yes, because the Jones is a resident of Arizona and he is the plaintiff in the lawsuit. Yes, because Windell Hotels has sufficient minimum contact with Arizona the state to justify the court’s use of the long arm statute. 13) In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________. A) assumed there was no risk involved and entered into the activity that injured him or her B) was injured after the defendants liability for the risk ended C) was injured in an activity that had no risk of any manner D) had knowledge of the specific risk and voluntarily presumed the risk 14) Which of the following is not a form of ADR: a) Mediation b) Min-Trial c) Trial d) Negotiation 15) Interrogatories and Depositions are part of : Complaint Discovery Trial Cross-Claim 16) A patent protects a a) An invention b) The author of a book c) The Design of a bottle d) A musical composition 17) A copyright is issued when: It is registered with the Federal US Copyright Office It is registered with the State in which the work is written As soon as it is in tangible form None of the above 18) Diane bought an action figure for her son David from Terrences Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrences Toy Shop for damages? A) negligence B) deceit C) fraud D) disparagement 19   What is meant by causation in fact? A) a defendants counter-lawsuit against malicious prosecution B) a defendants negligent act led to the plaintiffs injuries C) a defendants defense against a case of negligence D) a defendants plea of guilt due to negligence 20) Crimes are classified as: Felonies Misdemeanors Violations All of the Above 21) I decide that I no longer wish to share the profits of my business with my partner. I sit and plan to kill him. The most serious crime I can be charged with is: Murder Manslaughter Battery Assault 22) The parties to a criminal prosecution include: The person who is charged with committing the crime A witness to the crime The person who is injured by the criminal act The federal, state, or local government bringing the action A&B A&D A, B, & C 23) If I am protesting the actions of the government and as part of my protest, I burn the American Flag, this is an example of: Treason Commercial Free Speech Political Free Speech Unprotected Speech 24) Fraud must contain the following elements: A material fact was misrepresented There was actual damages suffered The person making the misrepresentation knew it to be false A & C only B & C only A, B, & C 25) The elements required to be proven in order to win a negligence case are: Duty, breach of duty, actual & proximate cause, and harm Duty ,intent to cause harm, and injury Duty, injury, and comparative negligence Duty, harm, breach of duty, and assumption of the risk Put letter only of correct answer by each number in CAPS. DO NOT recopy questions; do not copy the answer, use only the letter of the correct answer. There is only one correct answer to each question. 1.   2.   3.   4.   5.   6.   7.   8.   9.   10.   11.   12.   13.   14.   15.   16.   17.   18.   19.   20.   21.   22.   23.   24.   25. ESSAYS: Answer each question in complete paragraphs; do not list or answer in phrases (points will be deducted for doing so). None of these questions can be adequately/comprehensively answered in just a paragraph, so be comprehensive, in depth in your answers, but be careful to not include irrelevant information. Points will be deducted for answers that are not well justified, not sufficiently comprehensive. Use APA in text citations and end of text references, as appropriate but please do not use direct quotes. Use only classroom notes/comment and assigned reading or watching materials as resources, which is all you need to complete the exam. DO NOT use any outside, internet resources as they are often inaccurate. Follow directions carefully. Answer all parts of each question. Be sure to directly answer the question(s) asked. Note: The second Essay appears on Page 14 ESSAY ONE: Case Scenario: Foods, Inc., a large retail super market store that sells a variety of products, has had an eventful week. Part I: There have been heavy rains in the area all week. On Wednesday, a ceiling tile that had become wet from a leaking roof in Foods due to the heavy rain storms earlier in the week fell and hit some bags of peanuts causing the nuts to spill across the store aisle. Edie, a customer, entered the aisle, slipped on the peanuts and broke her leg and arm. The manager of Foods was unaware of the leaking roof and the wet ceiling tile and unaware that the peanuts had spilled onto the store floor. Part II. On Friday, a small group of political protestors carrying signs and quietly chanting were marching back and forth the full length of the public sidewalk in front of Foods. Foods encompasses the entire block by the public sidewalk with entry and exit doors located directly in the center of the store building, and with privately owned parking in the back of the store. Sometimes the protestors were at either of the two ends of the sidewalk in front of Foods, and thus, not directly in front of the entry/exit door doors to Foods. The protestors did not walk on or enter the private parking lot owned by Foods; the protestors did not stop and congregate in front of the store or its entry/exit doors at any time. The management of Foods believed that the protestors were impeding the ingress and egress of customers into Foods end therefore interfering with business. Foods called the police to have the protestors removed. The police did not arrest the protestors but did require them to stop marching and move away from Foods. Assignment Part I: A. How likely is Edie to win a negligence case against Foods for her injuries resulting from slipping on the peanuts? Why? B. Consider whether any, legal defense(s) could be raised by Foods. Are any legal defenses likely to be successful in negating liability for Foods? Why or why not? (Tip: Stick only to the facts in the case, do not assume any facts not given.) Part II: A. The protestors want to sue the City for violation of their constitutional rights. Specifically, what legal claim could the protestors sue for and why? B. Could the protestors be convicted of trespassing against Foods? Why or why not? EXTRA CREDIT APPEARS ON PAGE 16 ESSAY 2 City enacted a city zoning ordinance that barred outdoor advertising display signs - including billboards - on all public roads within the city limits. Billboards on-site on any public or private business location are exempt from this ordinance, and thus, permissible.   City claimed the ordinance was necessary to promote public traffic safety and aesthetics. Max, Inc., a company in the business of leasing commercial billboards to advertisers, and the primary billboard provider in City, sued City alleging the zoning ordinance is unconstitutional. A. If you were the jury in this case, how would you rule on the constitutionality of the ordinance and why? B.  If you were an attorney advising City, what would you advise them to claim is the most logical legal basis/constitutional authority for City to enact the ordinance and why?   5 POINT EXTRA CREDIT QUESTION You must show good critical thinking and analysis. All essays should contain citations and references. Make sure to include definitions and requisite elements and apply them to the facts presented. Proper APA citations and references are required. Jason, an experienced snowboarder, purchased a new snowboard from Hot Sports, Inc., a sporting goods store. Fast Boards Co manufactured the snowboard. Jason went to Hills Resort to try out his new snowboard. After 3 runs on the slopes, Jason’s snowboard suddenly split apart causing him to fall and break a leg. If Jason sues, on what legal basis could he possibly recover damages for his injuries and from whom? What legal theories would Jason claim & based upon the facts, analyze if he could prevail. Page of