COMMERCIAL LAW I

The boy’s family and Carasia do not get along. The boy’s mother said the family got rid of their cat after Carasia complained to police that it used her flower garden as a litter box.

The boy testified Tuesday that he only meowed at the woman twice. Carasia testified, “Every time he sees me, he meows.”

The boy’s defense attorney, David Martin Jr., argued that the charge should be dismissed. “This should never have been filed,” Martin said. “This is not something that police should be wasting their time with or wasting the court’s time."

Jeannette County District Judge Joseph DeMarchis decided to wait 90 days before ruling. DeMarchis said his decision will be based on how the boy and his neighbor get along in the meantime.

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Question 1 1 pts

What kind of case is it?

1-Criminal

2-Civil

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Question 2 1 pts

What kind of case is it?

1-Private

2-Not enough information to tell

3-Public

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Question 3 1 pts

Who is the plaintiff in this case?

1-The 14-year old boy.

2-The woman who claims to be harassed.

3-The People of Jeanette County

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Question 4 1 pts

Who is the defendant in this case?

1-The woman who claims to be harassed.

2-The People of Jeanette County

3-The 14-year old boy.

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Question 5 1 pts

What kind of case is this?

Federal court

Not enough information to tell

State court

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Man Hits His Own Car Then Sues Himself

Yahoo! News

Thu Mar 16 2006

LODI, Calif. – When a dump truck backed into Curtis Gokey’s car, he decided to sue for damages.  Only thing is, he was the one driving the dump truck. But that minor detail didn’t stop Gokey, a Lodi city employee, from filing a $3,600 claim for the December accident after admitting the crash was his fault.

After the city denied that claim because Gokey was, in essence, suing himself, he and his wife, Rhonda, decided to file a new claim under her name.

City Attorney Steve Schwabauer said this one also lacks merit because Rhonda Gokey can’t sue her own husband. “You can sue your spouse for divorce, but you can’t sue your spouse for negligence,” Schwabauer said. “They’re a married couple under California law. They’re one entity.”

But Rhonda Gokey insisted she has the right to sue the city because a city vehicle damaged her private vehicle.

In fact, her claim is pending in San Joaquin County Court where she is seeking $35,000 in damages. She claims she has emotional damages in addition to the damage to her vehicle. “I have experienced a great deal of stress over this ordeal,” said Rhonda Gokey.  

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Question 6 1 pts

What kind of case is it?

Criminal

Civil

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Question 7 1 pts

What kind of case is it?

Not enough information to tell

Public

Private

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Question 8 1 pts

Who is the plaintiff in this case?

The city of Lodi, California

Rhonda Gokey

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Question 9 1 pts

What kind of case is it?

State court

Federal court

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Shopper glued onto toilet seat

Scripps Howard News Service

Nov 3 2005

BOULDER, Colo. – When Bob Dougherty sat on a toilet at Home Depot, he wasn’t planning on staying long. But when Dougherty tried to stand up, he found he was stuck. Someone had pulled a Halloween prank by smearing glue on the seat. Now, he’s suing Home Depot.

The lawsuit filed in Boulder Circuit Court states that Home Depot ignored Dougherty’s cries for help that day. Dougherty “felt tremendous panic” when he realized he was stuck.

Dougherty was recovering from heart by-pass surgery at the time. He says he thought he was having a heart attack and took nitroglycerin pills while shouting for help. Eventually, store employees found Dougherty and called the Louisville Fire Department.

Paramedics unbolted the toilet seat and left it attached to Dougherty. While wheeling Dougherty from the store, he passed out and paramedics could not find a pulse. In their rush to turn him onto his back, the toilet seat tore from his skin, resulting in injuries.

Dougherty’s lawsuit seeks damages for his injuries and his week-long stay in a hospital. Since the incident, Dougherty claims to have nightmares and inability to sleep. He also claims lack of sleep sent him into a diabetic coma and has made him insulin-dependent. Dougherty’s lawsuit claims he has also been diagnosed with post-traumatic stress disorder.

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Question 10 1 pts

What kind of case is this?

Not enough information to tell

Criminal

Civil

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Question 11 1 pts

What kind of case is this?

Private

Public

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Question 12 1 pts

Who is the plaintiff in this case?

The People of Colorado

Bob Dougherty

Home Depot

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Question 13 1 pts

Who is the defendant in this case?

Bob Dougherty

Home Depot

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Question 14 1 pts

What kind of case is this?

State court

Federal court

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Internet decal seller settles with IU

IndyStar.com

Nov 11 2005

BLOOMINGTON, Ind. – A man who faced a $9,000 penalty for trademark infringement for selling six cartoon decals of a boy in an Indiana University cap urinating on the Duke Blue Devil mascot has settled the case with the school.

Kevin Hughes of Norwich, Ohio, said that he was not allowed to talk about the specifics of the settlement, but he was happy the issue was resolved.

Mark Long, president of IU Research & Technology Corp., confirmed the dispute had been settled. “He sent us a letter of apology, and we settled it for far less than the original complaint,” Long told The Herald-times Tuesday.

Hughes made a profit of $36 from selling the decals on e-Bay. He acknowledged he was aware the IU logo was trademarked, but he assumed that if he got caught he would only receive a “cease and desist” letter.

Hughes did receive such a letter from IU and he stopped selling the decals. A few months later, he received notice of a lawsuit and a demand for more than $3,000 in damages. Hughes ignored it until he received an order from the U.S. District Court in Indianapolis telling him to pay more than $9,000 to IU. 

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Question 15 1 pts

What kind of case is this?

Civil

Criminal

Not enough information to tell

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Question 16 1 pts

What kind of case is this?

Public

Private

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Question 17 1 pts

Who is the plaintiff in this case?

Indiana University

Duke University

Kevin Hughes

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Question 18 1 pts

Who is the defendant in this case?

Kevin Hughes

Duke University

Indiana University

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Question 19 1 pts

What kind of case is this?

Not enough information to tell

State court

Federal court

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Paper Sued Over Error In Contest

Pittsburgh Tribune Review

Mar 23 2005

NEW YORK – A Brooklyn woman filed a multimillion dollar lawsuit against the Daily News on Tuesday seeking damages in the aftermath of the paper’s Scratch n’ Match fiasco.

Linette Stewart, 35, said she was led to believe she won three $100,000 cash prizes after completing the contest form in Saturday’s paper.

Sunday, the newspaper informed its readers of a misprint by an outside contractor that led many people to believe they had won.

“Our dreams were shattered,” said Stewart a paralegal, “And it’s not fair.” She filed her lawsuit in Queens Supreme Court on Tuesday. It was the second lawsuit over the contest in as many days.

Monday, about 2,000 irate readers waited in line outside the paper’s prize-validation office. The Daily News put blame on the contest administrator for allowing “typographical errors”. The paper announced that all supposed winning tickets will be place into a new drawing with a higher cash prize.

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Question 20 1 pts

What kind of case is this?

Civil

Criminal

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Question 21 1 pts

What kind of case is this?

Private

Public

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Question 22 1 pts

Who is the plaintiff in this case?

Linette Stewart

The Daily News

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Question 23 1 pts

Who is the defendant in this case?

Linette Stewart

The Daily News

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Question 24 1 pts

What kind of case is this?

State court

Federal court

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Question 25 1 pts

What kind of court is this?

Appeals court

Trial court

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Question 26 0 pts

I affirm that I have completed this assignment on my own, without the help of others, and that my submission is in compliance with the Honor Code for the IU Kelley School of Business.  

No

Yes