Before a party can bring a lawsuit, what must he or she have?
> Hanjuan Jin, a Chinese citizen, worked at Motorola in the United States as a software engineer in a division that created proprietary standards for cellular communications. After a few years, she started corresponding with a company in China about a poss
> Regency Transportation, Inc., operates a freight business throughout the eastern United States. Regency maintains its corporate headquarters and other facilities in Massachusetts. The vehicles in Regency’s fleet were bought in other states. Massachusetts
> Lehman Brothers, Inc. (LBI), wrote a letter to Mary Ortegón offering her employment. The offer included a salary of $150,000 per year and an annual “minimum bonus” of $350,000. The bonus was not a “signing” bonus—it was clearly tied to her performance on
> Federal officers obtained a warrant to arrest Kateena Norman on charges of credit-card fraud and identity theft. Evidence of the crime included videos, photos, and a fingerprint on a fraudulent check. A previous search of Norman’s house had uncovered cre
> Savant Homes, Inc., is a custom home designer and builder. Using what it called the Anders Plan, Savant built a model house in Windsor, Colorado. This was a ranch house with two bedrooms on one side and a master suite on the other, separated by a combine
> How do protections guaranteed by the Bill of Rights apply to the states?
> Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit
> DSC Industrial Supply and Road Rider Supply are located in the North Kitsap Business Park in Seattle, Washington. Paul and Suzanne Marshall, who had outstanding commercial loans from Frontier Bank, owned both firms. Frontier dispatched one of its employe
> Abbott Laboratories licensed SmithKline Beecham Corp. to sell an Abbott human immunodeficiency virus (HIV) drug. Abbott then increased the wholesale price of its drug. This forced SmithKline to increase its price and thereby drove business to Abbott, whi
> Michael Mayfield, the president of Mendo Mill and Lumber Company in California, received a “notice of a legal claim” from Edward Starski. This “claim” alleged that a stack of lumber fell on a customer as a result of a Mendo employee’s “incompetence.” The
> Independence Plating Corp. (IPC) of New Jersey provides metal-coating services. It does not advertise or otherwise solicit business in North Carolina. Southern Prestige Industries, Inc., a North Carolina firm, contracted with IPC to ship parts from North
> Otto May, Jr., a pipefitter for Chrysler Group, LLC, was the target of racist, homophobic, and anti-Semitic remarks. He received death threats, his bike and car tires were punctured, and someone poured sugar into the gas tank of his car. A dead bird was
> Rebecca Nichols drove a truck for Tri-National Logistics, Inc. (TNI). On a delivery trip, Nichols’s fellow driver James Paris made unwelcome sexual advances. Nichols reported this behavior to TNI. Their employer left her with Paris in Pharr, Texas, for a
> Under a Massachusetts statute, large wineries could sell their products through wholesalers or to consumers directly, but not both. Small wineries could use both methods. Family Winemakers of California filed a suit against the state, arguing that this r
> Priscilla Dickman worked as a medical technologist at the University of Connecticut Health Center. Dickman’s supervisor received complaints she was getting personal phone calls and was frequently absent from her work area. Based on e-mails and other docu
> A patent is an exclusive right granted to the creator of an invention. Under U.S. law, a patent owner possesses that right for twenty years. The owner can allow another party to make and market a product based on the invention in exchange for a payment o
> Which part of the government has the exclusive authority to regulate trade and commerce among the states?
> Technology Incubation and Entrepreneurship Training Society (TIETS) is an association made up of members of a local community in India. TIETS contracted with Mandana Farhang, a resident of California, to develop and market certain technology. Later, Farh
> Mechanics replaced a brake assembly on the landing gear of a CRJ–700 plane operated by GoJet Airlines, LLC. They installed gear pins to lock the assembly in place during the repair but then failed to remove one of the pins. After takeoff on the plane’s n
> For fifty years, the Soviet Union made and sold Stolichnaya vodka and licensed its trademark for use in the United States. After the Soviet Union collapsed, the state enterprise that had managed the mark was privatized and came under the control of Spiri
> How might a foreign firm violate U.S. antirust law?
> What forms of anticompetitive behavior does the Federal Trade Commission Act prohibit?
> When does price discrimination violate antitrust laws?
> Define monopolization.
> Describe the rule of reason.
> What is a per se violation?
> When can an agency hold a closed meeting?
> Why do businesses use methods of alternative dispute resolution to settle their disputes?
> In applying the arbitrary and capricious standard, what do courts typically consider?
> How are most administrative actions against individuals or organizations resolved?
> What are the most important investigative tools available to an agency?
> What are the three steps to notice-and-comment rulemaking?
> What is the difference between executive and independent agencies?
> What is a constructive trust?
> How does a living trust differ from a testamentary trust?
> What is the difference between the per stirpes and per capita methods of distribution?
> What is the basis for a landlord-tenant relationship?
> What is the definition of codicil?
> Before a trial begins, how can the parties obtain information and collect evidence about the case?
> What is a personal representative?
> For a claim of adverse possession to succeed, what four elements must be satisfied?
> On an assignment of a lease, who is obligated to pay the rent?
> What does the warranty of habitability require a landlord to do?
> When a tenant wrongfully retains possession of property, what is the landlord entitled to?
> What distinguishes a fixed-term tenancy from a periodic tenancy?
> When real property is sold, how is title to the property conveyed?
> Which interests in land do not include any rights to possess the property?
> Which rights, privileges, and powers are held by an owner in fee simple?
> What is a fixture?
> What are subsurface rights?
> What is the idea behind equitable redemption?
> What is the difference between a judicial foreclosure and a power of sale foreclosure?
> How can a bailor overcome a limit that a warehouse company places on its liability?
> On what does the degree of reasonable care required in a bailment situation depend?
> By what means can a bailee enforce his or her right to compensation?
> How can a bailment occur if the bailor does not voluntarily deliver the property to the bailee?
> Which type of property does a bailment involve?
> What is an estray statute?
> Who can claim title to lost property against the whole world, except the true owner?
> When do both federal and state courts have the power to hear a case?
> Who owns property after an accession?
> How can a gift be delivered when physical delivery is impossible?
> What types of owners share ownership rights simultaneously in particular property?
> If an insurance company does not act in good faith, what can the insured do?
> What does an incontestability clause provide?
> What general principles of law govern an insurance contract?
> How is insurance classified?
> When a broker deals with an applicant for insurance, the broker acts as an agent for whom?
> What is the primary effect of a discharge in bankruptcy?
> Who can be a debtor in a Chapter 7 proceeding?
> What is the principal difference between trial and appellate courts?
> Contrast international and national law.
> Why might a bankruptcy petition be dismissed?
> Where are bankruptcy proceedings held?
> What is an automatic stay?
> Why do lenders and borrowers often try to avoid foreclosure?
> When does a lender have the right to foreclose on mortgaged property?
> What important provisions should mortgage documents contain?
> What is the possible consequence to a lender of failing to record a mortgage?
> How does mortgage insurance protect a lender?
> What does a receiver do?
> What is a co-surety?
> Over what must a court have jurisdiction before it can hear a case?
> What is garnishment?
> What are a secured party’s basic remedies on a debtor’s default?
> In terms of a security agreement, what constitutes default?
> What is the floating lien concept?
> Discuss the scope of a security interest.
> When a corporation is dissolved, what are its creditors entitled to?
> What is a corporate takeover?
> Who must authorize corporate actions on extraordinary matters?
> When is a shareholder’s appraisal right available?
> What is a share exchange?
> What is the concept of corporate social responsibility?
> What is the difference between a merger and a consolidation?
> Whom can a debt-collection agency legitimately contact in an attempt to collect a debt?
> What are some fiduciary duties of directors and officers?
> What is the role of corporate officers?
> Why does a director have a right of inspection?
> Can a board delegate its responsibilities?
