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” answer each question following the IRAC format”True and False answer with explanationthe paper must be at least 10 pages.there is a PDF file that has the questions. if there any question please ask.The first three questions must be in the IRAC format.
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QUESTION NO. 1:
FACTS:
Jerry Maguire is an at-will employee of Sports Management, Inc.
(“SMI”) and represents 100 of the 1500 clients the agency has. Mr.
Maguire authors a publishing that he believes is a “mission
statement” but is considered a “memorandum” suggesting that the
business needs to be “smaller, fewer clients, less money, more
personal attention.” Mr. Maguire is terminated seven days after
presenting the writings to the entire agency. In the seven days
before Mr. Maguire was terminated, Bob Sugar contacted all of Mr.
Maguire’s 100 clients to have the clients terminate Mr. Maguire as
their agent and/or representative and sign with SMI. On the date
that Mr. Maguire was terminated by SMI, he learned that Mr. Sugar
had been in contact with his clients and when he spoke to each
client, 98 of them informed Mr. Maguire that they would stay with
SMI, 1 (Frank Cushman) was unavailable by phone, and 1, Rod
Tidwell, stated he would keep Mr. Maguire as his agent. Mr.
Maguire flies to Texas to Matt Cushman’s house, i.e. Frank’s father,
to meet in person to keep Frank Cushman as a client. When Mr.
Maguire arrived, Matt informed Mr. Maguire that they were
keeping Mr. Maguire as Frank’s agent. Matt informed Mr. Maguire
that he “doesn’t do contracts, but what you have is my word, and its
more solid than oak.” Frank Cushman is the top draft prospect
destined to be the top pick by either San Diego or Denver. Matt
wants Frank to play in Denver. Mr. Maguire attends all the predraft events as Frank’s agent and has begun negotiating with both
San Diego and Denver. Mr. Maguire takes an hour break to give
attention to Mr. Tidwell, who also attended the pre-draft events for
publicity. During the hour break, Mr. Sugar meets with Matt
Cushman and informs him that Denver does not want to work with
Mr. Maguire. Frank Cushman signs a written contract with Mr.
Sugar and SMI. Mr. Maguire learns of the written contract between
Frank and Mr. Sugar and is no longer the agent of Frank Cushman,
who is drafted first overall the next day. You have been hired to
represent the legal interests of Mr. Maguire? What actions do you
take on Mr. Maguire’s behalf?
(Note: Breach of Contract,
Intentional Interference with Contract have been discussed in class).
QUESTION NO. 2:
FACTS:
You are the owner and operator of a new electronics store in
Baltimore City. Your grand opening will be Thanksgiving for a preBlack Friday sale. You are selling brand new 70 inch Samsung
televisions for $800.00 and the first 20 of those televisions for
$500.00. Your doors will open at 9pm on Thanksgiving. You have
5 employees working at the store as cashiers and your other 5
employees working that day in other capacities, 2 of whom will open
the doors at 9 pm. At approximately 8 pm, approximately 250
people are standing outside of your store’s entrance.
At
approximately 9 pm, the doors open and people storm your store.
During the storm of people into your store, 3 people are injured.
One person was injured when she fell and was trampled. The
second person was in a wheelchair and was injured when they fell
from their chair and was trampled. The third person was one of
your employees that opened the door and he was trampled when as
soon as he opened the doors, the people that stormed the store
trampled him. All three persons file a lawsuit claiming negligence
and/or gross negligence for the injuries they sustained. Who are
they suing and what will the results be?
QUESTION NO. 3:
FACTS:
You are the owner and operator of a restaurant that stays open 24
hours a day. On Friday night, a group of teenage patrons entered
your restaurant, dined and were disorderly in their conduct towards
other patrons. Your employee, Shelly, the manager, kindly asked the
group of teenage patrons to leave. One teenager, Ashanti, responded
with profanities to Shelly telling her that she was not leaving and
threatened to “kick her ass.” Shelly, responded, “I wish you would,”
at which time, Ashanti physically attacked Shelly by punching her
repeatedly. Ashanti defended herself and got Shelly off of her and
then proceeded to strike Ashanti repeatedly causing Ashanti to fall
back and hit her head awkwardly on the ground, causing Ashanti to
become paralyzed from the waist down. Ashanti files a lawsuit
against Shelly and your company. What are the legal theories of the
lawsuit and what will be the result?
QUESTION NO. 4 (10 points):
TRUE OR FALSE:
If you file a lawsuit against someone for breach of contract and are
successful at trial, you are always guaranteed to have your
attorney’s fees paid.
QUESTION NO. 5 (10 points):
TRUE OR FALSE:
In Maryland’s circuit court, during discovery, you can only make 30
requests for production of documents.
QUESTION NO. 6 (10 points):
TRUE OR FALSE:
In a corporation, the Board of Directors is required to follow the
Articles of Incorporation.
QUESTION NO. 7 (10 points):
TRUE OR FALSE:
The State of Maryland is part of the U.S. Court of Appeals’ Fourth
Circuit.
QUESTION NO. 8 (10 points):
TRUE OR FALSE:
The State of Maryland is part of the U.S. Court of Appeals’ Fourth
Circuit.
QUESTION NO. 9 (10 points):
TRUE OR FALSE:
Rescission is the voiding of an offer before acceptance.
QUESTION NO. 10 (10 points):
TRUE OR FALSE:
The purpose of discovery is to give the parties a chance to settle the
case before trial.

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