Monday, October 31, 2011
October 31, 2011 - Term Papers Returned
As your term papers are returned this week - you can "cut and paste" the paper into a word document and my comments and notes in your paper will appear on the side as track changes. Or, if you want to read my comments and notes to you in the original e-mail they will appear at the bottom of the document with reference numbers.
October 31, 2011 - Personal Property and Bailments
1. What is the difference between real property and personal property?
2. Describe fee simple.
3. People who share ownership rights simultaneously in a particular piece of property are said to be ______________ owners.
4. Define tenancy in common.
5. Define joint tenancy.
6. Describe community property.
7. Is Idaho a community property state?
8. What is the most common way of acquiring personal property?
9. Describe possession.
10. Define production (as it relates to property possession).
11. Can you acquire property by gift? What three requirements must be met in order to acquire property by gift?
12. If a gift is challenged in court - what will the judge look at to decide?
13. Describe constructive delivery.
14. What are gifts inter vivos and cause mortis?
15. What is accession?
16. What is the difference between mislaid property and lost property?
17. How do you convert lost property?
18. What is an estray statute?
19. What is abandoned property?
20. What is a bailment?
21. What are the three elements of a bailment?
22. Does a bailment agreement have to be in writing?
23. What are the three types of ordinary bailment?
24. Does a bailee have the right to be compensated?
25. What are the duties of the bailee?
26. Brief La Place v. Briere
27. Describe the duties of the bailor?
28. Brief Treiber & Straub Inc. v. UPS, Inc.
2. Describe fee simple.
3. People who share ownership rights simultaneously in a particular piece of property are said to be ______________ owners.
4. Define tenancy in common.
5. Define joint tenancy.
6. Describe community property.
7. Is Idaho a community property state?
8. What is the most common way of acquiring personal property?
9. Describe possession.
10. Define production (as it relates to property possession).
11. Can you acquire property by gift? What three requirements must be met in order to acquire property by gift?
12. If a gift is challenged in court - what will the judge look at to decide?
13. Describe constructive delivery.
14. What are gifts inter vivos and cause mortis?
15. What is accession?
16. What is the difference between mislaid property and lost property?
17. How do you convert lost property?
18. What is an estray statute?
19. What is abandoned property?
20. What is a bailment?
21. What are the three elements of a bailment?
22. Does a bailment agreement have to be in writing?
23. What are the three types of ordinary bailment?
24. Does a bailee have the right to be compensated?
25. What are the duties of the bailee?
26. Brief La Place v. Briere
27. Describe the duties of the bailor?
28. Brief Treiber & Straub Inc. v. UPS, Inc.
Friday, October 28, 2011
Saturday, October 22, 2011
October 24 - 26, 2011- Criminal Law (Chapter 6)
1. What is the difference between civil law and criminal law?
2. What is the burden of proof in a criminal law case? In a civil law case?
3. In criminal law, who brings suit?
4. What two elements must exist for a person to be convicted of a crime?
5. Describe actus reus.
6. Describe mens rea.
7. Give three examples of a violent crime.
8. Provide two examples of a property crime.
9. Define White Collar Crime.
10. Define embezzlement.
11. How is embezzlement different from bribery?
12. What is insider trading?
13. What is the RICO statute? What are the four parts of the RICO act?
14. List 8 defenses to criminal liability.
15. Why is the fourth amendment to the U.S. Constitution important to us?
16. What must law enforcement have in order to obtain a search warrant?
17. Can the government "search and seize" produce in a business for example? Why?
18. Brief United States v. Moon.
19. Describe the Fifth Amendment protections. (due process, double jeopardy, self-incrimination).
20. What protections exist under the 6th and 8th Amendments?
21. What is the exclusionary rule?
22. Brief Herring v. United States
23. What are Miranda rights?
24. Refer to exhibit 6-3: Describe the major procedural steps in a criminal case.
2. What is the burden of proof in a criminal law case? In a civil law case?
3. In criminal law, who brings suit?
4. What two elements must exist for a person to be convicted of a crime?
5. Describe actus reus.
6. Describe mens rea.
7. Give three examples of a violent crime.
8. Provide two examples of a property crime.
9. Define White Collar Crime.
10. Define embezzlement.
11. How is embezzlement different from bribery?
12. What is insider trading?
13. What is the RICO statute? What are the four parts of the RICO act?
14. List 8 defenses to criminal liability.
15. Why is the fourth amendment to the U.S. Constitution important to us?
16. What must law enforcement have in order to obtain a search warrant?
17. Can the government "search and seize" produce in a business for example? Why?
18. Brief United States v. Moon.
19. Describe the Fifth Amendment protections. (due process, double jeopardy, self-incrimination).
20. What protections exist under the 6th and 8th Amendments?
21. What is the exclusionary rule?
22. Brief Herring v. United States
23. What are Miranda rights?
24. Refer to exhibit 6-3: Describe the major procedural steps in a criminal case.
October 24, 2011 - Paper Due Wednesday
Our term paper is due this Wednesday. Please come to class prepared to clarify any details as you finish up your paper.
Friday, October 21, 2011
Wednesday, October 19, 2011
October 19, 2011 - Warranties and Product Liability (Chapter 17)
1. What is a warranty?
2. What is a warranty of title?
3. List the three ways a seller can create an express warranty.
4. Under UCC 2-313, what does basis of the bargain mean?
5. Do statements of opinion and value create express warranties?
6. What is an implied warranty?
7. According to UCC 2-314 what is an implied warranty of merchantability?
8. Brief Shoop v. DaimlerChrysler Corp.
9. What is an implied warranty of fitness for a particular purpose?
10. What is the difference between particular and ordinary?
11. Can a warranty arise from a course of dealing - implied from prior trade customs? Why?
12. What is a warranty disclaimer?
13. What is the Magnuson-Moss warranty act?
14. What is a lemon law?
15. Describe product liability?
16. What is negligence?
17. What are the three assumptions that form the basis for strict product liability?
18. What are the six requirements for strict liability.
19. Brief Wyeth v. Levine.
20. What is a design defect?
21. What is a manufacturing defect?
22. What is the theory of comparative fault?
2. What is a warranty of title?
3. List the three ways a seller can create an express warranty.
4. Under UCC 2-313, what does basis of the bargain mean?
5. Do statements of opinion and value create express warranties?
6. What is an implied warranty?
7. According to UCC 2-314 what is an implied warranty of merchantability?
8. Brief Shoop v. DaimlerChrysler Corp.
9. What is an implied warranty of fitness for a particular purpose?
10. What is the difference between particular and ordinary?
11. Can a warranty arise from a course of dealing - implied from prior trade customs? Why?
12. What is a warranty disclaimer?
13. What is the Magnuson-Moss warranty act?
14. What is a lemon law?
15. Describe product liability?
16. What is negligence?
17. What are the three assumptions that form the basis for strict product liability?
18. What are the six requirements for strict liability.
19. Brief Wyeth v. Levine.
20. What is a design defect?
21. What is a manufacturing defect?
22. What is the theory of comparative fault?
Sunday, October 16, 2011
October 17, 2011 - Performance and Breach of Sales and Lease Contracts
1. What is the basic obligation of the seller or lessor in a sales or lease contract.
2. What are conforming goods?
3. What are non-conforming goods?
4. What does UCC 2-308 (a) tell us?
5. What four things must a seller do to perfect a "shipment contract"?
6. What is a destination contract?
7. Describe the perfect tender rule?
8. What is the one major exception to the perfect tender rule?
9. What is commercial impracticability?
10. Brief Maple Farms v. City School District of Elmira
11. What happens if we have partial performance?
12. Do you think parties should be able to use the global financial crisis to "get out" of their contracts? Why or why not - and under what legal theory would you argue to get a client out of a contract using global financial crisis as justification?
13. What is a right of assurance under the UCC?
14. What does UCC 2-513 tell us?
15. List the three ways in which a buyer can accept goods?
16. What is anticipatory repudiation?
17. What following remedies are available to the seller if buyer breaches the contract before goods have been delivered?
18. When, according to UCC 2-703 does the seller have the right to cancel the contract?
19. When can a seller resell or dispose of goods according to the UCC?
20. In a sales contract, _____________ can be recovered resulting from breach under UCC 2-706.
21. When does the seller have the right to stop delivery of the goods (list all three) under UCC 2-705 (2).
22. What six options are available when the seller refuses to deliver the goods?
23. Brief Houseman v. Dare.
24. What is the legal theory of "cover"?
25. What happens when the seller delivers non-conforming goods?
(hint: reject/revocation)
26. Brief Fitl v. Strek.
2. What are conforming goods?
3. What are non-conforming goods?
4. What does UCC 2-308 (a) tell us?
5. What four things must a seller do to perfect a "shipment contract"?
6. What is a destination contract?
7. Describe the perfect tender rule?
8. What is the one major exception to the perfect tender rule?
9. What is commercial impracticability?
10. Brief Maple Farms v. City School District of Elmira
11. What happens if we have partial performance?
12. Do you think parties should be able to use the global financial crisis to "get out" of their contracts? Why or why not - and under what legal theory would you argue to get a client out of a contract using global financial crisis as justification?
13. What is a right of assurance under the UCC?
14. What does UCC 2-513 tell us?
15. List the three ways in which a buyer can accept goods?
16. What is anticipatory repudiation?
17. What following remedies are available to the seller if buyer breaches the contract before goods have been delivered?
18. When, according to UCC 2-703 does the seller have the right to cancel the contract?
19. When can a seller resell or dispose of goods according to the UCC?
20. In a sales contract, _____________ can be recovered resulting from breach under UCC 2-706.
21. When does the seller have the right to stop delivery of the goods (list all three) under UCC 2-705 (2).
22. What six options are available when the seller refuses to deliver the goods?
23. Brief Houseman v. Dare.
24. What is the legal theory of "cover"?
25. What happens when the seller delivers non-conforming goods?
(hint: reject/revocation)
26. Brief Fitl v. Strek.
Thursday, October 13, 2011
October 14, 2011 - Commercial Transactions (Chapter 15)
1. What is a sale?
2. What are goods?
3. Why should internet sales be taxed? Why should internet sales not be taxed?
4. What is a good associated with real estate?
5. What happens if goods and services are combined - does the UCC or common contract law prevail? Why?
6. Define and list the qualifications of a merchant.
7. Brief Jannusch v. Naffziger.
8. Define a lease agreement.
9. List the three elements of a consumer lease.
10. Regarding UCC, Art 2 and 2A, describe the formation of a sales and lease contract.
11. What happens in business law if there are "open terms"?
12. What happens in business law if a party does not specify a sales price?
13. Describe a requirements contract.
14. Describe a merchant's firm offer.
15. How can acceptance of an offer be communicated?
16. Can additional terms to a contract in business law be added to a contract for a sale of goods?
17. Does consideration also apply to sales and lease contracts? Why or why not?
18. When does modification without consideration require a writing?
19. When does the statute of frauds apply to sales and lease contracts?
20. What special rules exist for contracts between merchants?
21. Brief Glacial Plains v. Lindgren.
22. What is the parole evidence rule?
23. What is a course of performance rule in business law?
24.What three options are available to the court if a business law contract is unconscionable?
25. What does identification of the good mean in contract law and why is it important?
26. When and how does title pass when goods are shipped from a manufacturer to a customer?
27. Can delivery occur without movement of goods in contract law?
28. Who bears the risk of loss when a contract is breached?
29. What does "cure" mean in business law contracts?
2. What are goods?
3. Why should internet sales be taxed? Why should internet sales not be taxed?
4. What is a good associated with real estate?
5. What happens if goods and services are combined - does the UCC or common contract law prevail? Why?
6. Define and list the qualifications of a merchant.
7. Brief Jannusch v. Naffziger.
8. Define a lease agreement.
9. List the three elements of a consumer lease.
10. Regarding UCC, Art 2 and 2A, describe the formation of a sales and lease contract.
11. What happens in business law if there are "open terms"?
12. What happens in business law if a party does not specify a sales price?
13. Describe a requirements contract.
14. Describe a merchant's firm offer.
15. How can acceptance of an offer be communicated?
16. Can additional terms to a contract in business law be added to a contract for a sale of goods?
17. Does consideration also apply to sales and lease contracts? Why or why not?
18. When does modification without consideration require a writing?
19. When does the statute of frauds apply to sales and lease contracts?
20. What special rules exist for contracts between merchants?
21. Brief Glacial Plains v. Lindgren.
22. What is the parole evidence rule?
23. What is a course of performance rule in business law?
24.What three options are available to the court if a business law contract is unconscionable?
25. What does identification of the good mean in contract law and why is it important?
26. When and how does title pass when goods are shipped from a manufacturer to a customer?
27. Can delivery occur without movement of goods in contract law?
28. Who bears the risk of loss when a contract is breached?
29. What does "cure" mean in business law contracts?
Sunday, October 9, 2011
October 10, 2011 - Torts and Cyber Torts
1. What is a tort?
2. Provide one example of a business tort?
3. What are cyber torts?
4. Describe the purpose of a tort?
5. Define compensatory damages.
6. Why do some want tort reform?
7. List three goals of tort reform.
8. An intentional tort requires ___________.
9. Who is the tortfeasor?
10. Define an assault.
11. Define a battery.
12. List four defenses to assault and battery.
13. Describe intentional infliction of emotional distress.
14. Define defamation.
15. What is libel?
16. What is slander?
17. What is typically an absolute defense against defamation?
18. List four types of invasion of a right to privacy.
19. What is an appropriation?
20. Describe fraudulent misrepresentation.
21. Describe wrongful interference with a contractual relationship.
22. Is wrongful interference with a business relationship a tort? Why or why not?
23. Describe trespass to land.
24. What is trespass to personal property?
25. What is a conversion?
26. Brief Trustees of University of D.C. v. Vossoughi.
27. What is an unintentional tort?
28. List the four elements of an unintentional tort.
29. Describe the reasonable person standard.
30. Why do landowners owe a duty to protect persons coming onto their property?
31. Describe the duty of professionals.
32. Brief Palsgraf v. Long Island R.R.
33. What is Res Ipsa Loquitur?
34. What is negligence per se?
35. Describe a cyber tort.
2. Provide one example of a business tort?
3. What are cyber torts?
4. Describe the purpose of a tort?
5. Define compensatory damages.
6. Why do some want tort reform?
7. List three goals of tort reform.
8. An intentional tort requires ___________.
9. Who is the tortfeasor?
10. Define an assault.
11. Define a battery.
12. List four defenses to assault and battery.
13. Describe intentional infliction of emotional distress.
14. Define defamation.
15. What is libel?
16. What is slander?
17. What is typically an absolute defense against defamation?
18. List four types of invasion of a right to privacy.
19. What is an appropriation?
20. Describe fraudulent misrepresentation.
21. Describe wrongful interference with a contractual relationship.
22. Is wrongful interference with a business relationship a tort? Why or why not?
23. Describe trespass to land.
24. What is trespass to personal property?
25. What is a conversion?
26. Brief Trustees of University of D.C. v. Vossoughi.
27. What is an unintentional tort?
28. List the four elements of an unintentional tort.
29. Describe the reasonable person standard.
30. Why do landowners owe a duty to protect persons coming onto their property?
31. Describe the duty of professionals.
32. Brief Palsgraf v. Long Island R.R.
33. What is Res Ipsa Loquitur?
34. What is negligence per se?
35. Describe a cyber tort.
Wednesday, October 5, 2011
Sunday, October 2, 2011
October 3, 2011 - Breach and Remedies (Chapter 14)
1. Define compensatory damages.
2. Define consequential damages.
3. Define punitive damages.
4. Define nominal damages.
5. Why do we have a duty to mitigate damages?
6. Brief Hadley v. Baxendale.
7. Brief Hanson v. Boeder.
8. What are liquidated damages?
9. What is a penalty?
10. Define restitution.
11. What is the difference between restitution and rescission?
12. Describe specific performance. Why might we want specific performance in a contract?
13. What are contract for personal services?
14. What is a reformation?
15. Brief Drake v. Hance.
16. What are the four requirements of quasi contract?
2. Define consequential damages.
3. Define punitive damages.
4. Define nominal damages.
5. Why do we have a duty to mitigate damages?
6. Brief Hadley v. Baxendale.
7. Brief Hanson v. Boeder.
8. What are liquidated damages?
9. What is a penalty?
10. Define restitution.
11. What is the difference between restitution and rescission?
12. Describe specific performance. Why might we want specific performance in a contract?
13. What are contract for personal services?
14. What is a reformation?
15. Brief Drake v. Hance.
16. What are the four requirements of quasi contract?
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