(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).
bl_final_exam___2017__1_.docx
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BUSINESS LAW – BUAD 381
FINAL EXAMINATION – 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). FINAL
EXAM DUE IN NEXT CLASS, NO EMAIL SUBMISSIONS!!!!!
QUESTION NO. 1:
FACTS:
Carl Lucas is an at-will employee at POP’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 POP’s, Kay, J.B. and Wally take the
company van to pick up distribution items (50 boxes) for POP’s
from Uptown Distributors, LLC. While picking up boxes for POP’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 POP’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?
QUESTION NO. 2:
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 door’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. 3:
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 AB’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 “possible
suspect van” located; and then approached the van. When Officer Johnson
walked up to the passenger’s side of the window, he tapped on the passenger’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 John’s back pocket in a rubber band. Officer Johnson then
instructed Jeff to step across the passenger’s side of the vehicle to exit on the
passenger’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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