Question 1

0pts

I understand that I am required to complete this assignment on my own, without the help of others. I understand I may only use the course textbook, lectures and my notes in completion of this assignment.

No

Yes

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Drinking games: Idaho hockey fans suing arena over beer prices

AP Mar. 12, 2014

BOISE, Idaho -A handful of Idaho hockey fans sued a Boise arena on Tuesday, saying they were duped into thinking a $7 beer contains more brew than a $4 beer.

The lawsuit says CenturyLink Arena, home of the Idaho Steelheads hockey team, defrauded customers by charging $3 more for a tall, narrow cup advertised as a ''large'' that actually holds the same amount of beer as the shorter, wider cup described as a ''small.''

Four fans filed the suit Tuesday in Idaho 4th District Court against Block 22 LLC, which does business as CenturyLink Arena.

In the lawsuit, Brady Peck says he's attended at least 30 events over the past three years at the arena, including a hockey game on March 5, and that he's purchased beer each time. The other three plaintiffs say they have been attending sporting events at the venue for five years and that they bought at least one large $7 beer at each event. Each is seeking $10,000 in damages.

''While different shapes, both cup sizes hold substantially the same amount of liquid and are not large versus small in actual capacity,'' the group's attorney, Wyatt Johnson, wrote in the lawsuit. ''Defendants knowingly sold each of their beers in a similar manner at each event held at the arena where beer was sold for at least the last five years.''

The lawsuit came just two days after another hockey fan posted a video on YouTube of what the fan said was a beer purchased at CenturyLink Arena on March 8. That video shows a patron holding a large cup of beer and pouring it into an empty small cup. In both cups, the beer reaches nearly to the brim.

At the time, Eric Trapp, the president of the Idaho Steelheads hockey team and CenturyLink Arena, wrote on the team's Facebook page that the company had ordered 16-ounce and 20-ounce cups and never intended to mislead customers. "We're not in the business of defrauding our valued customers," wrote Trapp.

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Question 2

2pts

What kind of case is reported in this article?

civil

criminal

both civil and criminal

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Question 3

2pts

Where was this case filed?

state court

federal court

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Question 4

3pts

What do the plaintiffs have to prove to win this case?

HTML Editor

Keyboard Shortcuts

12ptParagraph

31 words

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Question 5

2pts

Which best describes the amount of proof the plaintiffs must show to win in this case?

clear and convincing proof

a preponderance of the evidence

proof beyond a reasonable doubt

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Question 6

2pts

If the plaintiffs are able to prove in this case that the beer seller "intentionally misled" them, can the court allow the jury to consider punitive damages?

No, punitive damages apply only to criminal cases.

No, there is only a $3 price per beer at issue here.

Yes, intentionally misleading consumers constitutes fraud.

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Texas Monthly Sues Times Co. Over New Hire

By LESLIE KAUFMAN (Links to an external site.)Links to an external site. APRIL 11, 2014NYT NOW

The publisher of Texas Monthly, a popular regional magazine, filed a lawsuit on Friday against its former editor-in-chief and The New York Times Company. The magazine claims Jake Silverstein has a contract with Texas Monthly that prevents him from going to work for the New York Times.

Mr. Silverstein was named the editor of The New York Times Magazine less than two weeks ago and is set to start this spring.

The lawsuit accuses Silverstein of breach of his employment agreement with Texas Monthly. It also accuses the Times Company of inducing Mr. Silverstein to breach his contract by offering him the position knowing that Silverstein would be in violation of the terms of the contract with his former employer.

Mr. Silverstein had a three-year contract with the magazine that expires in February 2015, according to the lawsuit, which was filed in Travis County, Tex. Circuit Court. Under Mr. Silverstein, Texas Monthly flourished; it was nominated for 12 National Magazine Awards during his tenure and won four.

"Mr. Silverstein's contract with Texas Monthly contains a covenant not to compete with his employer for a period of two years. The defendant's publication directly competes with Texas Monthly," said the lawsuit. "As a direct consequence of defendant's willful and intentional actions, Texas Monthly will suffer significant economic harm."

Eileen Murphy, a spokeswoman for the Times Company, issued a statement calling thelawsuit "inexplicable." She said, "We believe there is no basis for a lawsuit. We look forward to having Mr. Silverstein join The Times next month and help us shape the future of the magazine."

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Question 7

2pts

In the case reported in this article, the plaintiff is:

the New York Times

Jake Silverstein

Texas Monthly Magazine

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Question 8

2pts

The case reported in this article is:

criminal

civil

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Question 9

2pts

The case reported in this article is:

public

private

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Question 10

2pts

Jake Silverstein is being sued for:

tort claim

breach of contract

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Question 11

2pts

The New York Times is being sued for:

tort claim

breach of contract

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Question 12

2pts

If the plaintiff is able to prove its claims in this case, which is a likely outcome?

Jake Silverstein will not be able to work at the New York Times for 2 years.

Jake Silverstein will have to remain employed at Texas Monthly until his contract term ends.

Jake Silverstein will be able to work wherever he chooses, including at the New York Times.

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Police: Employee stole body from casket at Texas funeral home

Anusha Ghosh Roy, KENS-TV, San Antonio, Texas 1:52 p.m. EDT August 23, 2015

SAN ANTONIO, Texas A local funeral home employee has been arrested for stealing the corpse of a 25-year-old woman from a San Antonio funeral home

(Links to an external site.)

Links to an external site.

last week, police say.

According to investigators, the body of Julie Mott was taken from her casket at Mission Parks Funeral Chapel North after her service on Aug. 15. Roger Davis, 23, is accused of taking her body but police have yet to determine why.

"It's really quite concerning," said San Antonio police Sgt. Javier Salazar. "We found the body at his home on his living room couch."

Salazar said that after Mott's service ended around 1:30 p.m., a casket with her remains was taken into a private visitation area in the back of the funeral home. The funeral home was locked up and secured around 4:30 p.m.

Police believe during that three-hour window, Davis removed Mott's body from the casket.

"The family has been pretty distraught over this incident," Salazar said.

Mission Parks Funeral Home offered $20,000 to help catch the person responsible. Salazar said no one has claimed the funds.

"We're just thankful that our daughter's remains have been returned so we can have some closure to our grief," said Mott's father, Tim Mott.

Julie Mott died on Aug. 8 from cystic fibrosis. Davis has worked at the funeral home for only threemonths.

Davis is being held in the Bexar County jail on a $10,000 bond.

Contributing: The Associated Press

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Question 13

2pts

In this article, what kind of case is reported?

criminal

civil

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Question 14

2pts

In this article, what kind of case is reported?

public

private

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Question 15

2pts

In this article, what kind of case is reported?

federal court

state court

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Question 16

2pts

Which best describes the amount of evidence the plaintiff must prove in order to win this case?

proof beyond a reasonable doubt

clear and convincing evidence

a preponderance of the evidence.

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Question 17

2pts

Which is a possible outcome of the case reported in this article?

Roger Davis could be sent to jail and the family of Julie Mott could receive an award of compensatory damages.

The family of Julie Mott could receive an award of compensatory damages.

Roger Davis could be sent to jail.