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1- Many states prohibit their lottery tickets from
being sold out of the state, so Pic-A-State
would have its agents buy lottery tickets in
various states and hold them there; someone in
Pennsylvania would buy a claim on the tickets
held in the other states. Congress passed a law
prohibiting interstate transmission of lottery
ticket information to be used for lottery ticket
sales. Pic-A-State, which was being put out of
business, challenged the law as unconstitutional.
Was it correct? [Pic-A-State Pa. v. Reno , 76 F.3d
1294 3rd Cir. (1996)]
2- Brogan lied when IRS agents asked if he had
received gifts from a company whose employees
were represented by the union in which he was
an officer. Brogan was convicted on federal
bribery charges and for making a false statement
to a federal agency. He appealed, contending that
false statements to federal investigators are protected
by the Fifth Amendment, which holds that
a person cannot be forced to testify against
himself. Did Brogan have a right to use the Fifth
Amendment in this situation? [Brogan v. U.S. ,
118 S.Ct. 805 (1998)
3- Charlotte Newsom worked as a cashier at a store.
One day she was told to report to the manager’s
office, where she was accused by two security
staff members of stealing $500. She denied stealing
the money. The meeting lasted two hours.
The security staff asserted to have evidence of
theft, although Newsom constantly denied the
claim. Whenever Newsom said she wanted to
leave, the staff told her she would be arrested for
theft if she left. Finally, Newsom wrote a statement
denying the charge. She was fired on the
spot and left the store. Did she have a case for
false imprisonment? [Newsom v. Thalhimer
4- Eating bags of microwave popcorn for years is
claimed to cause “popcorn” lung from inhalation
of the flavoring used on the popcorn. Plaintiffs
with the medical problem sued the popcorn
makers and the maker of the flavoring. The flavoring
maker asserted it was not liable under the
bulk-supplier defense. Would that apply?
[Daughetee v. Chr. Hansen, Inc. , 2013 WL
828126, N.D. Iowa (2013)]
5- A KFC restaurant was on a major street in town
until the city redesigned the road, leaving the
KFC at the end of a dead-end road, which caused
business to fail. The KFC owners sued the city for
inverse condemnation—a taking of their property
by reducing the value of it. Can they demand
compensation for this loss of value? [Kau Kau
Take Home v. City of Wichita , 135 P.3d 1221,
Sup. Ct., Kan. (2006)]
6- Polk listed property to sell with a real estate agent.
Avon made an offer, and the two parties went back
and forth on terms. When Polk rejected an offer
fromAvon, Avon then accepted an earlier offer
from Polk and gave a $25 000 deposit check to
cinch the deal. Polk refused to sell. Avon sued,
claiming there was a contract or, at a minimum, an
option contract formed by the deposit check. Is
there a contract? [Polk v. Avon Properties , 946 So.2d
1120, Dist. Ct. App., Fla. (2006)]
7- Marquette agreed to provide all cement that
Norcem would need for two years. The quantity
and sales price for the first two shipments were
specified in the contract. The third shipment,
according to the contract, was to be negotiated
for a price “not to exceed $38 per short ton.” At
the time of the third shipment, Marquette told
Norcem the price would be $38; Norcem
responded that Marquette’s insistence on the
maximum price was not in good faith and
refused to buy the cement. Marquette sued for
breach of contract. Was Marquette right? [Marquette
v. Norcem , 494 N.Y.S.2d 511, Sup. Ct.,
App. Div., NY (1985)]
8- Dr. Citrin had an agreement with Dr. Mehta for
Mehta to work in Citrin’s medical offices to see
his patients when he was on vacation. While
Citrin was on vacation, Mehta saw a patient and
misdiagnosed the problem; the patient died. The
heirs of the patient sued Citrin, claiming that
Citrin and Mehta were partners. Were they?
[Impastato v. DeGirolamo , 459 N.Y.S. 2d 512,
N.Y. Sup. Ct. (1983)]
9- Chung was at a racetrack operated by the New
York State Racing Association. He bought a
gambling voucher for use in SAMS, which are
machines that take payments for gambling. The
money credited to a voucher in a machine can be
bet at once or can be used over time to make bets
on SAMS. Chung forgot his voucher in a SAMS
machine; it had several thousands of dollars
credit on it. Someone found it and traded it in for
cash. The betting system does not link a person
to a voucher, so the thief was unknown. Chung
sued, contending that the racetrack should be
liable for failing to check the identity and ownership
of vouchers prior to their use. Is the
racetrack liable or is Chung out of luck? [Chung
v. New York State Racing Assn. , 42 UCC
Rep.Serv.2d 867, Dist. Ct., N.Y.C., NY (2000)]
10- Hunter Mining hired Hubco Data to customize
computer equipment specific to Hunter’s needs.
Before the job was done, Hubco went out of
business. Hunter sued MAI, the company that
made the computer products that Hubco sold to
Hunter, for breach of contract. Hubco was a
licensed distributor of MAI when it sold Hunter
the computer package. Was MAI liable as principal
for Hubco’s failure? [Hunter Minings
Laboratories, Inc. v. Management Assistance, Inc. ,
763 P.2d 350, Sup. Ct., Nev. (1988)]
11- Lack sued his former employer, Walmart, and his
former supervisor, Bragg, for sexual harassment.
He contended that Bragg made “inappropriate
and demeaning statements … of a sexual nature”
and told vulgar jokes in front of Lack and others.
When Lack complained, he suffered retaliation as
Bragg made “his work schedule more burdensome
and inconvenient.” Wal-Mart ignored the
problem. Other employees testified as to Bragg’s
behavior. The jury found for Lack and awarded
him $80,000 in damages. Walmart appealed. Did
Lack have a case? [Lack v. Wal-Mart Stores ,
240 F.3d 255, 4th Cir. (2001)]

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1- Many states prohibit their lottery tickets frombeing sold.docx

  • 1. 1- Many states prohibit their lottery tickets from being sold out of the state, so Pic-A-State would have its agents buy lottery tickets in various states and hold them there; someone in Pennsylvania would buy a claim on the tickets held in the other states. Congress passed a law prohibiting interstate transmission of lottery ticket information to be used for lottery ticket sales. Pic-A-State, which was being put out of business, challenged the law as unconstitutional. Was it correct? [Pic-A-State Pa. v. Reno , 76 F.3d 1294 3rd Cir. (1996)] 2- Brogan lied when IRS agents asked if he had received gifts from a company whose employees were represented by the union in which he was an officer. Brogan was convicted on federal bribery charges and for making a false statement
  • 2. to a federal agency. He appealed, contending that false statements to federal investigators are protected by the Fifth Amendment, which holds that a person cannot be forced to testify against himself. Did Brogan have a right to use the Fifth Amendment in this situation? [Brogan v. U.S. , 118 S.Ct. 805 (1998) 3- Charlotte Newsom worked as a cashier at a store. One day she was told to report to the manager’s office, where she was accused by two security staff members of stealing $500. She denied stealing the money. The meeting lasted two hours. The security staff asserted to have evidence of theft, although Newsom constantly denied the claim. Whenever Newsom said she wanted to leave, the staff told her she would be arrested for theft if she left. Finally, Newsom wrote a statement denying the charge. She was fired on the
  • 3. spot and left the store. Did she have a case for false imprisonment? [Newsom v. Thalhimer 4- Eating bags of microwave popcorn for years is claimed to cause “popcorn” lung from inhalation of the flavoring used on the popcorn. Plaintiffs with the medical problem sued the popcorn makers and the maker of the flavoring. The flavoring maker asserted it was not liable under the bulk-supplier defense. Would that apply? [Daughetee v. Chr. Hansen, Inc. , 2013 WL 828126, N.D. Iowa (2013)] 5- A KFC restaurant was on a major street in town until the city redesigned the road, leaving the KFC at the end of a dead-end road, which caused business to fail. The KFC owners sued the city for inverse condemnation—a taking of their property by reducing the value of it. Can they demand compensation for this loss of value? [Kau Kau
  • 4. Take Home v. City of Wichita , 135 P.3d 1221, Sup. Ct., Kan. (2006)] 6- Polk listed property to sell with a real estate agent. Avon made an offer, and the two parties went back and forth on terms. When Polk rejected an offer fromAvon, Avon then accepted an earlier offer from Polk and gave a $25 000 deposit check to cinch the deal. Polk refused to sell. Avon sued, claiming there was a contract or, at a minimum, an option contract formed by the deposit check. Is there a contract? [Polk v. Avon Properties , 946 So.2d 1120, Dist. Ct. App., Fla. (2006)] 7- Marquette agreed to provide all cement that Norcem would need for two years. The quantity and sales price for the first two shipments were specified in the contract. The third shipment, according to the contract, was to be negotiated for a price “not to exceed $38 per short ton.” At
  • 5. the time of the third shipment, Marquette told Norcem the price would be $38; Norcem responded that Marquette’s insistence on the maximum price was not in good faith and refused to buy the cement. Marquette sued for breach of contract. Was Marquette right? [Marquette v. Norcem , 494 N.Y.S.2d 511, Sup. Ct., App. Div., NY (1985)] 8- Dr. Citrin had an agreement with Dr. Mehta for Mehta to work in Citrin’s medical offices to see his patients when he was on vacation. While Citrin was on vacation, Mehta saw a patient and misdiagnosed the problem; the patient died. The heirs of the patient sued Citrin, claiming that Citrin and Mehta were partners. Were they? [Impastato v. DeGirolamo , 459 N.Y.S. 2d 512, N.Y. Sup. Ct. (1983)] 9- Chung was at a racetrack operated by the New
  • 6. York State Racing Association. He bought a gambling voucher for use in SAMS, which are machines that take payments for gambling. The money credited to a voucher in a machine can be bet at once or can be used over time to make bets on SAMS. Chung forgot his voucher in a SAMS machine; it had several thousands of dollars credit on it. Someone found it and traded it in for cash. The betting system does not link a person to a voucher, so the thief was unknown. Chung sued, contending that the racetrack should be liable for failing to check the identity and ownership of vouchers prior to their use. Is the racetrack liable or is Chung out of luck? [Chung v. New York State Racing Assn. , 42 UCC Rep.Serv.2d 867, Dist. Ct., N.Y.C., NY (2000)] 10- Hunter Mining hired Hubco Data to customize computer equipment specific to Hunter’s needs.
  • 7. Before the job was done, Hubco went out of business. Hunter sued MAI, the company that made the computer products that Hubco sold to Hunter, for breach of contract. Hubco was a licensed distributor of MAI when it sold Hunter the computer package. Was MAI liable as principal for Hubco’s failure? [Hunter Minings Laboratories, Inc. v. Management Assistance, Inc. , 763 P.2d 350, Sup. Ct., Nev. (1988)] 11- Lack sued his former employer, Walmart, and his former supervisor, Bragg, for sexual harassment. He contended that Bragg made “inappropriate and demeaning statements … of a sexual nature” and told vulgar jokes in front of Lack and others. When Lack complained, he suffered retaliation as Bragg made “his work schedule more burdensome and inconvenient.” Wal-Mart ignored the problem. Other employees testified as to Bragg’s
  • 8. behavior. The jury found for Lack and awarded him $80,000 in damages. Walmart appealed. Did Lack have a case? [Lack v. Wal-Mart Stores , 240 F.3d 255, 4th Cir. (2001)]