answer the following BUAD business law Questions

answer the following BUAD Questions
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BUSINESS LAW â?? BUAD 381
FINAL EXAMINATION â?? OPEN BOOK
Using the book and class discussions, the objective for the student taking
this exam is to use what was learned during class and from the reading
assignments, to answer each question following the IRAC format.
Additionally, the student taking this exam is expected to answer each
question it its entirety, i.e. provide an answer that demonstrates that the
student knows how to fully complete the legal process from beginning to
end. The applicable rule(s) for each question/scenario is in the book
and/or was discussed in class. Each written question is worth 50 points
(5 points for IRAC, 10 points for Rule Identification, 20 points for
analysis, 5 points for conclusion, and 10 points for fully demonstrating
the complete legal process in the answer).
FACTS:
On January 1, 2015, Jackson Delivery Services entered into a threeyear contractual agreement with Purple Rain Digital Company.
Pursuant to the agreement, Jackson Delivery Services is required to
deliver to all Best Buy stores on Tuesdays and Fridays of each week.
Purple Rain Digital Company pays $1,000,000.00 per month to
Jackson Delivery Services pursuant to the contract. Best Buy has a
10-year contract with Purple Rain Digital Company wherein
pursuant to said contract, Best Buy pays Purple Rain Digital
Company $15 million dollars a year for their products that are sold
in exclusively in their stores. On October 1, 2015, a 30-day truck
driver strike caused all delivery truck deliveries to cease for Jackson
Delivery Services, so no deliveries were made. During the strike,
Houston Delivery Services, aware of the strike, hired non-union
drivers and contacted Purple Rain Digital Company to perform all
deliveries during the strike only. On November 1, 2015, a day after
the strike ceased, a severe snow storm caused a 30-day delay on all
deliveries, meaning there were no deliveries in the month of
November. On December 1, 2015, the roof at the Best Buy location
at Arundel Mills Shopping Center collapsed and the store was closed
until January 1, 2016. Therefore, between October 1, 2015 and
December 31, 2015, no Purple Rain Digital Company products were
sold.
QUESTION NO. 1: You have been hired to represent Purple Rain
Digital Company.
QUESTION NO. 2: You have been hired to represent Jackson
Delivery Services.
QUESTION NO. 3: You have been hired to represent Best Buy.
QUESTION NO. 4: You have been hired to represent Houston
Delivery Services.
QUESTION NO. 5: You have been hired to represent Arundel Mills
Shopping Center.
QUESTION NO. 6:
FACTS:
You are the owner and operator of a new electronics store in
Baltimore City. Your grand opening will be Thanksgiving for a pre-
Black 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 storeâ??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. 7:
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 â??kick her ass.â? Shelly, responded, â??I wish you would,â?
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. 8 (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 attorneyâ??s
fees paid.
QUESTION NO. 9 (10 points):
TRUE OR FALSE:
In Marylandâ??s circuit court, during discovery, you can only make 30
requests for production of documents.
QUESTION NO. 10 (10 points):
TRUE OR FALSE:
In a corporation, the Board of Directors is required to follow the
Articles of Incorporation.
QUESTION NO. 11 (10 points):
TRUE OR FALSE:
The State of Maryland is part of the U.S. Court of Appealsâ?? Fourth
Circuit.
QUESTION NO. 12 (10 points):
TRUE OR FALSE:
The State of Maryland is part of the U.S. Court of Appealsâ?? Fourth
Circuit.
QUESTION NO. 13 (10 points):
TRUE OR FALSE:
Rescission is the voiding of an offer before acceptance.
QUESTION NO. 14 (10 points):
TRUE OR FALSE:
The purpose of discovery is to give the parties a chance to settle the
case before trial.
QUESTION NO. 15:
FACTS:
Carl Lucas is an at-will employee at POPâ??s Barbershop, LLC. Pops
is the sole owner of the barbershop and employs Kay, J.B. and Wally.
Cordell Stokes is the owner of Uptown Distributors, LLC. During
their workday at POPâ??s, Kay, J.B. and Wally take the company van
to pick up distribution items (50 boxes) for POPâ??s from Uptown
Distributors, LLC. While picking up boxes for POPâ??s they also
intentionally take 50 boxes of merchandise that belonged to Manny
Martinez and accidentally took 50 boxes of merchandise from
another customer, Misty. You have been hired to represent the legal
interests of Cordell Stokes? What actions do you take on Mr. Stokes
behalf and against whom? What if you were hired to represent
POPâ??s? What actions would you take on his behalf and against
whom? What if you were hired to represent Misty? What actions
would you take on her behalf and against whom?
EXTRA CREDIT QUESTIONâ?¦.the below question is for extra
credit only. Not required.
QUESTION NO. 1:
On Monday, February 1, after a seven-day snow storm compiling
up to 18 inches of snow, Tyson took his daughter, Tiana, age 7, to
her elementary school in Baltimore City. Because of the number
of days that it snowed, the only areas that were plowed were the
roads, parking lots and some, but not all sidewalks. As did most
parents that drove their children to school, Tyson parked in the
school parking lot and walked Tiana to the school building using
the sidewalk. While walking Tiana on the sidewalk, she ran away
from him to play in the snow pile near the doorâ??s entrance where
other students were playing and building snowmen. Tyson
chased after Tiana and slipped and fell on black ice on the
sidewalk, fracturing his hip.
USE IRAC for this scenario.
QUESTION NO. 2:
On Saturday, August 20th, John and Jeff purchased a food truck
delivery truck for their recently started business from an auto
auction in Pennsylvania. The name of their business was ABâ??s
Food Delivery, Inc., which operates in Baltimore, Maryland. The
truck was an older model white truck with no markings on the
side; and because they just purchased the vehicle, they only had
temporary tags. While driving from Pennsylvania to Maryland,
it started to rain heavily and they were forced to the side of a
road near Hunt Valley, Maryland because the windshield wipers
on the van were inoperable. Thus, John and Jeff sat in the van
waiting for the rain to cease. About 30 minutes prior to John and
Jeff pulling over, an older white van that was reported stolen was
used in an armed robbery of a bank in Baltimore, Maryland.
There were 4 masked men involved in the robbery and during the
escape from the bank, the armed security guard was shot in the
head by the robbers. The white van was reported as last being
seen headed north towards Pennsylvania. A dispatch was sent
to all law enforcement officers. Officer Johnson received the
dispatch and he, as were all other officers, were on the lookout
for a white van with 4 masked men. While driving in the heavy
rain, Officer Johnson observed the white van that John and Jeff
were in pulled over on the side of the road. Officer Johnson
initially drove by the vehicle and attempted to look into the
vehicle and saw two people not wearing masks sitting in the front
two seats. Officer Johnson could see nothing else. Officer
Johnson circled back and pulled up about 50 feet behind the van.
John and Jeff did not see Officer Johnson pull up behind them.
In fact, both John and Jeff had fallen asleep in the van. Officer
Johnson called for back-up officers by stating â??possible suspect
van� located; and then approached the van. When Officer
Johnson walked up to the passengerâ??s side of the window, he
tapped on the passengerâ??s side window with his gun drawn,
which startled John, who was seated in the passenger seat.
Officer Johnson instructed John to step out of the vehicle with
his hands up, which John did. Officer Johnson then instructed
conducted a pat-down of John for weapons and found nothing
but about $5000,00 in cash rolled up in Johnâ??s back pocket in a
rubber band. Officer Johnson then instructed Jeff to step across
the passengerâ??s side of the vehicle to exit on the passengerâ??s side
of the van. As Officer Johnson was instructing Jeff to exit,
Officer Arrington pulled up and observed Officer Johnson
instructing Jeff to exit. Officer Arrington pulled his weapon out
and approached the location where Jeff was exiting the van. As
Jeff was exiting the van, he tripped over a tool in the passenger
side and fell forward towards Officer Johnson. Officer Arrington
immediately shot Jeff five times in the chest. Jeff died instantly.
USE IRAC for this scenario.

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