Business Law Final Exam 1. John owned a cat which wandered into his yard. John was charged with violating a local ordinance which read: “It shall be illegal to permits cows, horses, goats, or other animals to wander about in a yard that is not property fenced.” The ordinance had been passed over fifty years ago when wandering animals destroyed neighbor’s crops. Is John guilty of violating this ordinance? Using two techniques of statutory interpretation, discuss. 2.Suppose that Perry sues Davis on the theory that Davis is so ugly Perry suffers intense emotional distress in his presence.
Davis thinks correctly that there is no rule of law allowing Perry to recover. What procedural device should Davis use in this circumstance? Describe. 3.The local city council adopted an ordinance restricting the local skating rink to persons under 16 years of age. Plaintiffs challenged the ordinance under the equal protection clause of the 14th amendment. Under the holding in the Stanglin case in your text, what results and why? 4.Suppose that someone argues that, contrary to popular belief, corporate decision-making is almost completely irrational. If by chance this assertion were true, it would undermine two major arguments made by defenders of the corporation.
What are these arguments and how would the assertion undermine them? (One of your answers would probably trouble “corporate reformers” as well.) 5.Acting pursuant to a warrant obtained upon a sufficient showing of probable cause, Officer Beau Bogus arrested Earl Sleazeman for the crime of murder. Officer Bogus neglected to give Sleazeman the Miranda warnings at the time of the arrest or at any time thereafter. During “booking” at the police station, Officer Bogus required an unwilling Sleazeman to submit to fingerprinting. (Information obtained through the fingerprinting process ultimately proved useful, because the police discovered Sleazeman’s fingerprints on the door know to the front door of the house where the dead body of the murder victim had been found). After booking was completed, Officer Bogus and Detective Harriet Dirty interrogated Sleazeman — still without the Miranda warnings ever having been given — at the police station. During the course of the interrogation, Sleazeman confessed to the murder for which he had been arrested. Sleazeman later retained attorney Nola Contendere to represent him in the murder case. She has filed, on Sleazeman’s behalf, a motion to suppress (i.e., motion requesting a court order excluding certain evidence) in which she argues that the fingerprinting of Sleazeman and the interrogation of him violated his Fifth Amendment rights and his Miranda rights.
Sleazeman’s attorney argues, therefore, that the exclusionary rule should be applied, as to prevent the state from using the following evidence against Sleazeman: (a) any evidence derived from the fingerprinting that took place during booking; and (b) Sleazeman’s confession. Is Sleazeman’s attorney correct in her arguments that Sleazeman’s Fifth Amendment rights and Miranda rights were violated? Why or why not? As to the evidence listed above as (a) and (b), mentioned in Sleazeman’s attorney’s motion to suppress, state whether the exclusionary rule would prevent the prosecution from using that evidence against Sleazeman? Explain your reasoning. 6.Jed’s roommates played a trick on him by abducting him from his room and tying him up in his underwear on his girlfriend’s porch. Jed, who was intoxicated, slept through the whole incident and didn’t wake up until the next morning, after his girlfriend had untied him and dressed him. Under what legal theories, if any, is Jed entitled to recover damages from his “friends” under these facts? 7. What are four factors courts consider in determining whether an activity is “abnormally dangerous” for purpose of strict liability? 8.In 1955, Merton, an English professor, wrote a book of poetry which he copyrighted.
340 copies were sold nationwide. In 1975, the Pink Punk, a rock band, recorded a song with lyrics exactly like the words of one of Merton’s poems. The poem occupied one page in a 112 page book. If Merton sues Pink Punk for copyright infringements, and Pink Punk employs a fair use defense, which two factors are most likely to help the group? 9. It has been said that one of the major factors which influenced the evolution of modern contract law was the fact that, in the later decades of the nineteenth century, an increasingly large number of transactions no longer resembled the stereotypical transaction envisioned by classical contract law. Explain this statement, contrasting classical contract law’s assumptions with latter day reality.
10.Over a period of several months, ABC Manufacturing Company and XYZ Plumbing Supply have been negotiating over the sale of copper tubing. They have reached an agreement in every aspect expect the price of the tubing. ABC ships the tubing to XYZ, but XYZ refuses to accept delivery. ABC files suit against XYZ for breach of contract. Is there a contract under these circumstances? Explain. 11.Barry, a building supplier, submitted a standard form offer to Sunbelt, Inc., a developer of retirement communities, to supply lumber in connection with a new project planned by Sunbelt. Sunbelt sent back its own standard form acceptance. Although the parties’ forms agreed on many points, there were significant points of disagreement including the fact Barry’s form contract called for arbitration of all disputes. Neither party closely read the other’s form.
One day after receiving Sunbelt’s acceptance, Barry changed his mind and notified Sunbelt that he did not consider himself contractually bound by the agreement. Is Barry correct? 12.Fran was a tenant in an apartment building owned by Remaks. Fran had three months remaining on her two year lease. She told Remaks that she intended to renew the lease and wanted to do some extensive renovation of the apartment. She asked Remaks whether, when the time came, would Remaks be willing to extend the lease for another two year term.
Remaks said “sure, no problem.” Fran then spent $5K refurbishing the apartment. Later, Remaks refused to renew Fran’s lease. Remak’s argues that his promise to renew is not enforceable because it was not supported by consideration. Is he correct? 13. Partners of a limited partnership share losses on the basis of the value of their capital contributions.
T/F 14. Which of the following is not a right of limited partners? A) To vote on the admission of new limited partners. B) To vote on Partnership matters as a class. C) To inspect a list of the partners. D) To withdraw from the limited partners …