1. (TCO A & F) George G. Harris retired in
1978 after spending 30 years in the U.S. Army, having served in both
Korea and Vietnam. In 1980, Mr. Harris wrote a lengthy book describing
his military service in great detail. When his sons, David and Greg, and
family friends read the book, they told Mr. Harris it was super
interesting and needed to be published and put on the market. Mr. Harris
did not refer the book to a formal publishing company, but did have a
local private printing company produce 500 copies of the book. The books
sold immediately, and over the next 20 years Mr. Harris had an
additional 8,000 copies of the book printed and sold. Mr. Harris died in
2002, and almost immediately the ABC Publishing Company grabbed a copy
of the book and began mass production and marketing. The sons David and
Greg Harris filed a law suit against ABC Publishing for Copyright
Violation. ABC Publishingâs defense was that the Copyright had never
been registered, and the original author was now dead. What actions must
David and Greg take to advance their claim? What dollar damages can
they claim? Will ABC Publishingâs contention that the Copyright is
unfounded since the author is dead prevail in court? What legal issues,
federal statutes, and other items will decide this case? (Points : 30)
Question 2. 2. (TCO B,C, G, I) Matt Bloom is President for JWI, Inc. He
has been President at JWI for 20 years and has accumulated a large
amount of stock options during his tenure at the company. He is
experiencing a difficult time financially as a result of some bad
personal real estate investments and has been considering selling off
his stock to pay off his personal debt. He decides to sell the stock the
day before JWI, Inc. announces a large quarterly profit loss resulting
from a class action lawsuit relating to a defective dryer they
manufacture and sell in Mexico. Mr. Bloom is arrested for insider
trading. He hires you as his attorney to help him out of this mess. What
legal issues concern you here? Discuss the main issues you plan to go
over with Mr. Bloom in your consultation with him. (Points : 30)
3. (TCO C) JetWave, Inc. (JWI) is a large manufacturer of appliances
for use by average consumers in single-family homes and apartments.
JWIâs bestseller is a digital, top loading dryer. The digital readout on
the dryer alerts the consumer when the lint filter is full and/or if
the vent line is clogged. Consumers have found that the dryer sends off
false alerts about the lint filter. As a result, the dryer will shut
down from these false alerts. The problem can be remedied in one of two
ways: JWI sends out a repair person (during the warranty period only)
and replaces the defective digital panel or the consumer can install a
shorter aluminum vent line on their own. JWI only provides a 60 day
warranty on their products. For consumers to pay for the panel to be
replaced it would cost $300. On the JWI website under âTroubleshootingâ,
they do not recommend a particular length of aluminum vent line to
replace the existing line, but do suggest âmore than 6 feet.â As this is
a quick and cheap fix, many consumers are opting to replace the
aluminum vent line on their own. However, several consumers have
reported that if the vent line is over 9 feet, sparks occur from the
dryer lint. JWI does not report this on their website, nor do they
modify their âTroubleshootingâ Guide. Eric VonEckert is having the issue
with the digital panel on his JWI dryer at home. He goes to his local
home improvement store and buys a 10-foot aluminum vent line and vents
the dryer through the front of his house. The error is remedied and his
dryer is running fine. However, one night he puts a load of laundry in
the dryer and heads off to bed. During the dryer cycle, sparks are
generated and unbeknownst to Mr. VonEckert, his aluminum vent line
passes next to the hot water heater. The sparks fly out of the end of
the vent line and are sucked into the bottom of the water heater by the
pilot light, catching fire to his home. Mr. VonEckert dies in the house
fire. His wife and three children are seeking to file a lawsuit against
JWI for damages on the grounds that the product was defective. In
addition, they claim JWI did not protect the consumers by continuing to
sell the defective dryer and not alerting the consumer to the issue with
the longer vent line should the consumer choose to make the repair on
their own.
You are the in-house attorney for JWI, Inc. and the Board of Directors
at JWI have requested you develop a business strategy that includes
ethical considerations to minimize liability for claims of product
liability and breach of warranty relating to the dryer at issue.
(Points : 30)
4. (TCO A,D & E) The National Collegiate Athletic Association
(NCAA) regulates intercollegiate amateur athletics among the more than
1,200 colleges and universities with which it contracts. Among other
things, the NCAA maintains rules of eligibility for student
participation in intercollegiate athletic events. Jenifer Jones, a
high-school volleyball star, was recruited to play volleyball at the
Olde University (OU). Before enrolling, she competed in Olympic and
professional World Cup events, becoming a World Cup. During the
Olympics, Jones appeared on TV and was offered other paid entertainment
opportunities, including a chance to host a new Television show. Jones
was also paid to endorse certain equipment and contracted to model
clothing for a major designer of sportswear. On Jonesâs behalf, OU asked
the NCAA to waive its rules restricting student-athlete endorsement and
media activities. The NCAA refused, and Jones quit the activities to
play volleyball for OU. Jones is a white female. She filed a suit in a
state court against the NCAA, however, asserting breach of contract on
the ground that NCAA rules permitted these activities if they were
needed to support a professional athletic career and that the rules had
been routinely waived for male minority football players. What causes of
action might Jones bring? What defenses could the NCAA assert? What
types of relief might either party seek? (Points : 30)
5. (TCO E) For the first 180 years of our countyâs existence, there was
no protection in the work place, schools, retail outlets, or virtually
anywhere for individuals based on their race, gender, religion, age,
etc. Discrimination was common in the work place, schools, restaurants,
etc., until the 1960s. Four pieces of Federal Legislation in 1963, 1964,
1967, and 1990 have succeeded in establishing strict legal standards to
prevent discrimination in our society. Identify and summarize these
four pieces of Federal Legislation, and the protection they provide to
prevent discrimination in our society. List the Five Protected Classes
under our current laws. (Points : 30)