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1. Farmer grows grain on his farm in Nebraska for feed for the chickens that he raises on that same farm. He later sells the chickens to meat packing companies within the state of Nebraska. The production of grain on the farm: A. Affects interstate commerce and, therefore, can be subject to federal regulation. B. Only indirectly affects interstate commerce and, therefore, can be subject to state, but not federal, regulation. C. Only indirectly affects interstate commerce, and thus is not subject to federal regulation under the commerce clause. D. Directly affects intrastate commerce, but more indirectly affects interstate commerce and, therefore, can be subject to federal regulation under the commerce clause.
Ellen contracts with James to be her stockbroker, making stock trades for Ellen'saccount. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules ofthe New York Stock Exchange. Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Describe the arbitration process. What are the parties options should they not like the outcome?
Advertisements for Listerine mouthwash claimed that it was as effective as flossing in preventing tooth plaque and gum disease. This statement was true, but only if the flossing was done incorrectly. In fact, many consumers do floss incorrectly. However, if flossing is done right, it is more effective against plaque and gum disease than Listerine. Is this advertisement deceptive?
Consider a scenario under which an employer makes the employee's life miserable and the employee quits. What is this called? Is it legal? Does the employer's burden of proof change between constructive and wrongful discharge?
On September 1st, Wild Bill's Rodeo Club orally gives an order to Western Shirts, Inc. for T-shirts worth $600. The T-shirts have the date and location of Wild Bill's annual Rodeo party on September 15th printed on them. In late August, Wild Bill's calls Western Shirts to cancel the order. Western Shirts has already processed the order and the T-shirts are ready to be shipped. Discuss in detail whether or not this oral order is enforceable once the T-shirts have been made. Please help!
Winnie-the-Pooh Co. offered to sell Christopher Robin Inc. 10,000 pounds of honey at $1.50 per pound, subject to certain specified terms for delivery. Christopher Robin Inc. replied in writing as follows: "We accept your offer for 10,000 pounds of honey at $1.50 per pound, weighing scale to have valid city certificate." Under the UCC: A contract was formed only if Winnie-the-Pooh Co. agrees to the weighing scale requirement. No contract was formed because Christopher Robin Inc. included the weighing scale requirement in its reply. A contract was formed between the parties. No contract was formed because Christopher Robin Inc.'s reply was a counteroffer.
physical therapist receives a phone call from a woman demanding to know when her daughter-in-law's next appointment is. The therapist tells the woman that she cannot disclose any information, and the woman becomes very angry and abusive, threatening to make a complaint. After the phone call, the therapist logs into the electronic medical record system to make a note about the conversation. However, since the two women share the same last name, the therapist accidentally accesses the woman's record instead of the daughter-in-law's record. The therapist realizes the mistake, but not before spotting that the woman suffers from a serious mental health disorder, which might explain her behavior on the phone. The therapist mentions to her supervisor the possibility of a complaint being brought and also mentions that the woman has a history of mental health problems. Do you feel that there has been a breach of confidentiality? Why or why not? How should the supervisor handle this situation? Should the patient be notified?
Define "common space" and "phantom space" please help!!
The Goonies is a story about children finding a lost treasure they wish to claim as theirs and use to stop the condemnation of their parents' properties by developers. Who do you think owns the treasure? What is a treasure trove? Please also find an article dealing with lost treasures. What was the outcome and do you agree or disagree with that outcome. Explain.
"IRAC" method for Griswold v. Connecticut, 381 U.S. 479 (1965)
Plaintiff Miss Universe, Inc. owns the trademark "Miss U.S.A." For decades, the company has produced the Miss U.S.A. beauty pageant, seen by many millions of people in the United States. William Hedgepeth and Funhouse Ranch began to hold a nude beauty pageant in California. They called this the "Miss Nude U.S.A." pageant. Most of the contestants were from California; the majority of states were not represented in the contest. Miss Universe sued Hedgepeth and Funhouse, claiming that the public would be confused and misled by the similar names. The company sought an equitable remedy in this lawsuit. What does "equitable" mean? What equitable remedy did Miss Universe seek? Should it win? Why or why not?
the new York Times v. Sullivan case dealt with the defamation of a public figure
Downing Ltd specializes in IT installations for retailers. Sam, a director of Downing Ltd, was approached in a private capacity as a well-known expert in the field and invited to join the board of Twilight Ltd, whose business mirrors to a certain extent of Downing Ltd's business. Sam accepted the invitation to be their director while remaining on the board of Downing Ltd. Having developed a rival system to Downing Ltd, Twilight Ltd organized a public launch of the new product. For the launch, Sam contacted a number of Downing Ltd's clients. The launch led to the signing up of a number of major clients, including some clients of Downing Ltd. Questions: (1) Advise the board of Downing Ltd whether Sam has breached any legal duty to the company. (2) Would your answer be different if Sam resigned from Downing Ltd before he joined the board of Twilight Ltd? State your reasons.
Question 4 Brown, located in Knoxville, contracted to buy 60 cases of lovely brand can corn from Clark and Toledo at a contract price of 1250
Jared, age 18, agrees not to smoke when his uncle Brandon, age 40, promises to pay him $1,000 for not smoking until age 22. Will a court compel uncle Brandon to pay Jared $1,000 if Jared does not smoke? No, because Jared has better health for having not smoked. No, because uncle Brandon did not benefit from Jared's action. Yes, because Jared and uncle Brandon are adults. Yes, because Jared gave up a legal right.