Discussion #1
Roger and Emma were married and purchased a newly built home that had no lawn or any other landscaping. Over the next several years, they spent countless weekends landscaping their yard with expensive and exotic shrubbery and trees. They also had a large above ground swimming pool in the backyard. Because Emma got a job transfer to another city, they were forced to sell their beautiful home. They also had an antique china cabinet built into the dining room with Emma's grandmother's chandelier installed. After the sale, but before closing and moving away, they began uprooting several shrubs, the china cabinet, the chandilier, and removing the pool to take to their new home. The buyer objected to the removal claiming that the shrubbery and the pool were real property and thus were included in the sale of the home. Roger and Emma claim that they are personal property so they are entitled to take them.
Who gets to keep the: Also, tell me why?
a. shrubbery?
b. pool?
c. house?
d. china cabinet?
e. chandilier?
Discussion #2
Stuart, a resident of Georgia, sold his house in Texas to Frank. Since Stuart couldn't be in Texas for the closing, he hired Lisa, an attorney-at-law, to represent him at the real estate closing. Stuart provided Lisa with a contract of agency giving her the authority to sell his house. At the closing, .Lisa also agreed to sell Frank an expensive piano of Stuarts that was still in his home.
Unknown to Lisa, Stuart filed for bankruptcy in Georgia before the closing.
a. Does Lisa have implied authority to sell the piano?
b. Does Lisa have apparant authority to sell the piano?
c. Can Stuart get his piano back?
d. How does Stuart's bankruptcy affect the agency agreement?
Find a recent case (in the past 6 months) on either: Constitutional Law or Contract Law (it needs to be an issue in one of these 2 areas that we cover in this class).
Print out the case from that cite, read the case and submit a written brief of this case. Discuss:
1. The facts of the case (tell me what happened prior to trial that led up to the case)
2. The law(s) that were affected
3. The issues at hand (this will be the topic that you chose; if there are more issues than your topic, just concentrate on your issue)
4. Trial Courts ruling. If this is an Appeals Court - appellate court's ruling
5. Why the court held that way
6. If you think the decision was ethical and fair or not - and why or why not.
You also need to submit the actual case itself along with the brief.