1. Fred Flintstone makes a written offer to sell his car to Barney for $5,000 and delivers his offer to Barney's office. Barney reads the offer, decides not to accept, and throws the paper in trashcan. Barney's coworker, Perry Prehistoric picks the paper out of the trash, reads the offer and signs the paper indicating his acceptance. He drives to Fred's office to present his acceptance. Is there a contract between Fred and Perry? Briefly explain using legal terms.
2. Emilio sold his restaurant to Amanda for $295,000. As part of the agreement, Emilio promised not to open another restaurant business for three years within a 250-mile radius of the one sold. Is this agreement enforceable against Emilio? Explain your answer using legal terms and concepts.
3. What are 2 advantages and disadvantages of using arbitration rather than litigation?
4. Explain in your own words at least 3 key differences between a civil case and a criminal case. (for each difference explain how the civil and criminal case are different)
5. Henry agrees to sell all the equipment necessary for Mark to start his own meth lab for $2,000. Mark agrees to pay $2,000. Henry delivers the equipment, but Mark refuses to pay. Can Henry sue Mark to recover the $2,000? Explain using legal terms/concepts.
6. Lauren takes her daughter to the doctor for her checkup. The doctor performs the checkup. Lauren and her daughter leave the doctor's office. Lauren and the doctor never discuss payment for his services, so she is surprised when she receives a bill a few weeks later for $100. Is there a contract? If so, what kind of contract? Explain using legal terms/concepts.
7. Jackie purchased a condominium. When she bought it, she realized the homeowner's association had a variety of rules and regulations that she would need to follow. One regulation was that no children were allowed to live in the complex. Two years after buying the condominium, Jackie gave birth to a child. She was immediately served with papers notifying her to move out of the complex. Discuss the constitutionality of the homeowner association's action.
8. Pablo, a resident of New Mexico, while driving through Arizona was struck by a SUV driven by Dick, a resident of California. Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at $200,000. Discuss the court system(s) in which Pablo may bring a lawsuit.
9. Reed, a 15-year-old, has run out of money while on a trip away from home. Martha gives him food, a place to sleep, and his bus fare home, in exchange for Reed's promise to pay $200 after he got home. Explain using legal terms and concepts whether Reed's promise is enforceable?
10. Hugo Huge is a 300 pound professional wrestler. One day, Hugo is working out at his local gym and is approached by Sam Skinny. Sam asked Hugo for his autograph. Hugo politely declined and continued to lift weights. But, Sam followed Hugo around the gym and kept pestering for an autograph. Finally, Hugo had enough. He hit Sam's arm hard enough to knock the water bottle from Sam's hands. Hugo then grabbed Sam by his shirt, held him up in the air, and told him in a very threatening voice to "leave him alone."
Using legal terms and concepts, discuss what, if any, legal claims Sam has against Hugo.
11. Woody never wanted his "Andy" to come off his boot, so he bought a special sealant called SuperShield. Unfortunately, the SuperShield was so strong that it burned a hole in his boot, so now his boot reads "A--Y"
Woody wants to sue the manufacturer, Big Bad Wolf, Inc., for product liability.
Both Woody and Big Bad Wolf are residents of California (close to Hollywood). Andy wants to sue for $50,000 in damages.
Andy wants to know:
1. Would the case be filed in state or federal court? Explain why.
2. If the case proceeded to trial, Andy is concerned that there may be prospective jurors who dislike cowboys. What is the jury selection process called AND what could you do to prevent these persons from serving on the jury (use appropriate legal term)?