Assignment #1 (25 points) – FALL ’19, Due Sept. 26
(Q. 1-10: 2 points each; Q. 11: 5 points)
1. “Apples & Oranges Corporation learns that a federal administrative agency is considering a rule that will have a negative impact on the firm’s ability to do business. Does the firm have any opportunity to express its opinion about the pending administrative rule? Explain. What federal law imposes strict procedural requirements that federal agencies must follow when carrying out their administrative law rulemaking function? (Text pages 3-5).
2. When should a statement made on social media, such as a Facebook post, be considered a true threat? Explain. Do you believe the First Amendment protects speech that contains true threats? Why or why not? (Text page 20).
3. The Arkansas state legislature enacts a statute prohibiting the advertising of video games because the games might be harmful to minors. Despite this new statute, the president of Games Marketing, Inc. (GMI), orders GMI employees to place ads in various media. When a GMI ad appears on HDTV; a local television station, GMI and HDTV are charged with violating the statute. What is the defendants’ best defense against a conviction? Can you explain and provide an example of when a government restriction on commercial speech would be considered valid? (Text pages 18-19).
4. Jane, a Texas resident, purchased a used car from sellers located in Oklahoma after viewing numerous photos of the car on an internet site called Boomer Sooner AutoMart. The sellers claimed that the car could go to California and back with no problems because everything works great. Jane picked the car up in Oklahoma, but on the drive home the car quit working. Jane filed suit in Texas against the sellers located in Oklahoma alleging the vehicle was defective, but the sellers claimed that the Texas courts lacked jurisdiction. What must a court have jurisdiction over before it can hear a case? What arguments should Jane make to support her claim that the court has jurisdiction to hear this case? (Text pages 43-47).
5. What is the difference between the focus of a trial court and an appellate court? What is the meaning of a “question of law” in a lawsuit? When is a decision of a highest state court considered final? When can the U.S. Supreme Court overrule a decision made by a state’s highest court? (Text pages 50-53).
6. Explain the difference between trespass to land and trespass to personal property. What conduct constitutes conversion? What is the tort slander of quality (trade libel)? (Text pages 115- 116).
7. Explain the doctrine of strict liability and the public policy reasons for the law to impose strict product liability on manufacturers and sellers for defective products.
Name three types of product defects. (Text pages 126-129).
8. What is the difference between a trademark and a service mark? Explain the difference between trademark infringement and trademark dilution. (Text pages 138-145).
9. An owner of intellectual property may enter into what type of agreement in order to permit another to use the owner’s intellectual property for a limited purpose? Name three specific types of intellectual property that may be covered by this type of an agreement. (Text p. 147)
10. What is a patent? What must an “invention” be in order to be “patentable”? (Text pages 147-48).
11. Explain the primary purpose of tort law. What types of damages are available in tort lawsuits? What must a plaintiff prove to succeed in a negligence action? In deciding whether there is causation in a negligence action, what two questions must a court address? What happens if the court answers the first question in the affirmative and the second question in the negative? (Text pages 103-105, 117-120).