University of Texas at San An

List of topics

  • Universal ethical or moral standard vs. different international ethical standards. 
  • The importance of stare decisis vs. the need for a change in the law.
  • What should a lawyer do when he or she knows that his or her client is guilty of a crime?  
  • Is it better to have judges who are elected as they are at the state level or appointed as they are at the federal level? 
  • The pros and cons of alternative dispute resolution as compared to litigation. 
  • The cost of litigation. Assume a defendant is confident in his or her ability to win at trial, why would it make sense to settle the case prior to trial. 
  • Advocating for your client in the discovery process vs running up the opposition’s litigation costs with unnecessary discovery.
  • Separation of powers and the necessary balance between the executive, legislative, and judicial branches. 
  • Congress’ power to regulate interstate commerce through the Commerce Clause vs. the states’ power to regulate interstate commerce through their “police powers.” 
  • The importance of free speech as protected by the First Amendment and some important limits on this freedom. 
  • Eminent domain vs. an individual’s right to control his or her own property. 
  • Freedom of Information Act vs. Federal Privacy Act
  • The power of an administrative agency to carry out its purpose under its enabling act vs. ultra vires. 
  • Pros and cons of tariffs. Tariffs’ effect on trade and economic impact tariffs have on the country’s economy that enforces the tariff.
  • What were the benefits to the United Kingdom when they were in the EU? What were the drawbacks to the United Kingdom when they were in the EU? How has all of this changed since Brexit?
  • Climate agreements and treaties vs. a country’s desire to flourish economically. 
  • The constitutionality of the Patriot Act vs. the regulation of money laundering. 
  • The protections afforded by the Fourth Amendment against unreasonable searches and seizures v. law enforcement’s desire to reduce crime.

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University of Texas at San An

Question 1 Eddie Embezzler has worked for Betty Boss for many years as an accountant. During his employment, Eddie has taken thousands of dollars from Betty’s business. As a result, Betty has suffered. Did Eddie violate a criminal law, a civil law, or both? Explain.

Question 2 – Two (2) high ranking managers of Anrun Corp. know that the company’s revenue is rapidly declining. However, at a recent shareholder meeting, they tell the shareholders to expect record profits in the next quarter. Explain the three Blanchard and Peale questions that these two managers should have asked themselves before the shareholders’ meeting.

Question 3 – The appellate court decides that the trial court committed reversible error by including evidence found by law enforcement. Law enforcement discovered this evidence when committing a Fourth Amendment violation, which should have been excluded at trial. This inadmissible evidence was the lynchpin of the prosecutor’s case, which resulted in a conviction. Where does the case go from here? Is the Defendant free to go? Does it go back to the trial court? Does it go all the way up to the Supreme Court?

Questions 4 – During the course of a divorce proceeding, the judge orders the husband and wife attempt to settle their custody dispute through the mediation process. During the course of the mediation, the husband tells the mediator that he has secretly been selling marijuana to their children’s friends. Ultimately, the mediation breaks down and the parties cannot come to a settlement. During the divorce trial, can the wife introduce the mediator’s testimony as evidence?

Question 5 – Kansas passes a statutes which says all corn must be grown and processed in a certain manner so as to avoid harmful pesticides. This statute is challenged as being unconstitutional. What are the two factors for the court to consider when deciding whether the statute is constitutional?

Question 6 – If a business does not agree with the decision of a hearing officer, may that business appeal the decision directly to the judicial court system? What steps must the business take to get the case within the judicial system?

Question 7 – Megatron, Inc. is a company with its principal offices in the United States. For years, Megatron has only operated domestically; however, Megatron’s board of directors now feels it is in the company’s best interests to explore how to do business internationally. Give at least three examples of actions Megatron can take with regards to foreign government officials, which would benefits Meagtron’s international growth without running afoul of the Foreign Corrupt Practices Act (FCPA)?

Question 8- At the end of a long day, Sabrina, a cashier for a supermarket is counting the paper money. One of the bills falls from the cash register into the bottom of Sabrina’s purse. What elements of embezzlement are present in this situation? Should Sabrina be convicted of embezzlement? Why or why not?

Question 9 – Bobby Bigmouth is sued for slander by his boss. Bobby argues that he cannot be sued for slander because he did not publish any statement. He argues that his alleged slanderous comment was not published because he just made the comment to a co-worker about his boss rather than making that statement to a reporter to be published. Is Bobby’s argument correct?

Question 10 – During an episode of Sports Center, one of the anchors misread the teleprompter and said LeBron James was closing his school for at risk youth. In reality, LeBron James was expanding his school. This statement by the anchor was a slip of the tongue and corrected in the next episode. Would LeBron’s defamation suit against Sports Center and the anchor be successful? Why or why not?

Question 11- Explain some of the hurdles litigants have encountered when it comes to the Endangered Species Act and standing to bring a lawsuit.

Question 12 – An illegal drug manufacturer and an illegal drug dealer enter into an oral contract in which the manufacturer will sell the drugs to the drug dealer for a set price. The manufacturer changes his mind and sells his product to another dealer. Could the dealer enforce the oral contract? Why or why not?

Question 13 – A contract is made between two parties. The terms of the contract are complete and unambiguous. A dispute arises between the Parties. Party A wants to pull out of the contract without penalty. Party B argues that Party A’s proposed action is prohibited by the express terms of the contract. Party A argues that the Parties verbally agreed to ignore that provision of the contract that would impose a penalty on Party A. Which Party will prevail and why?

Question 14 – Claire is severely injured in a car accident. The local hospital cannot treat Claire’s injuries. In order to survive, Claire must be flown via Helicopter to a hospital in a bordering state. Prior to boarding the helicopter, Claire signs a contract obligating her to pay for the helicopter flight and all of its expenses. Claire lives and fully recovers. However, she is being sued by the helicopter company in the amount of $50,000 for the helicopter transportation and its accompanying expenses. What is argument Claire could make in order to rescind the agreement? Does it matter that the helicopter company performed its obligation under the contract?

Question 15 – Bono is a musician. He sells his neighbor a gently used lawn mower at a deeply discounted price. The neighbor is dissatisfied with the performance of the lawn mower. Can the neighbor sue Bono under the UCC §2-314, the implied warranty of merchantability? Why or why not?

Question 16 – If cigarette companies want to work with one another for a common interest, what is one example that would allow the cigarette companies to do so without violating the Sherman Act? What source of law protects the cigarette companies’ actions?

Question 17 – The year is 2012 and the light bulb has not yet been invented. Thomas Edison and Nikola Tesla are in a bitter feud to see who can bring electricity to the masses first. In this alternative history, it is indisputable that Tesla invented the lightbulb first. However, Edison filed his lightbulb patent prior to Tesla. According to the law in 2012, who holds the patent to the lightbulb?

Question 18 – Brandon installs sheds and storage buildings for Shedmax, LLC. Brandon must be at work each day by 8:00 a.m. and is off at 5:00 p.m. and is paid at a rate of $12/hour. Brandon uses tools provided by Shedmax to do his work. However, when Brandon is completing the installation process, he is often working alone. Is Brandon an employee of Shedmax or an independent contractor? Give a reasoning for your answer.

Question 19 – Paul is the sole incorporator of Hemp Co., a company that processes hemp into clothing. Prior to incorporation, Paul enters into a contract on Hemp Co.’s behalf with a local farmer for the purchase of the crop. After formation of the corporation, the board does not ratify the contract because Paul bought the crop at 3 times the market price. Who is liable to the farmer?

Question 20 – Tina Technology is looking to raise $85,000 worth of capital, and she is looking to raise that money through the internet and still fall under an SEC exemption. How should Tina go about raising that money? Due to the amount of capital, she is looking to raise, will Tina be subject to any other special requirements

use the attahced textbook to answer the above quesitons.

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