Business Law

Professor Chardea Murray, LL.M., Esq.

EXAM INSTRUCTIONS

· You will be given fifteen minutes (15) to setup your cover page.

· Thereafter, you will be given (2) hours to complete your Midterm Exam.

· Draft your assignment using the Microsoft Word or Adobe PDF program.

· Use Times New Roman 12 point black font.

· Use 1-inch margins.

· Include page numbers at the bottom of your assignment.

· Include a cover page with your first and last name, date, class name, and “Midterm-Last Name, First Name.”

· Include a “Certificate of Authorship” on the cover page of your Midterm.

EXAM RULES

· You may use all class materials (books, slides, Moodle posts, etc.) to assist you with completing your assignment.

· YOU MAY NOT USE THE INTERNET TO COMPLETE YOUR MIDTERM.

· DO NOT USE OUTSIDE SOURCES/MATERIALS TO COMPLETE YOUR MIDTER.

· Note that you will not receive credit for answers based on content outside of your course materials.

EXAM GRADE BREAKDOWN

· Part 1- Case Analysis (25 points)

· Part 2-True/False & Multiple Choice Questions (25 points)

· Part 3-Essay Questions (50 points)

· Part 4-Bonus (5 points)

Part 1- CASE ANALYSIS (25 Points)

Instructions: Recall the critical thinking process of “thinking like a lawyer.” Review the case Masters v. Beck and answer the questions listed below.

1. (5pts.) Describe the critical thinking process lawyers use to analyze and brief a case? Your book refers to this concept as the “basic building blocks in a legal decision or argument.

2. (5pts.) Identify the facts in Masters v. Beck in less than 100 words.

3. 5pts.) What is a case “Issue?” Identify the “Issue” in Masters v. Beck

4. (5pts.) What is the “Rule of Law?” Identify the “Rule of Law” in Masters v. Beck .

5. (5pts.) What is a case “Reason and Conclusion?” Identify the “Reason and Conclusion” in Masters v. Beck .

Part 2- True/False & Multiple Choice Questions (25 Points)

6. (5pts.) In order for a court to render a decision to affect a person, the court must have:

a. Personal Jurisdiction

b. Subject Matter Jurisdiction

c. In Rem Jurisdiction

d. Any of the above

7. (5pts.) A client must pay money to trigger the attorney client privilege. True/ False

8. (5pts.) Statutory Law is made by:

a. Congress

b. Judges

c. The President

d. None of the Above

9. (5pts.) A defendant has no control over the location of the trial. True/False

10. (5pts.) A judge that analyzes cases by examining human behavior and community values more likely than not follows which School of Jurisprudence?

a. Feminist School

b. Sociological School

c. Natural Law School

d. Critical Legal Studies School

Part 3- Essay Questions (50 Points)

11. (25pts.) Osborne, a former chairman of the board of Lock Steel Company, entered into a retirement agreement with Locke. Among other things, the agreement stated that Osborne would continue doing consultations for the company and Osborne would not work for any direct or indirect company competitors. In exchange for these promises, the company agreed to pay Osborne $15,000 a year for the rest of his life. After paying for two years, the company stopped payments when Osborne and Osborne sued. The defendant Locke argued that there was no consideration because the contract was based on past services, and thus there was not detriment to the Osborne. Who won? Explain.

12. (25pts.) William Story promised his nephew that he would pay the nephew $5,000 if he gave up using tobacco, swearing, and playing cards until he was 21 years old. The nephew did so and asked his uncle for the money. His uncle agreed to pay, but the uncle suddenly died in a car crash. The uncle’s estate representatives refused to pay the nephew and argued that there was no consideration for uncle’s promise. Should the court uphold the agreement in this case?

* Part 4- bonus (5 Points)

· List the factors an individual should consider when selecting a business model.

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