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(solution) 1. TCO 1) Your company has been sued for product liability and

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1. TCO 1) Your company has been sued for product liability and has a case going to trial next week. In researching some of the applicable cases,


you have found some favorable language that interprets the applicable


statute. Your supervisor has asked you to write a summary of the


circumstances under which the judge should rely on existing case law to


determine the intent and purpose of a statute.


How do case law and statutory law interact in the American legal process?


Does one trump the other or take priority? When there is a statute and


case law that apply, does the court have any discretion in how to apply the


law to your case? 2. TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state


companies doing business in the state than it imposes on in-state


companies. The reason behind the legislature?s enactment of this law is to


protect the local firms from out-of-state competition because they are


losing local business, which is affecting the state?s economy.


Is this law legal, or is it a violation of equal protection for a state to impose?


What legal standards could the court apply in evaluating the


constitutionality of a law and which would apply in this instance? Explain. 3. (TCO 3) The Smith family was traveling on their summer vacation from Massachusetts to Wyoming. Along the way, the family was involved in an


accident when they proceeded to drive through an intersection; they had


the green light. At that same moment, the Jones family plowed through the


opposite red light, hitting the Smith?s car, causing major damage to the car


and injuries to Mr. and Mrs. Smith, who were in the front seat. Mr. Smith,


being a cautious driver, believes that he can sue Mr. Jones under the


theory of negligence.


Is Mr. Smith correct? Where could he sue Mr. Jones; would he file a claim


in federal or state court? Explain your answer using facts in the scenario


and the elements of jurisdiction to demonstrate your position in favor of Mr.


Smith as the plaintiff or Mr. Jones as the defendant as to where a claim


should be brought and the factors the court will consider in determining the


appropriate jurisdiction for a claim. 4. TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea?s desired


price. When Andrea later delivers the car to Sandy, Sandy returns the car,


claiming she does not want the car and that they did not have a contract,


so she is not bound to keep the car. Andrea, however, claims they do have


a contract and wants to enforce said contract for the price of the car. What


standard would the court use to determine whether there is a contract


between the parties for the sale of the car? (Points : 20) 5. (TCO 5) What is the Uniform Commercial Code (UCC)? What transactions are covered by the UCC? Provide two original examples of


transactions that would be covered by the UCC in a business context.


6. TCO 6) Explain the function and purpose of an administrative agency. At what level of government do we find agencies, and how and by whom or


what are they empowered to do what they do?


7 (TCO 7) Smart Corporation began marketing phone in 2002 under the mark ?Smart.? In 2008,, Inc., a different company selling


different products, such as school supplies and the like, begins using


?smart? as part of its website URL and registers ?sMART? as its domain


name. Can Smart Corporation stop this use of ?sMART?? If so, what must


the company show? Use the scenario given to explain your answer in this




8. TCO 8) What are the four principal types of Electronic Fund Transfer (EFT) systems today? Distinguish between the four types of electronic


funds transfer systems used by banks. When is an electronic transaction


binding under the Uniform Electronic Transactions Act? Using a real-life


example, distinguish the liability of the bank, the customer, and the payee


in an electronic transfer of funds situation.


9 (TCO 9) Agency law plays a big part in corporate responsibility (and liability). Differentiate between an employee and an independent


contractor. What is the difference and what are the key factors that must be


considered in determining one?s status as an employee or independent


contractor? Once status is determined, what affect will it have on the


responsibilities of the agent? The principal? Is one status better than


another? Why? Explain your answers using a representative example involving a principal, an agent, and a situation that would call the agent?s


status into question.


(TCO 10) Tim and Tom are twins. They live and work near the beach and


are also partners in TnT, Inc., a bicycle messenger service. When


deliveries are few, especially in the summer, Tom without telling Tim, rents


the extra bicycles to tourists who want to explore the resort area. Because


the bicycles aren?t being used for deliveries, is it acceptable for Tom to


keep the proceeds he receives from renting leasing the unused bicycles?


Explain your answer based on the facts in the scenario in the context of


partnership law.


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Sep 13, 2020





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