Business Law
Final Exam

1. John owned a cat which wandered into his yard. John was charged with
violating a local ordinance which read: "It shall be illegal to permits cows,
horses, goats, or other animals to wander about in a yard that is not property
fenced." The ordinance had been passed over fifty years ago when wandering
animals destroyed neighbor\'s crops. Is John guilty of violating this
ordinance? Using two techniques of statutory interpretation, discuss.

2.Suppose that Perry sues Davis on the theory that Davis is so ugly Perry
suffers intense emotional distress in his presence. Davis thinks correctly
that there is no rule of law allowing Perry to recover. What procedural device
should Davis use in this circumstance? Describe.

3.The local city council adopted an ordinance restricting the local skating
rink to persons under 16 years of age. Plaintiffs challenged the ordinance
under the equal protection clause of the 14th amendment. Under the holding in
the Stanglin case in your text, what results and why?

4.Suppose that someone argues that, contrary to popular belief, corporate
decision-making is almost completely irrational. If by chance this assertion
were true, it would undermine two major arguments made by defenders of the
corporation. What are these arguments and how would the assertion undermine
them? (One of your answers would probably trouble "corporate reformers" as
well.)

5.Acting pursuant to a warrant obtained upon a sufficient showing of probable
cause, Officer Beau Bogus arrested Earl Sleazeman for the crime of murder.
Officer Bogus neglected to give Sleazeman the Miranda warnings at the time of
the arrest or at any time thereafter. During "booking" at the police station,
Officer Bogus required an unwilling Sleazeman to submit to fingerprinting.
(Information obtained through the fingerprinting process ultimately proved
useful, because the police discovered Sleazeman\'s fingerprints on the door
know
to the front door of the house where the dead body of the murder victim had
been found). After booking was completed, Officer Bogus and Detective Harriet
Dirty interrogated Sleazeman -- still without the Miranda warnings ever having
been given -- at the police station. During the course of the interrogation,
Sleazeman confessed to the murder for which he had been arrested. Sleazeman
later retained attorney Nola Contendere to represent him in the murder case.
She has filed, on Sleazeman\'s behalf, a motion to suppress (i.e., motion
requesting a court order excluding certain evidence) in which she argues that
the fingerprinting of Sleazeman and the interrogation of him violated his
Fifth
Amendment rights and his Miranda rights. Sleazeman\'s attorney argues,
therefore, that the exclusionary rule should be applied, as to prevent the
state from using the following evidence against Sleazeman: (a) any evidence
derived from the fingerprinting that took place during booking; and (b)
Sleazeman\'s confession. Is Sleazeman\'s attorney correct in her arguments that
Sleazeman\'s Fifth Amendment rights and Miranda rights were violated? Why or
why
not? As to the evidence listed above as (a) and (b), mentioned in Sleazeman\'s
attorney\'s motion to suppress, state whether the exclusionary rule would
prevent the prosecution from using that evidence against Sleazeman? Explain
your reasoning.

6.Jed\'s roommates played a trick on him by abducting him from his room and
tying him up in his underwear on his girlfriend\'s porch. Jed, who was
intoxicated, slept through the whole incident and didn\'t wake up until the
next
morning, after his girlfriend had untied him and dressed him. Under what legal
theories, if any, is Jed entitled to recover damages from his "friends" under
these facts?

7. What are four factors courts consider in determining whether an activity
is
"abnormally dangerous" for purpose of strict liability?

8.In 1955, Merton, an English professor, wrote a book of poetry which he
copyrighted. 340 copies were sold nationwide. In 1975, the Pink Punk, a rock
band, recorded a song with lyrics exactly like the words of one of Merton\'s
poems. The poem occupied one page in a 112 page book. If Merton sues Pink Punk
for copyright infringements, and Pink Punk employs a fair use defense, which
two factors are most likely to help the group?

9. It has been said that one of the major factors which influenced the
evolution of modern contract law was the fact that, in the later decades of
the
nineteenth century, an increasingly large number of transactions no longer
resembled the stereotypical transaction envisioned by classical contract law.
Explain this statement, contrasting classical contract law\'s assumptions with
latter day reality.

10.Over a period of several months, ABC Manufacturing Company and XYZ
Plumbing
Supply have been negotiating over the sale of copper tubing. They have reached
an agreement in every aspect expect the price of the