Questions and Answers of Dynamic Business Law

Describe other defects upon which a strict liability action may be brought.
Describe defects in packaging.
Describe defects of failure to warn.
Describe defects in design.
Describe defects in manufacture.
List the types of product defects upon which a strict liability lawsuit may be based.
Define the doctrine of strict liability.
Describe how a defendant is liable for misrepresenting the quality of a product.
Describe how a defendant is liable for negligently producing a product.
Define and apply the doctrine of strict liability
Describe the difference between contributory negligence, comparative negligence, and partial comparative negligence.
Describe the defenses that can be raised against a claim of negligence.
List and describe special negligence doctrines.
Explain the elements necessary to prove negligence.
List and describe intentional torts.
Explain how the privileges and immunities doctrine protects citizens from unfavorable treatment by the government.
Explain how the government can take private property but must pay just compensation for the taking.
Describe the Due Process Clause and substantive and procedural due process.
Explain the equal protection doctrine and how it protects persons from unequal treatment by the government.
Explain how freedom of religion is protected and how the government may not promote religion.
Explain how freedom of speech is protected by the First Amendment.
Describe the Bill of Rights and the process for amending the U.S. Constitution.
Describe how the Commerce Clause is applied to e-commerce.
Explain the Commerce Clause and the federal government’s authority to regulate interstate and foreign commerce.
Define and apply the Supremacy Clause of the U.S. Constitution.
Describe the U.S. Constitution and the concepts of federalism and separation of powers.
Describe forms of e-dispute resolution.
Explain the use of arbitration and other methods of alternative dispute resolution.
Describe the appellate process and the possible results of an appeal.
Explain how electronic technology is being used in courts and legal proceedings.
Describe the goals and procedures of a settlement conference.
Contrast the different types of pretrial motions.
Describe e-discovery and how electronic evidence can be used at a legal proceeding.
Describe the discovery process and the various methods of discovery.
Define class action and describe the requirements for bringing a class action lawsuit.
Define complaint, summons, and answer and describe the pleading process.
Describe the pretrial litigation process.
Describe how attorneys are compensated.
Explain how jurisdiction is applied to digital commerce.
Define standing to sue, jurisdiction, and venue.
Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts.
Describe the U.S. Supreme Court and the types of cases it decides.
Describe the federal court system.
Describe state court systems.
Learn how the material, cases, and lessons of this book will apply to your future career.
Learn what critical legal thinking is and how to apply it to analyzing legal cases.
Describe how existing laws are being applied to the digital environment and how new laws are being enacted that specifically address issues of the information age.
Describe the doctrine of stare decisis.
List and describe the sources of law in the United States.
Learn the history and development of American law.
List and describe the schools of judicial thought.
Describe the flexibility of the law.
Define law.
Aroma Housewares Co. is a California corporation that distributes electric kitchen appliances. Aroma distributed between 30,000 and 40,000 juice extractors in the United States. The juicers employed
Brenda Laramore receives federal assistance pursuant to Section Eight of the United States Housing Act. “Section [Eight] is a federal program designed to assist the elderly, low income, and
Does Title VII apply to same-sex harassment?
A corporation, Platforms, held stock that was not registered with the SEC under the Securities Act of 1933. William Martin provided consulting to Platforms as an employee of a sole proprietorship
28 USC § 1658 stipulates that claims of “fraud, deceit, manipulation or contrivance” under the Securities Exchange Act of 1934 may be made “[two] years after the discovery of the facts
H&R Block is one of the largest providers of incometax preparations and the second largest of online do-it-yourself software in the United States. In 2010, the tax preparer sought to buy out its
Emory B. Perry, who represents numerous shareholders, owned stock of The RAMP Corporation, a now-defunct company that developed communications technologies for the health care industry. Darryl R.
Richard Schoon was elected to the board of directors at the Troy Corporation, a private corporation in Delaware. There are three stock series of stock options. A series A share allows someone to
Harvey Pierce was a work-release inmate from the local county jail who worked at an Arby’s franchise restaurant owned by Dennis Rasmussen, Inc. (DRI). One day in June 1999, Pierce walked off the
Nu-Look Design, Inc., operated as a residential home improvement company. During calendar years 1996, 1997, and 1998, Ronald A. Stark not only was Nu-Look’s sole shareholder and president but also
In 2000, Loretta Henry was pregnant and experiencing pain in her abdomen. After visiting a clinic, she was referred to Flagstaff Medical Hospital. Once there, she was examined and treated by Dr.
William Roberts operated a McDonald’s restaurant under a franchise agreement with McDonald’s Corporation. Roberts hired 23-year-old David Mabin, who was just released from jail for robbery, drug
Egebjerg filed a voluntary Chapter 7 bankruptcy petition in 2006. He had been employed for 27 years, earned a gross income of $6,115.56 per month, and had unsecured consumer debt of around $31,000.
Ford Motor Credit Corporation (FMCC) hired Traciers & Associates (Traciers) to repossess a white 2002 Ford Expedition owned by Marissa Chapa, who was in default on the associated promissory note.
On April 27, 1992, Darro and Tracy Long purchased a 1980 Ford Escort for $2,795 from Auto Credit, Inc. They made a cash down payment of $300 and financed the balance of the purchase price. The terms
In May 1990, Gerald Gaucher entered into a Retail Installment Contract and Security Agreement with Cold Springs RV Corp. This agreement provided for the purchase of a travel trailer. In the
Indiana Auto Sales & Repair repossessed an automobile from one of its debtors. Indiana Auto paid an independent contractor $30 to repossess the car. The contractor’s 15-year-old, unlicensed
Donald Lynch purchased a check from Allied Irish Bank (AIB) in Ireland. The check was made payable to Advance Marketing and Investment Inc. (AMI) in the amount of U.S. $250.00, which was handwritten
Robert Carter, an employee of National Accident Insurance, intercepted insurance premium checks totaling more than $10 million that customers made payable to the insurance agency. Carter then altered
Dr. Rodrigue is an obstetrician-gynecologist, who in 1989 opened her own practice. The financial support to open her new practice came from North County Women’s Health Care Services P.C., who
Rockland Industries agreed to purchase three containers of antimony oxide at $1.80 per pound from Manley-Regan Chemicals. Rockland produces drapes, and antimony oxide is used to fire proof the
Define and differentiate between liquidated, consequential, and punitive damages. Make the argument for why punitive damages should or should not be permitted in intentional breach of contracts.
Consider the status of being a merchant under the UCC. Should the UCC differentiate between merchants and nonmerchants?
How can good title be acquired?
The opera company was hired to perform in the outside pavilion of the Wolf Trap Foundation. The company performed the three performances without problem. Then, right before the last performance, a
Posh Pooch Inc., which designs couture pet carriers and accessories, convinced the Italian corporation Nieri Argenti to manufacture various fine leather and related goods for Posh Pooch. Posh Pooch
When Barry Meyer asked Robyn Mitnick to marry him, he gave her an engagement ring that cost $19,500. Before the marriage, he asked her to sign a prenuptial agreement. She refused, and the engagement
A company sued a meat distribution market, claiming breach of contract following the market’s failure to pay money owed on five notices of purchases (NOPs) as well as collection of accounts under
An investor brought suit against an architect after the investor lost $600,000 in a failed project. To develop the project, a real estate empire in Chicago, an LLC, the Burnham Station, was created
The Finches hired Inspectech to perform a home inspection of a property they were purchasing. The contract they signed included a clause that read: “It is understood and agreed that the
The plaintiff in this case is Amir Peleg, a gay Jewish male of Israeli national origin. He worked at the Neiman Marcus store in Beverly Hills from December 28, 2005, to February 21, 2008. The store
In 2008, a lawyer for Mutual Life Insurance e-mailed Dr. Miles regarding the settlement of a lawsuit that he had filed against the insurance company. The e-mail that the attorney sent contained
What is the mirror-image rule?
Smith, a satirist and outspoken critic of Walmart, created websites displaying designs and slogans that negatively parodied Walmart’s registered marks. These designs and slogans incorporated the
Travis Scheible was riding his bicycle and started to cross the street from behind a mature tree that overhung the sidewalk and obscured his view of oncoming traffic. As he rode into the street,
In 2008, Wayne Singleton and his eight-year-old son, Jaron, were traveling on a bus for a school field trip to Six Flags. Wayne fell asleep on the way, and while he was asleep, the bus became
At Boyle’s trial, the state demonstrated that Boyle and others had committed a series of bank robberies in four states during the 1990s. A core group was involved in all the robberies, but
Chambliss met Chinasa in 2004 through his side business. Chinasa told Chambliss that he lived in Gaithersburg, Maryland, and ran a business called DataNet Communications. When Chambliss began working
The city of Toledo, Ohio, passed the Clean Indoor Air Ordinance, which, among other provisions, required smoking to be prohibited in bars and restaurants except in separate smoking lounges that met
A group of winemakers from California and several Massachusetts residents challenged a Massachusetts law that distinguishes how large wineries and small wineries may distribute their wines in the
Plaintiff prose Wilfredo A. Golez (Golez) filed a motion to compel the work attendance records of two former coworkers who are not parties to the instant litigation. Golez states that he requires the
John and Jacqueline Stowers are the sole owners of Manna, a limited liability company registered to do business in the state of Ohio. Manna is a family-run enterprise that sells food and other
Nicastro, the plaintiff, was using a metal-shearing machine in New Jersey when he hurt his hand. The machine was produced by J. McIntyre Machinery, Ltd., which manufactured the machine in England,
Energy cooperative Hoosier Energy sought to move depreciation deductions that it could not use to John Hancock Life Insurance Company. Under the transaction, John Hancock would pay Hoosier Energy
Environs Inc. is an architectural firm that designs commercial and business buildings. SAMS Hotel Group LLC signed a contract with Environs, under which Environs would provide architectural services
The two companies had an agreement by which Sunrish was providing a food product to Nutrisoya. However, Sunrich allegedly did not deliver the products covered in the contract, and Nutrisoya took the
On November 7, 2005, Briarwood signed an agreement to sell Toll Brothers a planned 66-acre, 41-lot subdivision property in the village of Pomona, New York, for $13,325,000. The agreement expressly

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