Wally, a law school student, is an intern for Rebecca, an assistant professor
who is attempting to get tenure at Imperial Law School in part by getting an article
published on the right to a jury trial. Rebecca asks Wally to explain to her the right
16.1 [Sales Promotion Discussion]
It is not ethical for me to have this kind of conversation. My company is planning this
sales promotion and letting this information out can jeopardize the effectiveness of the sale. The
reason why is, my friend can share
5.2 [Protect Environmental Services, Inc. v. Norco Corp., 403 S.W.3d 532 (Tex. App. 2013).]
When a third party reasonably believes that a agent has authority to act for and bind the
principal. Also, from the text, the definition says Principal by words, a
14.2 [Riverdale Mills Corp. v. Pimpare, 392 F.3d 55 (1st Cir. 2004).]
I would say the test results would need to be thrown out because they were trespassing on
the Mills property. The tests were obtained by accessing a manhole on the edge of the Riverdale
19.2 [Walkovsky v. Carlton, 223 N.E.2d 6 (N.Y. 1966).]
Yes, a sole proprietorship is the business. They do not act as limited liability or share
proprietorship with another party to reduce the liability. Yes, the plaintiff has a valid claim being
13.2 [Nelson v. James H. Knight DDS, P.C., 834 N.W.2d 64 (Iowa 2013). See also
Complaints and Demand for Jury Trial, Edwards v. Nicolai, No. 160830/2013 (N.Y. Sup. Ct.
Nov. 20, 2013).]
No, this would not be considered sex discrimination. The dentist compl
7.1 [Dahl v. HEM Pharmaceuticals Corp., 7 F.3d 1399 (9th Cir. 1993).]
I would recommend getting with our legal department to determine if the contract is
binding or not. Being that it was an agreement, I would say that it is binding, but that decision
Chapter 3 4 Questions
3.2. [AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011).]
The arbitration clause is enforceable because all parties agreed to coming to an agreement
concerning the false advertising claim of the free cell phones. Als
12.2 [Bins v. Exxon Co. U.S.A., 220 F.3d 1042 (9th Cir. 2000).]
Exxon should prevail because there has to be facts that when Bins inquired about the
plan, that the plan was finalized and decided upon. A company does not have the responsibility
Chapter 1 2 Questions
1.2 What effect does this body of law or legal tool have on the competitive environment and
the firms resources?
Helps promote economic growth, protect worker interests, it promotes consumer welfare
and public welfare. It
21.1 [SEC v. Life Partners, Inc., 102 F.3d 587 (D.C. Cir. 1996); see also Premium of
America, LLC v. Save POA, LLC, 2012 WL 4480693(d. Md. Sept. 27, 2012), affd by 517 f.
Appx 159 (4th Cir. 2013).]
Yes. Any transaction that involves an investment of money
11.2 [McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC, 511 F.3d 350 (3d Cir. 2007);
McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC, 566 F. Supp. 2d 378 (E.D. Pa.
No the company cannot be sued for trade dress. The company is not using
9.2 [Ewen v. Maccherone, 927 N.Y.S.2d 274 (N.Y. App. Term 2011).]
Christian and Britt Ewens would prevail under the Private Nuisance term. Private
nuisance according to the text is interference with an individuals use and enjoyment of his or her
17.2 [Stevenson v. TRW Inc., 987 F.2d 288 (5th Cir. 1993).]
Yes, TRW Inc. mishandled the fair reporting of Mr. Stevensons credit. This happen after
Stevenson disputed the charges and that dispute pushed TRW to remove the inaccurate
information. The Consum
The presiding official at an administrative proceeding who has the power to issue an order resolving the
law judge (ALJ) legal dispute.
Standard for judicial review of an admin
Chapter 8 Sales,
Licensing, and ECommerce
An agreement to the amount offered for certain services or products. Acceptance may be verbal,
written, or implied by action.
An unfair type of contract by which sellers offer goods or
A trademark that is a real word whose ordinary meaning has nothing to do with the trademarked
The best way the inventor knows of making an invention at the time of filing the patent appli
Chapter 9 Torts
In defamation cases, the right of the defendant to publish with impunity a statement known by the
defendant to be false.
Proof that but for the defendant's negligent conduct the plaint
assumption of risk
The expressed or implied consent by plaintiff to defendant to take the chance of injury from a known
and appreciated risk.
The doctrine by which a court reduces damages awarded to an injur
Chapter 3 Sources of
Law, Courts and
A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath
or affirmation of the party making it, taken before a person having authority to administ
Chapter 5 - Agency
The express or implied power of an agent to act for and bind a principal to agreements entered into
by an agent.
A relationship in which one person (the agent) acts for or represents another person (the principal
Constitutional Bases for
The power of the Supreme Court and other courts of appeal to decide cases that have been tried in a
lower court and appealed.
The state of being
A defined contribution pension plan funded with contributions by the participants or a combination of
participant and employer contributions.
A collective bargaining unit in which the employees
Most courts require that a plaintiff prove reliance on an express warranty in order to recover
2 out of 2 points
A(n) _ places the license terms on the outside of a box containing software.
18.1 [ Arnholt v. Carlisle, 2011 WL 2436590 (Ohio Ct. App. June 6, 2011).]
No, he did not meet all requirements of adverse possession because he did not give the
current owner of the land, constructive notice of the adverse possession. He only made a
Chapter 7 - Contracts
acceptance An agreement to the amount offered for certain services or products. Acceptance may be
verbal, written, or implied by action.
accord See Accord and satisfaction.
accord and satisfaction An agreement to accept performance t