(TCO 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? (Points : 25) Question 2. 2. (TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state companies doing business in the state than it imposes on in-state companies. The reason behind the legislature’s enactment of this law is to protect the local firms from out-of-state competition because they are losing local business, which is affecting the state’s economy. Is this law legal, or is it a violation of equal protection for a state to impose? What legal standards could the court apply in evaluating the constitutionality of a law and which would apply in this instance? Explain. (Points : 25) Question 3. 3. (TCO 3) Jane lives in Florida and owns a small fresh fruit market. Robert lives in Georgia on a peach farm. For years, Jane and Robert have worked together; Jane buying peaches from Robert and Robert selling peaches to Jane for resale. Jane travels across the border to Georgia to buy her peaches because she knows that Robert has the best peaches in Georgia and her customers love them and come from miles to buy them from her. Jane contracted with Robert to buy 4 bushels of peaches and traveled to Georgia, as usual, to pick them up. Unfortunately, before Jane arrived, Robert sold her peaches to Xavier, a gentleman from North Carolina who was passing through and insisted on buying every last peach available. Jane wants to sue Robert for breach of contract. Can Jane sue Robert? What claims could she raise and in what court would she raise them? Explain your answer from a jurisdictional standpoint using the above scenario. What types of jurisdiction are at play? (Points : 25) Question 4. 4. (TCO 4) Tom tells Bob that he will pay Bob $5,000 to put a cherry bomb in his gas tank so that Tom can collect money from the insurance policy on a new, cherry red sports car. If Bob carries out Tom’s wishes and places a cherry bomb in the gas tank of Tom’s car, but Tom then refuses to pay Bob, what recourse does Bob have to recover on the agreement he claims to have with Tom? Can Bob recover? Why or why not? (Points : 25) Question 5. 5. (TCO 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. (Points : 25) 1. (TCO 6) Explain your understanding of administrative law. How would you classify administrative law from a categorical standpoint as it fits in the context of other areas of law and what procedures are involved in the administrative process as it pertains to an agency’s function and purpose? (Points : 25) Question 2. 2. (TCO 7) What is intellectual property? What are copyrights, trademarks, and patents and why are they protected by the law? (Points : 25) Question 3. 3. (TCO 8) Provide a scenario that demonstrated a situation involving online defamation. What laws apply and what issues will arise in this context? How would this be classified as a cybertort and what is that by definition? How are tort theories being applied in cyberspace? (Points : 25) Question 4. 4. (TCO 9) Sue owns as company called Tons of Toys, Inc. (TOT). TOT, has just a few employees, including Lori, Sue’s personal assistant. Due to Sue’s extensive travel requirements to market her company, Lori has the authority in her absence to keep things running. On Sue’s latest trip, Lori without consulting Sue or having the proper authority, represents herself as Sue and signs a promissory note in Sue’s name. Will Sue be liable on the note? If so, under what circumstances? If not, why not? Explain in your answer in the context of this scenario as it relates to authority from an agency standpoint. (Points : 25) Question 5. 5. (TCO 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. (Points : 25).


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