Part 1:
Question 1. As an assistant in the legal department of a major corporation, your supervisor has asked you to do some research on how various laws may be applied in an upcoming case. Your department needs to coordinate with outside counsel and wants to be up to speed on how the law works. Explain the sources of law in the American legal system. Is our civil law system more or less advantageous than the common law system? Why is it important to understand all sources of law and where to find them? Explain your answer with examples in a business context.
Question 2. Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state companies doing business in the state than it imposes on in-state companies. The reason behind the legislature's enactment of this law is to protect the local firms from out-of-state competition because they are losing local business, which is affecting the state's economy. Is this law legal, or is it a violation of equal protection for a state to impose? What legal standards could the court apply in evaluating the constitutionality of a law and which would apply in this instance? Explain.
Question 3. Create a brief scenario and walk it through the litigation process, beginning with how to select the proper jurisdiction of a court, and progressing through the basic steps leading to a resolution of the dispute through appeal.
Question 4. Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea's desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car?
Question 5. There are several distinctions in contract law between the UCC and common law as it relates to certain principles. As it relates to modification of a contract, how is the UCC's treatment of this subject different from that of common law? What are the important factors to be considered? Provide an example that demonstrates the difference.
Part 2:
Question 1. Explain your understanding of administrative law. How would you classify administrative law from a categorical standpoint as it fits in the context of other areas of law and what procedures are involved in the administrative process as it pertains to an agency's function and purpose?
Question 2. Smart Corporation began marketing phone in 2002 under the mark "Smart." In 2008, Smart.com, Inc., a different company selling different products, such as school supplies and the like, begins using "smart" as part of its website URL and registers "sMART" as its domain name. Can Smart Corporation stop this use of "sMART"? If so, what must the company show? Use the scenario given to explain your answer in this context.
Question 3. Your Company, Inc. wants to do business with My Company, LLC. Because our companies are both savvy, they would like to conduct their business online. What determines the effect (or lack thereof) of the electronic documents evidencing the parties' deal according to the Uniform Electronic Transactions Act (UETA)? Is a "signature" from one of the company's a necessary part of the deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support your position.
Question 4. Agency law plays a big part in corporate responsibility (and liability). Differentiate between an employee and an independent contractor. What is the difference and what are the key factors that must be considered in determining one's status as an employee or independent contractor? Once status is determined, what affect will it have on the responsibilities of the agent? The principal? Is one status better than another? Why? Explain your answers using a representative example involving a principal, an agent, and a situation that would call the agent's status into question.
Question 5. Tim and Tom are twins. They live and work near the beach and are also partners in TnT, Inc., a bicycle messenger service. When deliveries are few, especially in the summer, Tom without telling Tim, rents the extra bicycles to tourists who want to explore the resort area. Because the bicycles aren't being used for deliveries, is it acceptable for Tom to keep the proceeds he receives from renting leasing the unused bicycles? Explain your answer based on the facts in the scenario in the context of partnership law.