What is the common law?
> Under the circumstances described in the previous question, Eldon, another spectator, also sits in the stands behind the plate where the backstop should be. Unlike Nikita, Eldon is fully aware of the risk. During the game, Eldon is struck and injured by
> Suppose that George, the owner of a softball park, has a duty to provide a backstop to protect spectators who want the protection against the risk of being hit by a ball. Nikita, a visitor from Eastern Europe, sits in the stands behind the plate where t
> How does ratification affect the right of mentally incompetent persons to avoid their contracts?
> 1. Should the application of the concept of proximate cause be expanded to allow recovery in more cases, or should it be limited to reduce the frequency and amounts of recovery? Why? 2. What would be the advantages and disadvantages of a universal princi
> Which torts protect against the intentional interference with property?
> What are defenses to charges of wrongful interference with the business rights of others?
> What is the basis for the tort of defamation?
> What are defenses to charges of assault and battery?
> Considering that punitive damages are intended in part to punish, should a defendant’s financial situation be taken into account in setting the amount?
> Which torts protect against the intentional interference with persons?
> Should religious displays on public property be held to violate the establishment clause?
> Should the First Amendment protect all speech?
> What is the distinction between the degrees of regulation that may be imposed on commercial and noncommercial speech?
> In what circumstance can an intoxicated person avoid a contract even if the intoxication was purely voluntary?
> In reviewing tax laws, what do the courts focus on?
> What is preemption?
> What is the conflict between the states’ police power and the commerce clause?
> What is the doctrine of separation of powers and what is its purpose?
> What is the national government’s relation to the states?
> Would a state law imposing a fifteen-year term of imprisonment without allowing a trial on all businesspersons who appear in their own television commercials be a violation of substantive due process? Would it violate procedural due process?
> What is the basic structure of the American national government
> What is the principal difference between negotiation and mediation?
> Who can appeal from a trial court’s decision?
> What are the advantages of discovery?
> How does ratification affect the right of minors to avoid their contracts?
> When may a federal court hear a case?
> What are the defendant’s possible responses?
> What are the first steps in bringing a legal action?
> When may a court exercise jurisdiction over a party whose only connection to the jurisdiction is via the Internet?
> What is the primary consideration in deciding whether to settle a dispute or take the dispute to court?
> What is arbitration?
> If a corporation is incorporated in Delaware, has its main office in New York, and does business in California, but its president lives in Connecticut, in which state(s) can it be sued?
> Do businesses have an ethical duty to use enhanced security measures to protect confidential customer information? Why or why not? For example, if an employer allowed its employee to store customers’ unencrypted personal information on a laptop outside o
> Because business controls so much wealth and power, what duty does it arguably have to society?
> 1. To whom might a corporation owe a duty? 2. What must a corporation do if it finds itself subject to conflicting duties?
> When a contract has been executed, what must a minor do to disaffirm it?
> How does a corporation’s investment in a political or social agenda affect its duty to its shareholders?
> Does a company have a duty to act in socially or politically beneficial ways?
> Why would a corporation prefer to be seen as ethical?
> In negotiating a business deal, is “strategic misrepresentation” permissible?
> What are reasons for unethical business behavior?
> If justice is defined as the fair, impartial consideration of opposing interests, are law and justice the same thing?
> How does a law come to be an expression of an ethical principle?
> Identify and describe remedies available in equity.
> Discuss the differences within the classification of law as civil law and criminal law.
> What is the Uniform Commercial Code?
> Are minors legally bound to every contract that they enter into?
> 1. What is the supreme law of the land? 2. What are statutes? 3. What are ordinances? 4. What are administrative rules?
> What is stare decisis? Why is it important?
> What is the primary function of law?
> What are some of the significant variations in the practical application and effect of contract laws among nations?
> What are some of the differences among nations’ judicial systems?
> Do U.S. discrimination laws apply in foreign countries?
> How does the Sherman Act affect international business?
> What are some of the differences among common law and civil law systems?
> Are common law and civil law systems wholly distinct?
> Can a minor enter into any contract that an adult can?
> What is the difference between expropriation and confiscation?
> Discuss the act of state doctrine.
> 1. How is the principle of comity applied? 2. What other considerations can take precedence over comity?
> What is the principle of comity, and why do courts deciding disputes involving a foreign law or judicial decree apply this principle?
> 1. OptiAmp Corp. promises you that its electrical equipment will meet the needs of any venue from a stadium to a café. You buy the equipment for Playtime, your urban rap club, but it is not sufficient to power the lighting, heating, and refrigeration sys
> 1. For the Summer Solstice Symphonic Symposia—a series of workshops for composers and musicians—you order fifty Tundra-brand cellos from The String Instrument Source, Inc. The Source confirms your order in writing. On the last day to ship the order, the
> 1. Sassy Brass Instrument Co. owns a warehouse where it stores its inventory of band and orchestral instruments. In your capacity of band director for a school district, you order seventy-six trombones from Sassy. The seller identifies the goods to be sh
> 1. As a beginning songwriter and performer, you are convinced that a certain model of electric guitar is what you need to turn the musical world on its ear. Chick’s Music Store advertises the item but because the store is sold out of the guitars when you
> 1. With the profits from Sportz!, a successful pop-rock album, you make a down payment on an isolated ranch on which you arrange for the construction of a sports park. The park includes grassy fields and paved courts, indoor and outdoor pools, and skate
> 1. You and your country group Haze perform before an enthusiastic crowd at the Idyll County Fair. Jack, the owner of a local club, sees you perform and likes what he sees. Without a written contract, Jack begins to support your group, arranging gigs, col
> When is a contract so ambiguous that a court may have to interpret its terms?
> 1. You begin your career in music as a keyboardist, writing songs for Lifelong, a faith-based rock group. With success comes the opportunity to record for Masterworx Studios, where you pick up the skills of a recording engineer. Now, as a sought-after pr
> 1. You own Chords, a music store. You have a basic knowledge of bookkeeping—you can balance a checkbook—but you are not an accountant. Dana, a local bass guitarist and entrepreneur, offers to buy Chords and asks about its finances. Using bills and receip
> 1. As the keyboardist for Mirror Image, you move with the band to New York as part of a six-album recording and performing agreement with Omni Music, Inc. Perla, an accountant licensed in California, misrepresents to you that she is licensed in New York.
> 1. On May 1. Franco sells you, a minor, an electric guitar and amplifier. On June 1, you attain the age of majority. On June 5, Franco is offered a considerably larger sum of money by Garth for the instrument that he sold to you. Franco offers to return
> 1. Gerard, an events promoter and coordinator, promises to stage a concert for the benefit of Kids Care, a charitable organization dedicated to helping disadvantaged youth. In reliance on the anticipated receipts, Kids Care contracts for the construction
> 1. In your capacity as talent coordinator for Ideal Concert Promotions, Inc., you offer the James Brothers, a new, suddenly popular pop group, a certain price to play the Luminous Center Stadium on a certain date. The offer states that it will expire thi
> 1. You own a small club—Sammy D’s—that features local musicians. On Tuesday night, you post a notice promising to pay $100 to any musician who takes to the stage for one hour. Tyler steps up to the microphone and opens a sixty-minute set with a cover of
> 1. You are an extraordinarily successful performing artist with three platinum albums, including “I M GR8,” which spawned “Top o’ Da Heap” and four other hit singles. You visit your local Car Sales Showroom and choose a couple of rides. To pay for the ve
> 1. You download apps to play a variety of video games on your cell phone. You find these games so addictive that despite increasingly negative consequences—a car accident, a divorce, and the loss of your job—you continue to play incessantly. As your debt
> 1. In the video game “Block x Block,” your avatar Blockhead is the executive loan officer for Alpha Mortgage & Credit Company. At this point in the game, Carlotta asks to borrow funds from Alpha to start a new business. She has $100,000 equity in her hom
> When might reliance form the basis for contract rights and duties despite a lack of consideration?
> Under the Foreign Sovereign Immunities Act, what comprises a foreign state?
> 1. You are the chief executive officer of Money Games Inc. (MGI), which has begun to market Borrow & Spend, a video game set in the world of finance. To buy ads, MGI borrows $50,000 from First Savings Bank. On MGI’s behalf, you sign a note for the loan a
> 1. The winning objective of the video game Acquisition is to attain high market value by acquiring other companies’ assets. As the tech star-up Alpha Beta, you realize wild success in the market and immediately begin to buy competitors, as well as other
> 1. The video game Phantasm requires two or more players who confront malicious phenomena—ghosts, zombies, and so on—and combine their abilities to capture the bad guys for delivery to university research centers. In the game, you orally agree with your p
> 1. In the video game “Bills & Coins,” each player tracks income, spending, investments, and taxes in a simulated real-world environment to exceed the net worth of the other players with whom business is transacted. Your character, “Money Man,” is given t
> 1. You are playing “Kill ‘Em Again Inc.” in which your avatar, Nick, drives around the streets of Urban City to duel zombies. To play, the game requires that you buy a ride. So you sign this on-screen instrument. May 1, 2018 I promise to pay t
> 1. You want a copy of “Banx & Chex,” a computer game that simulates financial transactions, with the goal of accruing as much virtual profit as possible. Without the real money to pay for it, however, you “borrow” one of your roommate’s paychecks, sign h
> 1. You create a new video game-playing device that you call “The Gem.” Its revolutionary twist on other game devices is that The Gem can respond to a player’s eye movements, making a handheld joystick or similar control almost unnecessary. At this point,
> 1. RaceCar2010 is a video game that features races in virtual locations throughout the United States—in the clouds above Hawaii, down the slopes of the Rockies, along the length of the Appalachian Trail, among others. In each contest, your opponent drive
> 1. In the video game Brainiac, each player solves puzzles and answers questions based on information displayed on the screen. The quicker and more accurate answers score more points. As the creator, developer, and seller of Brainiac, you hope to sell mil
> 1. You are playing AniMax, a video game in which you assume the identity of “Max,” a resident of New Jersey with the power to morph into vicious animals to battle a variety of super- and sub-human beings. As a Siberian tiger, you confront a series of dea
> What is a release?
> 1. You’re playing Sun Ascendant, a video game in which the sun has burned out, and your goal is to accomplish certain tasks, advance to different levels, collect eight “Golden Orbs,” and ultimately restart the fire in our sun. The difficulty of mastering
> 1. You see a spot in the market for a video game outlet. You open “GameBox” to profit from local sales, rentals, and exchanges. Hott Games Company promises to ship a certain assortment of games and gear for your grand opening. Despite this contract, Hot
> 1. You are playing the video game Fire Fights, in which your character Frank the Firefighter speeds from one fiery inferno to another, answering calls to douse towering flames, rescue trapped inhabitants, and save burning structures from destruction. In
> 1. You go to Games Galore Store to buy a copy of the latest installment in the “Furious Finale” video game series. It is available only at the manufacturer’s price, which is the same price at all local outlets, and not otherwise available. Previous insta
> 1. You are playing the video game Risky Hazards, in which your character is an inspector for the Occupational Safety and Health Administration. In one scenario, you enter what appears to be a deserted warehouse to find a small group working in a dimly li
> 1. In the video game Ancient Warriors, your character combats evildoers from the past. Each warrior is more difficult to overcome than its predecessors. By skillfully using the weapons and attributes that accrue to your character after a victory, however
> 1. To develop what you believe is a terrific idea for a video game, you lease 50,000 square feet in an office building from Commercial Property, LLC, under a written five-year lease. Your goal is to put the game on the market within two years. Several mo
> 1. The video game Storm features different sports played in the midst of natural disasters—skiing in a blizzard, running a marathon under the belch and plume of an erupting volcano, and so on. In one segment, a tornado fells a forest of trees. Your goal
> 1. The video game Myth is based on the tales of Zeus and other Greek and Roman gods and goddesses. One of the most popular segments of the game begins with the release of evil from Pandora’s box with you, the player, assigned the task of rounding up the
