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1. Smith attempted to bribe Judge Angie Lucas to show leniency toward one of Smith's relatives who had a case pending before her. Judge Lucas

1. Smith attempted to bribe Judge Angie Lucas to show leniency toward one of Smith's relatives who had a case pending before her. Judge Lucas immediately reported this to the state's attorney and was asked to play along with Smith until the actual payment of money occurred. Smith gave $2,500 to the judge, who promptly turned it over to the state's attorney's office. Smith was indicted for bribery, pled guilty, and was sentenced to a four-year prison term. Three months after the criminal trial, Smith filed a suit against Judge Lucas for the return of his $2,500 based upon breach of contract.

Question: Will the court order the return of his money based upon breach of contract? Explain

2. On October 31, a congressional candidate orders a quantity of campaign literature from a local printer. The verbally stated time of performance is November 2. November 8 is Election Day. The literature is not delivered until November 9. The candidate refuses to pay the printer. Nothing was said in the contract about time being of the essence. The printer sues for breach of contract to recover the cost of the printing.

Question: Who will win the lawsuit and why?

3. Tina Phool enters into an investment plan with some local bigwigs. To get Tina to participate in the investment, people running the investment lie to Tina about several facts that are critical to the investment plan. Later, after suffering investment losses, Tina sues to rescind the investment contract on the basis of fraud. While Tina is on the stand, the attorney for the other parties asks her: "Ms. Phool, why did you enter this deal in the first place?" Tina says: "For one reason and one reason only, I admired these people tremendously and figured that any deal they were involved with was a deal I wanted in on too. The details didn't matter, if they were in, I was in."

Question: Tina has just blown her fraud case, why? Please include analysis of facts and elements in your explanation.

4. Ben, an lawyer in Denver, interviewed with Eliza, a law firm senior partner in San Kansas City. At the end of the interview, Ben met with Rodney, the Personnel Manager, at the law firm. Rodney told Ben: "I look forward to working with you. Please let me know if I can help you prepare for your move to Kansas City." Ben returned to Denver, quit his job, gave 30-day notice to his landlord, rented an apartment in Overland Park, and moved to Chiefs Kingdom. Ben then called Rodney to ask if he could start his job the following week. Rodney replied that Ben had no job with the Kansas City law firm. Ben wants to recover the cost of moving expenses from Rodney and his firm.

Question: Under what legal theory may Ben proceed and what will he have to prove to be successful?

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