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Jack Duran, president of Denver Carpet Installation, Inc., began negotiations with Fred and Zuma Smith for the sale and installation of carpeting, carpet padding, tile,

  1. Jack Duran, president of Denver Carpet Installation, Inc., began negotiations with Fred and Zuma Smith for the sale and installation of carpeting, carpet padding, tile, and vinyl floor covering in their home. Duran drew up a written proposal that referred to Denver Carpet as "the seller" and to the Smiths as the "customer." The proposal listed the quantity, unit cost, and total price of each item to be installed. The total price of the job was $4,777.75. Although labor was expressly included in this figure, Duran estimated the total labor cost at $926. Mrs. Smith in writing accepted Duran's written proposal soon after he submitted it to her. After Denver Carpet delivered the tile to the Smith home, however, Mrs. Smith had a disagreement with Denver Carpet's tile man and arranged for another contractor to perform the job. Denver Carpet brought an action against the Smiths for breach of contract. Does the UCC apply to this contract? Please discuss.

2. State Assemblyman Davidson helped enact a law requiring all faculty members teaching within the state to submit their class material to a board of censors to be sure that no "lewd" materials were presented to students at State universities. Professor Berman would like to challenge this law as violating his First Amendment rights under the U.S. Constitution.

May Professor Berman challenge this law in the State Z courts? Please explain.

Questions 3 - 6 are all true/false and multiple choice.List just the question number and the answer.Do not post the question and do not post an explanation for your answer

3. The federal courts and the state courts can never have concurrent jurisdiction over the same case. (true or false).

4 Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle and injures Bill. Bill may bring suit in federal district court:

a. Because of federal question jurisdiction.

b. Because there is always federal jurisdiction if there is diversity of citizenship.

c. If the value of the car is $80,000.

d. If the accident occurred outside of Illinois or Wisconsin.

5 A decision of the Supreme Court of the state of Washington would always be binding on:

a. A federal district court in the state of Washington.

b. A state trial court in Washington.

c. The U.S. Court of Appeals that includes the state of Washington.

d. All of the above.

6 Janet is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury. This is:

a. A valid challenge for cause.

b. A valid peremptory challenge.

c. Not a valid challenge.

d. A valid challenge for cause, but it can be overcome if the plaintiff's attorney makes an offer of proof to the judge.

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