Assignment:
Question 1. Your company has been sued for product liability and has a case going to trial next week. In researching some of the applicable cases, you have found some favorable language that interprets the applicable statute. Your supervisor has asked you to write a summary of the circumstances under which the judge should rely on existing case law to determine the intent and purpose of a statute.
How do case law and statutory law interact in the American legal process? Does one trump the other or take priority? When there is a statute and case law that apply, does the court have any discretion in how to apply the law to your case?
Question 2. The state of Delmarva is making an effort to become greener and conserve more energy to set an example for its corporations from a corporate social responsibility standpoint. The state would therefore like to ban the power utilities from using any advertising if conservation could be accomplished by less restrictive means.
Is Delmarva within its rights as a state to pass this legislation in the interest of energy conservation? Why or why not? What type of speech is the state trying to limit? What, if any, protections are available for the utility companies?
Question 3. Create a brief scenario and walk it through the litigation process, beginning with how to select the proper jurisdiction of a court, and progressing through the basic steps leading to a resolution of the dispute through appeal.
Question4.Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea's desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car?
Question 5. What is the Uniform Commercial Code (UCC)? What transactions are covered by the UCC? Provide two original examples of transactions that would be covered by the UCC in a business context
Question 6. Explain the function and purpose of an administrative agency. At what level of government do we find agencies, and how and by whom or what are they empowered to do what they do?
Question 7. SoftWorld Products, Inc. develops, patents, and markets a new software program that is expected to the Internet market by storm. Seeing the potential of SoftWorld Products, Inc.'s new system, Global Gurus, LLC, proceeds to sell SoftWorld Products, Inc.'s program without its permission.
Does this practice constitute patent infringement? If so, what steps could SoftWorld Products, Inc. take to save itself the financial burden of suing Global Gurus, LLC for patent infringement and that would simultaneously enable to profit from the sales being made by Global Gurus, LLC?
Question 8. Your Company, Inc. wants to do business with My Company, LLC. Because our companies are both savvy, they would like to conduct their business online. What determines the effect (or lack thereof) of the electronic documents evidencing the parties' deal according to the Uniform Electronic Transactions Act (UETA)? Is a "signature" from one of the company's a necessary part of the deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support your position.
Question 9. We often hear reference to the doctrine of respondeat superior in a business context. Explain this doctrine. What are the ramifications of actions taken in the context of this doctrine once it is that someone is an agent? What are the key factors that can be used to determine whether an agent's actions are within the scope of their employment? Explain these factors in the context of an original agency example demonstrating their importance
Question 10. Tim and Tom are twins. They live and work near the beach and are also partners in TnT, Inc., a bicycle messenger service. When deliveries are few, especially in the summer, Tom without telling Tim, rents the extra bicycles to tourists who want to explore the resort area. Because the bicycles aren't being used for deliveries, is it acceptable for Tom to keep the proceeds he receives from renting leasing the unused bicycles? Explain your answer based on the facts in the scenario in the context of partnership law.