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============ INSTRUCTIONS 1. Read the case. 2. Provide a paragraph with more than five sentences (i.e., in the section for Purport) that interprets the theme
============ INSTRUCTIONS 1. Read the case. 2. Provide a paragraph with more than five sentences (i.e., in the section for "Purport") that interprets the theme of the case, based on concepts learned in Chapters 1, 2, 5, 7, 8, [11], or 20). 3. In at least three sentences, answer the questions. (Make sure you justify your answers with learned concepts of law. Business Law I: Final Exam--Case I 1.1. Martha Simms is the plaintiff in a contract suit she has brought against Floral Supply, Inc., for its failure to deliver the green sponge Martha needed in building the floral designs she sells to exclusive home decorators. Martha had to obtain the sponge from another supplier and was late on seven deliveries. One of Martha's customers has been called by Martha's lawyer as a witness and is now on the witness stand, testifying about Martha's late performance and the penalty she charged. The lawyer for Floral Supply knows that Martha's customer frequently waives penalties for good suppliers. 1.2. Purport (Times Romans Font10 Points; Single space) 1.2. Question 1: How can Floral Supply's lawyer get that information before the jury? 2. 2.1. Questions 2: In what legal tribunal the Simm's case is tried? 2.2. 2.3. Questions 3: To which jurisdiction does the trial of the Simm's case belong? ============ INSTRUCTIONS (1) Read the case. (2) Provide a paragraph with more than five sentences (i.e., in the section for "Purport") that interprets the theme of the case, based on concepts learned in Chapters 1, 2, 5, 7, [8], 11, or 20). (3) In at least three sentences, answer the questions. (Make sure you justify your answers with learned concepts of law. Business Law I: Final Exam--Case 2 2.1. Catherine Bosley worked as a television news anchor for WKBN Channel 27 in Youngstown, Ohio. While on vacation with her husband in Florida she participated in a "wet t-shirt" contest, which was videotaped without her consent by DreamGirls, Inc. and licensed to Marvad Corp., which runs a Web site for adult entertainment through a subscription service on the Internet. Marvad used depictions of her in advertisements to promote the materials and services it markets. Web site searches related to Catherine Bosley in 2004 were the most popular search on the World Wide Web. Due to the publicity, she resigned from her position at WKBN. Bosley sought an injunction against the defendants from using her image in any manner that promotes the sale of their goods or services. The defendants contend that an injunction would violate their First Amendment rights. [Bosley v. Wildwett.com, 310 F. Supp. 2d 914 (N.D. Ohio)] 2.2. Purport (Times Romans Font10 Points; Single space) 2.3. Question 1: What legal theory did Bosley rely on to seek the injunction? 2.4. Question 2: Would an injunction be in violation of the defendant's First Amendment's rights? 3.5. Question 3: What would be a specific legal term used to describe a violation you may have interpreted to occur in the Bosley's case? ============ INSTRUCTIONS (1) Read the case. (2) Provide a paragraph with more than five sentences (i.e., in the section for "Purport") that interprets the theme of the case, based on concepts learned in Chapters 1, 2, 5, [7], 8, 11, or 20). (3) In at least three sentences, answer the questions. (Make sure you justify your answers with learned concepts of law. Business Law I: Final Exam--Case 3 3.1. Dr. Doyle E. Campbell, an ophthalmologist, established his practice in southern Ohio in 1971. Many of Dr. Campbell's patients are elderly people who qualify for federal Medicare benefits and state Medicaid benefits. Under the existing financing system, a doctor who treats a Medicare patient is required to submit a "Medicare Health Insurance Claim Form" (HCFA Form 1500). The doctor is required to certify that "the services shown on this form were medically indicated and necessary for the health of the patient and were personally rendered by me or were rendered incident to my professional service by my employees." Claims Dr. Campbell submitted for his elderly patients ranged from $900 to $950, of which $530 to $680 were covered by the Medicare program. The government alleged that Dr. Campbell billed Medicare for several treatments that were either not performed or not necessary. [United States v. Campbell, 845 F.2d 1374 (6th Cir.)] 3.2. Purport (Times Romans Font10 Points; Single space) 3.3. Question 1: What was the specific violation committed by Dr. Doyle E. Campbell? 3.4. Question 2: If Dr. Campbell were to be held legally liable, would his case be heard in what court and in what jurisdiction? 3.5. Question 3: Against who has the violation taken place? ============ INSTRUCTIONS (1) Read the case. (2) Provide a paragraph with more than five sentences (i.e., in the section for "Purport") that interprets the theme of the case, based on concepts learned in Chapters 1, 2, 5, 7, 8, 11, or [20]). (3) In at least three sentences, answer the questions. (Make sure you justify your answers with learned concepts of law. Business Law I: Final Exam--Case 4 5.1. Charles and Nicolette went to Italy in November 2008, where Charles proposed marriage and presented Nicolette with a diamond ring. She accepted the proposal and the ring. On the same day, Nicolette asked Charles where he had purchased the ring. She became disappointed when he told her where he bought it, and she gave him back the ring, suggesting a different style she would like. He returned the ring to the jeweler and received a refund of $5,000. He then purchased a new ring for $12,000. Charles testified that near the end of November he "reproposed" and presented the second ring to Nicolette. The relationship soon soured and in late February 2009 Charles asked for the return of the ring. Contrary to Charles' testimony that he gave the second ring as an engagement ring in late November, Nicolette testified that he gave the second ring to her a few days before Christmas as a holiday gift. [Miller v. Chiaia, 2011 WL 1367050 (Conn. Superior)] 5.2. Purport (Times Romans Font10 Points; Single space) 4.3. Question 1: Was it an engagement ring or a holiday gift? 4.4. Question 2: What legal significance is there to how the gift is classified? 4.5. Question 3: Is Nicolette legally obligated to return the ring to Charles on demand
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