1. Emily sues Keith for breach of contract. Both parties have completed discovery. Emily now wants her attorney to file a motion to have the judge rule in her favor without having to proceed further. What type of motion is proper and why?
2. Oswaldo Enterprises, a U.S. company, began to do business in a small East African nation. The representatives of Oswaldo bid on government contracts. Although Oswaldo was by far the lowest bidder and offered a superior product, the company was not awarded a contract. Oswaldo officials learned after inquiring that the company would have to give substantial sums of money to high-level government officials in order to receive a contract. Oswaldo officials are considering this as a necessary cost of doing business. Would this open Oswaldo to potential liability under U.S. law?
3. A dispute arose in a small factory and the workers decided to strike concerning the firing of an employee for union-organizing activity. As the strike wore on without resolution, the employer hired what the employer called permanent replacements for the strikers. Eventually, the strike was settled. Are the workers entitled to getting their jobs back?
5. Harry, a health inspector for the state of Virginia, inspected a restaurant owned by Ruth. Harry found numerous health violations in the restaurant and fined Ruth accordingly. When Harry notified Ruth of the infractions, Harry strongly suggested that $5,000 “would
6. Joe Swartz was an employee of Acme Company, although he had not signed any written agreements with Acme. He worked for months during company time and used Acme’s equipment to develop an idea that he had been nurturing. Finally, the idea came to fruition. Swartz’s employer laid claim to the invention on the grounds that the firm’s equipment had been utilized on company time. Swartz had obtained a patent on the invention and claimed that his employer had no rights to the invention at all. Who is right? How could an employer guard against such arguments in the future?
7. Billy has a dispute with Sleepdigit Bedspring Company (SBC) over a number of beds Billy recently purchased from SBC for use in his hotel. Billy paid a very high price for the beds based on SBC’s representations that the beds were manufactured using a list of high-quality, non-flammable materials. Billy is able to tell (by looking at the beds and lying on them) that SBC deceived him. However, Billy has no real proof regarding the materials used to manufacture the beds. Billy also wants other potential SBC customers to become aware of SBC’s unscrupulous practices. Billy needs to decide whether to pursue litigation or employ an alternative means of dispute resolution. What would be the advantages and disadvantages to Billy associated with alternative dispute resolution vs. litigation? If you were Billy’s attorney, which choice would you advise Billy to pursue?
8. Thomas works for an internationally-renowned computer company. As a condition of his employment, Thomas signed a confidentiality agreement, in which he agreed not to disclose any trade secrets of the firm. The company has been researching a new computer
9. A company advertised a pain relief ointment called “Aspersalve.” The package stated “relieves pain on contact” and “the strong relief of aspirin right where you hurt.” The product did not contain any aspirin. Also, during clinical trials, only two subjects reported that the ointment actually relieved their pain immediately “on contact.” Most other subjects reported that the ointment began relieving their pain 20-30 minutes after it was applied. Is the Aspersalve company guilty of deceptive advertising? Apply the IRAC method of legal reasoning to reach a conclusion.
10. Marble Industries hired virtually all of its employees from Union High School, which was overwhelmingly white in its racial makeup. Accordingly, there were virtually no nonwhite employees employed by Marble Industries. The work these employees performed was work that any reasonably capable high school graduate could do. When organizations representing nonwhites questioned the policy, the personnel director indicated that Union High School graduates were hired because Marble Industries had only had good experiences with Union High grads as employees in the past and because the president of the company had graduated from that school. There was no evidence that there was any plan or intention to discriminate against nonwhites. Apply the IRAC method of legal reasoning to decide whether Marble Industries’ hiring practices violate Title VII of the Civil Rights Act.
11. NitViz Inc., based in Texas, has developed new infrared night vision goggles for game hunters.
Note: each answer needs to be in 5 lines. Answers need to be submitted in word document