BLAW CH 3&6

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Glen re¬tains Holly, an attorney, on a contingent-fee basis to seek $100,000 in damages in a personal-injury suit against Interstate Shipping Corporation. Glen wins. He must pay

Holly's fee, court fees, and other expenses

Ridgeline Trucking wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include

a statement alleging the facts establishing Ridgeline's basis for relief.

All-USA Imports, Inc., disputes the use of "all-usa.com" as a domain name by All-USA Overseas Exports, Ltd., and files a suit to resolve the dispute. Service of process must be by

whatever means is reasonably calculated to do the job.

Indelible Fabrics, Inc. (IFI), makes "Jean's Denim," a famous brand of clothing. Without IFI's consent, Kopy Company (KC) begins to use "jeansdenim" as part of a domain name. IFI files a suit against KC and engages in service of process. Service of process must provide

notice and an opportunity to respond.

Loren files a suit against Mabel, alleging a failure to pay for the harvest of Mabel's orchards. Mabel denies Loren's charge and claims that Loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach. Mabel's claim is

a counterclaim.

Opal files a complaint in a suit against Phil, and he files an answer. The case may now be

dismissed or settled at this point.

Quin files a suit against Regal Products, Inc. Regal responds that even if Quin's statement of the facts is true, according to the law Regal is not liable. This is

a motion to dismiss.

Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is

a motion for summary judgment.

In Restful Motel's suit against Sleepy Hotels, Inc., Restful serves a written request for Sleepy to admit the truth of matters relating to the trial. Sleepy's admission in response is the equivalent of

an admission in court.

Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying

all documents in Flying's possession relating to the contract.

During a trial in Gene's suit against Homer over the use of Gene's lakeside cabin, Gene's attorney asks questions of the plaintiff's witness Illya. This is

a direct examination.

In Rendezvous Cafe's suit against Sanitary Waste Services, Inc., the court issues a judgment in Rendezvous's favor. The judgment can be appealed to an appropriate court of appeals by

Rendezvous or Sanitary.

Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include

a statement alleging the facts showing the court has jurisdiction.

Kyle files a suit against Lora. The document that informs Lora that she is required to respond is

the summons.

Jason files a suit against Maybelline. If Maybelline fails to respond, Jason

will be awarded the remedy sought.

Ruth files a suit against Solid Products, Inc. Solid responds that even if Ruth's statement of the facts is true, according to the law Solid is not li¬able. This is

a motion to dismiss.

Solar Power, Inc., files a suit against Thunder Bay Utility Company and seeks to examine certain documents in Thunder's possession. A legitimate reason for this examination is that the documents contain

evidence about the case.

To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC's attorney places LLDC's president under oath. A court reporter makes a record of the attorney's questions and the officer's answers. This is

a deposition.

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

the selection of jurors

In Market Company's suit against National Credit Corporation, Market wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that

establishes the degree of probability of a fact or action.
tends to disprove a fact in question.
tends to prove a fact in question.

During a trial between Laramie and Mikayla over a sale of allegedly dis¬eased livestock, Mikayla's attorney asks questions of the plaintiff's witness Nilson. This is

a cross-examination.

Irma files a civil suit against Jim. To succeed, Irma must prove her case

by a preponderance of the evidence

In Call-Me Cell Company's suit against Rude Ringtones, Inc., the jury returns a verdict in Call-Me's favor. Call-Me will most likely ask the court to

enter a judgment in accordance with the verdict.

In Brick 'n Mortar Corporation's suit against Online Mall, Inc. (OMI), the jury re¬turns a verdict in Brick 'n Mortar's favor. OMI files a motion asking the judge to set aside the verdict and begin new proceedings. This is a mo¬tion for

a new trial.

In Troll Line Fishing Company's suit against UniHarvest, Inc., the jury returns a verdict in Troll Line's favor. UniHarvest files a motion stating that even if the evi¬dence is viewed in the light most favorable to Troll Line, a reasonable jury should not have found in its favor. This is a mo¬tion for

judgment n.o.v.

In Phil's suit against Riley, the court issues a judgment in Riley's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear

none of the evidence.

Boris pushes Cordelia. She falls and breaks her arm. Boris is liable for the injury

if he intended to push Cordelia

At Parkside Bistro, Ogden believes that he was overcharged and shoves Nellie, the waiter. Nellie sues Ogden, alleging that the shove was a battery. Ogden is liable

if the shove was offensive.

Deleon trespasses on Capital Corporation's property. Through the use of rea¬sonable force, Capital's security guard Brenda detains Deleon until the police ar¬rive. Capital is most likely liable for

none of the choices

Jaqy distributes a handbill among her neighbors accusing one of them—Ked—of being a convicted sex offender. The statement is defamatory only if

the statement is false.

During a heated legislative debate, Representative Peony makes a statement of fact damaging Senator Rose's good reputation. Peony knows the statement is not true. In this situation, Peony is most likely

not liable for defamation because Peony enjoys a privilege.

Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be asso¬ci¬ated with Great Tans. In Holly's suit against Great Tans, the firm is most likely liable for

appropriation.

From a computer in a distant location, Sergio searches Tia's personal computer without her permission. Sergio is most likely liable for

invasion of privacy.

Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

not fraud.

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

fact.

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

fact.

Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for

wrongful interference with a business relationship.

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

none of the choices.

Joy invites Ken into her apartment. Ken commits trespass to land if he

refuses to leave when Joy asks him to go.

Jane enters onto Sam's property to help someone in danger. If Sam charges Jane with trespass to land, Jane has

a complete defense.

As a joke, Fran hides Gary's business law textbook so that he cannot find it during the week before the exam. Fran is liable for

trespass to personal property.

Quin, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quin is liable for conversion

under any circumstances.

Ian steals a business law textbook from Jules. Kris, who does not know that the book is stolen, buys it from Ian. Kris has committed

conversion.

In a newspaper ad, Select Used Motors falsely accuses Top Value Vehicles, a competitor, of selling stolen cars. Top Value's sales decrease. Select has most likely committed

slander of title.

An anonymous person posts online a defamatory message about Dewitt. Not knowing the poster's identity, Dewitt files a suit against "John Doe." Using the authority of the court, Dewitt can obtain from the poster's Internet service provider

the identity of the poster.

Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the remark is

Oakley.

From a location in Asia, Basil sends spam to U.S. e-mail addresses touting a variety of deceptive scams in an attempt to dupe unwitting recipients into revealing their bank account and credit card numbers. Under the U.S. Safe Web Act, the Federal Trade Commission can

share information with foreign agencies to investigate and prosecute.

Louis—larger and stronger than Mica—threatens to hit Mica and then hits and injures him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for

assault and battery.

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina

was detained for an unreasonably long time.

Drew tells his Excel Company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only if

the statement is false.

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if

a third party hears it.

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is

a public figure.

Teresa is a celebrity. Without her permission, Sinclair Enterprises includes in an ad an image that resembles her. Sinclair does not use Teresa's name or actual likeness. This is most likely

appropriation.

Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely

an invasion of privacy.

Lew angrily accuses Meg, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry. The reliance that gives rise to liability for fraud is normally based on a statement of

fact.

Obie accuses Portia, a broker with QT Financial Services, of fraudulently inducing him to invest in Riske Development Company, whose stock price declines in value. The reliance that gives rise to liability for fraud requires

misrepresentation of a fact knowing that it is false.

Field Trenchers Inc. initiates a lawsuit against its competitor Master Excavators Inc. out of malice and without probable cause. Master suffers a loss of profits due to the litigation, but Field loses the suit. Field is most likely liable for

malicious prosecution.

Oak Valley Mall contains two video game stores, Pirates Pick and Game Quest. Pirates's manager Ryan stands in the mall near Game Quest's entrance to divert customers to his store. Game Quest's manager Sara asks Ryan to leave. He refuses. Ryan has committed

wrongful interference with a business relationship.

Bargain Bytes Computers, a computer store, takes unethical steps to divert the customers of Cyber World, an adjacent competing store. Bargain Bytes may be liable for

wrongful interference with a business relationship

Superior Health Club's mar¬keting strate¬gies entice many of Tone-Up Exercise Club's members to change clubs. After less than a year in business, Superior surpasses Tone-Up in numbers of members. Superior is liable for

no tort.

Federico enters Gunther's property to read an electric meter. Gunther charges Federico with trespass to land. Federico has

a complete defense.

Levon leaves his truck at MakeRight Vehicle Shop for repair. When Levon refuses to pay for the work, MakeRight refuses to give him possession of the truck. MakeRight has committed

trespass to personal property.

Iona files a suit against Javier for conversion of property that Javier asserts he owns. Javier will not be liable if he can show that

Iona has no interest in the property.

Dian, a clerk at an Entertainment Unlimited store, takes a video game player from the store without permission. Dian is liable for

conversion.

B18. As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem most likely committed

trespass to personal property.

City Times, a newspaper, knowingly publishes an article falsely stating that the inventory of Walco, a discount store, consists of stolen goods. City Times is liable for

slander of title.

April posts a defamatory note about Brad in an online newsgroup maintained by Comp Online, Inc., an Internet service provider. Most likely to be held liable for the remark is

April only.

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