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- Which of the following was the court's decision in the Des Moines Flying Servs. v. Aerial Servs. case referenced in the text? Multiple Choice The court reversed the district court's summary judgment dismissing ASI's implied warranty claim. The court affirmed the district court's summary judgment dismissing ASI's implied warranty claim. The court reversed the district court's summary judgment dismissing ASI's express warranty claim The court affirmed the district court's summary judgment dismissing AST's express warranty claim The court remanded the case to the district court fo rehear the merits of DMFS's express warranty claim.Which of the following is NOT true of criminal fraud cases? A. It is easier for the prosecution to prevail in a criminal case than it is for the plaintiff to prevail in a civil case. B. Juries generally must rule unanimously on guilt. C. The burden of proof is beyond a reasonable doubt. D. The government/prosecution has the burden of proof.With respect to the doctrine on Consideration, Past Consideration is ‘irrelevant’ Discuss this statement, with the following requirements;1. Three (3) applicable case laws on the subject matter2. Clearly state: The issue, Basic facts of the Cases, The Judgement
- one y Jason just closed on the purchase of real estate under an installment sales contract. Which of the following accurately describes Jason's present status? Jason acquires equitable title for now but can NOT take possession while paying off the loan. Jason acquires legal title immediately and can take possession while paying off the loan. Jason acquires equitable title for how and can take possession while paying off the loan. Jason acquires stocks in the corporation that owns the property.Leonardo has a house on the beach in California. The state wants to expand public beaches and subsequently takes Leonardo’s house, paying him $20,000 even though the house is worth $500,000. Leonardo can argue (A) that his First Amendment rights were violated; (B) that his Fifth Amendment rights were violated; (C) that his Eighth Amendment rights were violated; (D) that his Tenth Amendment rights were violated. Answer:______ Explanation: Only typing answerWebster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent? PRISCILLA D. WEBSTER V. BLUE SHIP TEA ROOM, INC. SUPREME JUDICIAL COURT OF MASSACHUSETTS FACTS: Priscilla Webster, a restaurant patron who ordered seafood chowder and choked on a fishbone, brought this case. She maintained that she would not have reasonably expected to find a bone in the chowder. As a result of the bone in the chowder, Webster suffered through several hospital procedures to remove the bone, at considerable cost and pain. At the trial, a jury found for Webster. The Blue Ship Tea Room, the defendant, appealed the case on the basis of the legal interpretation of the implied warranty of merchantability. The appellate decision has become a classic in American jurisprudential reasoning. REASONING: The court, in great detail, discussed the rich culinary history of New England seafood chowders. In going through the details of exactly how good chowder is…
- On July 6, 2015, the US Court of Appeals for the Ninth Circuit declined to extend a controversial appellate ruling from the Second Circuit that raised the bar for prosecutors to secure insider trading convictions where inside information is passed among family members. The twist? The Ninth Circuit's opinion is written by Southern District of New York Judge Jed Rakoff, sitting in the Ninth Circuit by designation. (United States v. Salman, No. 14-10204, (9th Cir. July 6, 2015).) Maher Kara (Maher) began working for Citigroup's healthcare investment banking group in 2002. Maher regularly disclosed information about upcoming Citigroup client mergers and acquisitions to his older brother, Mounir "Michael" Kara (Michael), who traded on that information. Over time, Michael shared the inside information with Appellant Bassam Yacoub Salman (Salman), who was Maher's brother-in-law and close friends with Michael. Michael also encouraged Salman to replicate his trading activity. Michael and Salman…Brady leaves her diamond necklace to be repaired at Diamonds R Us, a jewelry store that sells new and used diamond jewelry, Diamonds R Us sells the necklace to Doris, who does not know that it belongs to Brad. a. Brad can successfully recover the necklace from Doris. b. Brad cannot recover from either Doris or Diamonds R Us. c. Brad can sue Diamonds R Us for the value of the necklace but cannot obtain the necklace back from Doris9. (T/F) Stanley Pomarantz, TC Memo 1986-461 was cited favorably in Lynn Crawford, TC Memo 93-892. (Go to the case, then click on the Citator) 10. Which of the following cases are cited in Pomarantz v. Comm, 62 AFTR 2d 88-5882 (860 F2d 960), (CA9) 11/07/1988? a. Meiers v. Commissioner b. Smith v. Commissioner c. Thompson v. Commissioner d. All of the above e. None of the above
- Sometimes an issur with a property is discovered during the pre-closing stage. Buyers may be willing to accept deficiencies if they an compensate through a price reduction. Which of the following is correct regarding adjusting a purchase price to offset a deflciency.Select one: O. The value of the price adjustment may become a matter of negotiations between the parties. O. A new agreement of purchase and sale must be drafted and signed to finalize the price adjustment. O. A formal appraisal is always required to determine the adjusted purchase price. O. Buyers are contractually obligated to negotiate an adjusted purchase price.Prove the arguments using the two-column format. Andrew and Bobby always start a fight within their gang. If Andrew began the fight, then Carl would mediate for order and Bobby will start another fight. If Carl would mediate for order, then either Daniel will help him or Elmer heats up the rumble. During one of their clashes, Daniel did not helped Carl (for mediating the order). Therefore, Elmer heated up their rumble.Jorge works for a residential brokerage firm that represents both buyers and sellers in single agency relationships. In this situation, which of the following is TRUE? (a) It is acceptable for Jorge's real estate firm to represent both buyers and sellers as single agents in the same transaction. (b) Real estate firms may offer single agency representation to buyers or sellers, but not both. (c) Sellers and buyers being represented in a single agency relationship in the same transaction by the same real estate firm must first sign the Transition to Transaction Broker form to proceed, (d) Sellers and buyers being represented in a single agency relationship in the same transaction by different real estate firms must first sign the Transition to Transaction Broker form to proceed.