Central District of California Contract and Law Discussion

Central District of California Contract and Law Discussion

Description/Paper Instructions

Central District of California Contract and Law Discussion

. Find and read the following cases

City of Everett Washington v.Mitchell, 631 P.2d 366, Web 1981 Wash. Lexis 1139 Supreme Court of Washington.

Welles v. Academy of Motion Pictures Arts and Sciences, Web 2004 U.S.Dist. Lexis (2004) United States District Court for the Central District of California.

Mesaros v.United States, 845 F.2d 1576, Web 1988 U.S.App Lexis 6055, United States Court of Appeals for the Federal Circuit.

Check the Legal Cases tab if you have trouble findng the cases on the internet or ask our wonderful librarian to help you. See Discussion Board for how to communicate with her.

2. Answer the following questions:

What theory does the court use to evaluate the contract?

What is the objective theory of contracts?

When will a court set aside a contract?

Should an advertisement be treated as an offer rather than an invitation to make an offer? Why or why not?

IWCC Intentional Infliction & Compensatory Damages Multiple Choice Questions

Jocelyn lets her dog out during the day. She doesn’t tie him up. He wanders over to Sawyer’s yard and digs up his plants. Sawyer warns Jocelyn that if she doesn’t tie her dog up, there will be consequences. Jocelyn ignores Sawyer’s warning, and doesn’t tie up the dog. Can Sawyer file a lawsuit against Jocelyn for trespass?

Group of answer choicesYes, because the dog, which is under Jocelyn’s control, entered Sawyer’s property and caused damage

No, because Jocelyn’s dog doesn’t know any better

No, because Sawyer can’t prove the dog is what caused the damage

No, Sawyer must sue the dog

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Which of the following best describes intentional infliction of emotional distress?

Group of answer choicesAny unexcused and intentional act that causes another person to be apprehensive of immediate harm

An assault resulting in physical contact

An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another

The filing of a lawsuit without legitimate grounds and with malice or the use of a legal process in an improper manner

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Which of the following best describes Compensatory Damages?

Group of answer choicesCompensatory Damages are intended to punish the wrongdoer and deter others from similar wrongdoings.

Compensatory Damages are appropriate only when the defendant s conduct was particularly egregious or reprehensible.

Compensatory Damages are intended to compensate or reimburse a plaintiff for actual losses.

Compensatory Damages are a privilege or immunity a person may have, that will not allow them to be liable for defamatory statements.

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Two sororities challenge each other to a game of broomballthrough their school’s intramural sports program. During the game, Erin falls, breaks her leg, and sues the intramural sports program for negligence. What is the the program’s best defense against negligence?

Group of answer choicesSuperseding Cause

Contributory Negligence

Assumption of Risk

Comparative Negligence

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Landowners are required to provide reasonable care for tenants in which of the following areas?

Group of answer choicesBedrooms

Bathrooms

Kitchens

A shared laundry room

Sam broke into Joe’s house at nighttime and tried to steal Joe’s wallet and smart phone, but he got caught. Sam had the intent to commit a felony when he broke into the house. What crime did Sam commit?

Group of answer choicesLarceny

Robbery

Burglary

Arson

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Generally, how often is voluntary intoxication a successful defense?

Group of answer choices”Always, intoxication invalidates any actions”

” Usually, if the judge is in a good mood”

Never.

” Rarely, unless it negates the key mens rea element of a crime”

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Which of the following best describes an Indictment?

Group of answer choicesAn informal criminal complaint

A written document issued by the grand jury to charge a defendant with a crime

When the defendant is brought before the court and informed of the charges

When the prosecutor presents the evidence

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What criminal defense is designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for criminal acts?

Group of answer choicesStatue of limitations

Entrapment

Plea bargaining

Miranda rule

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Which of the following best describes the crime of robbery?

Group of answer choicesBreaking and entering the dwelling of another at night with the intent to commit a felony.

The taking of money, personal property, or any other article of value from a person by means of force and fear.

The willful and malicious burning of a building owned by another.

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

Which of the following is a mark or term that has nothing to do with the product?

Group of answer choicesStrong Mark

Arbitrary Mark

Suggestive Mark

Generic Term

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What is the the duration of a patent?

Group of answer choicesUnlimited

70-Years

2 Months

20 Years

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Which of the following is not eligible for a copyright?

Group of answer choicesNews

A movie

Piece of music

Choreography

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Which of the following would not be considered a generic term if used to describe a personal computing device?

Group of answer choicesiPad

Computer

Screen

Laptop

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What did the TRIPS agreement establish?

Group of answer choicesThe first ever protection of software programs

Standards for the international protection of intellectual property rights

The idea that peer-to-peer networking was great for the U.S. economy

The remedies for illegal spreading of trade secrets