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Please answer all the questions. Explanation is not needed. in the format of the same number as in the question. x 47. Which of the
Please answer all the questions.
Explanation is not needed.
in the format of the same number as in the question.
x 47. Which of the following is a true statement? None of the below b. A tenancy in common will be converted into a joint tenancy as soon as the tenants acquire equal shares in the property. C. Joint tenants cannot alter their possessory rights by agreement. d. Joint tenants must be married. 48. One Eyed Willie lives on an old houseboat that is docked on the coast of Oregon. Because he doesn't trust banks, Willie keeps a number of valuables on his houseboat and has set up a series of non-deadly booby traps to protect them. Willie has even placed large warning signs on the outside of his houseboat that read "beware of security traps." Mikey, a local boy, 15 years of age, decides that he is going to explore Willie's houseboat one day after Willie leaves for work. One morning, after Willie has gone to his office, Mikey climbs aboard the houseboat and begins to explore. Soon enough, Mikey triggers one of Willie's security traps and is caught up in a cargo net. Though he is unharmed, Mikey is forced to wait there, suspended in the net, for several hours until Willie returns home and finds that one of his traps has been sprung, by which time Mikey has gone hours without anything to eat or drink and has missed soccer practice. Willie releases Mikey, but not before calling Mikey's parents to complain about their son's trespassing. While Mikey's parents are upset with him, they are even more upset with Willie, whom they blame for the several hours during which time they did not know the location or safety of their son and for the minor injuries (cuts and bruises) he sustained. They speak to Rosalita, a local attorney, who advises them to sue. For which causes of action might Mikey's parents be most likely to sue One Eyed Wille and win? a. False Imprisonment b. Both of the above c. Neither of the above d. NegligenceX 38. Meatwad agrees to a contract with Carl. Carl is not aware that Meatwad is working on behalf of Master Shake (with whom Carl would not have agreed to this contract as he does not trust Master Shake). Meatwad does not inform Carl that he is acting as Master Shake's agent. In the event that there is a breach of contract, whom should Carl suc? a. Meatwad b. Master Shake c. Either Master Shake or Meatwad, as Carl likes d. No one, the contract is invalid 39. Kramer has made a small statuette of his friend Jerry out of fusilli pasta (because Jerry is silly!). When he gives it to Jerry, Jerry is somewhat bemused by the odd gift and places it on the coffee table for the time being. Later that day, Kramer is still at Jerry's house and Kramer's friend Frank is visiting as well. Frank and Kramer get into a physical altercation that results in Frank falling awkwardly backwards onto the coffee table and the 'Fusilli Jerry' (which, in turn, results in a trip to the proctologist for Frank). If Frank sues Jerry for negligence and for damages related to his doctor visit, what is the most likely result? a. Jerry will win because Frank's injuries are minor and consist more of embarrassment than of any real physical harms b . Frank will win because the actual AND proximate cause of his injuries was Jerry's placement of the Fusilli Jerry C. Jerry will win because he has not breached any duty under these facts d. Frank will win because, as Jerry's invited guest, Jerry had a special duty of care to Frank that was breachedX 49. Mr. Mushnik's Flower Shop refuses to serve transgendered people or anyone Mr. Mushnik believes to be transgendered. Congress passes a new law mandating that all for- profit businesses refrain from discriminating against people based on gender identity under the authority of the Fourteenth Amendment. There is no reason to believe that anyone who patronizes Mr. Mushnik's comes from out of state (it's only a small local flower shop). All the flowers in the shop are locally grown in locally sourced soil (though many of them are planted in pots purchased from a local garden store that probably sells pots manufactured in China). Mr. Mushnik also sells a variety of plant foods, fertilizers. and gardening tools, not all of which were manufactured in state. There is also one very special plant in Mr. Mushnik's shop that definitely came from out of state, but it is not for sale and is, rather menacingly, growing ever larger on a diet of blood and meat under the care of the shop assistant, Seymour. The shop spends no money advertising out of state and is not located near a major interstate highway or even near a main road. Is it an appropriate use of Fourteenth Amendment authority if Mr. Mushnik's is forced by the government to cease discriminating against transgendered persons? a. Yes, because Mr. Mushnik's cannot be certain about where all of its customers have come from and some may have traveled across state lines to see the strange gigantic carnivorous plant and purchase flowers there. b. No, because The Fourteenth Amendment only applies to government action and cannot apply to actions taken by private individuals. C . Yes, because Mr. Mushnik's purchases non-floral goods (fertilizers, pots, gardening tools, etc.) for sale in its facility that have moved in interstate commerce, even if those goods are not the flowers sold in the shop. d. No, because the Fourteenth Amendment cannot apply to actions purely local in character (intrastate commerce) and Mr. Mushnik's only advertises on local radio and only does business locally. 27Step by Step Solution
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