The burden of proof in civil cases is fairly low. Plaintiffs win if they are 51 percent convincing, and then they collect 100 percent of the damages. Is this result reasonable? Should plaintiffs in civil cases be required to prove their cases beyond a reasonable doubt instead of by the preponderance of the evidence? Or, if plaintiffs are only 51 percent convincing, should they get only 51 percent of the requested damages? Explain all the relevant concepts.
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The burden of proof in civil cases is fairly low. Plaintiffs win if they are 51 percent convincing, and then they collect 100 percent of the damages. Is this result reasonable? Should plaintiffs in civil cases be required to prove their cases beyond a reasonable doubt instead of by the preponderance of the evidence? Or, if plaintiffs are only 51 percent convincing, should they get only 51 percent of the requested damages? Explain all the relevant concepts.
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- Loren has invented a product that detects water leakages caused by broken pipes and sends out an alarm similar to a smoke alarm. However, Loren does not have sufficient finances to invest in this new product. Therefore, he borrows money from his friends to enter the market and begins to experience some success. The product is not patentable because it is too similar to other existing technologies. Major corporations have seen his success and have now entered the market with competing products. Define, in detail, what will be the probable destiny of Loren's company?At both federal and state levels there are civil and criminal courts. What types of cases are handled in civil courts? In criminal courts?Kayla, a property owner, loses an acre of her land to adverse possession. She is surprised this was even possible. You explain to her that, even though she owns the property, property can be lost even without the owner's consent through: involuntary alienation voluntary alienation private grants land trust
- Olivia pays an expensive fee to a sales associate in exchange for rental information. What must happen in order for Olivia to qualify for a refund? She must attend small claims court. She must ask for a refund within 60 days. She must fail to attain a rental unit. She must seek out an attorney.In US Supreme Court case O'Hagan v. United States (1997), O'Hagan was a lawyer working for Grand Met, a company that was secretly planning to make a tender offer for the stock of Pillsbury, the 'target' firm. O'Hagan bought call options on that stock before Grand Met offer went public. The misappropriation theory articulated by the Court's majority in this case is also called the theory of 'outsider' (rather than 'insider') trading. That is because 0'Hagan was not an insider of Pillsbury, the target. He was an outsider who did not owe a fiduciary duty to the shareholders of Pillsbury. The Court's majority held that he did, however, owe a fiduciary duty to Grand Met, the outside firm holding private material information releyant to the future value of Pillsbury stock.(T/F/U and Why?)You are a broker. Your sales associate is new and can't remember the key differences between lien types. You remind them: Liens can be voluntary or involuntary. Voluntary liens are created with the owner's consent. A lien can only apply to one piece of property a debtor owns Because of this, liens are always specific. Legally, liens cannot be involuntary. They must be created with the owner's consent and if they're not, they're illegal All liens affect all of the debtor's property. That's why they're also called general liens.
- Joe took out a loan to purchase a new house. In return, Joe's lender placed a lien on the property. Is this legal? O No. Only Joe can place a lien his property. O No. A lender is never allowed to place a lien on a property as long as the borrower is up-to-date ontheir payments. О Yes. This is a voluntary mortgage lien that allows the lender to foreclose on the property if Joe defaults on the loan. O Yes. However, the lien is only valid for 12 months.Larkin and Oliver bought their first home in May 2019. Their real estate agent told them that all of the property tax would be deductible. Is this accurate? Yes. All property tax is deductible on the purchase of homes. Yes. Besides the complete property tax deduction, homeowners can also get an exclusion from capital gains (but only if they are a married couple, like Larkin and Oliver). No. The only tax benefit for homebuyers is that they are allowed to withdraw up to $10,000 from their IRA to go toward the down payment for their home. No. Homeowners can deduct a total of $10,000 between state, city, and property taxes.You employ 40 assemblers and 20 machinists. The Union files a petition with the NLRB to represent the assemblers and files 16 authorization cards. What might you do to cause the NLRB to dismiss the petition and what can the Union do to respond?
- Discuss the concept of strict liability. Should this be applicable to businesses in product liability cases? Is this fair? What if a business is extremely cautious and yet a person is injured by the product? Why would it make sense to hold the business (who was not negligent) liable?How does the concept of constructive bailment arise and what are its implications in legal cases?Q1. To prevail in an action brought under common law, the plaintiff must show all of the following except: (in your response, explain the burdens of proof for a third-party plaintiff under common law). Q2. Kerry CPA is the auditor for Sammy Corp. During the audit, Kerry discovers a material misstatement in Sammy's financial statements. Sammy's management tells Kerry that if the misstatement is corrected or if Kerry issues an opinion that indicates there is a material misstatement, Sammy Corp. will likely have to declare bankruptcy and thousands of employees will lose their jobs. Which of the following statements is true if the misstatement is not corrected and Kerry issues an unqualified opinion on Sammy's financial statements? (in your response, identify the court case that makes Kerry liable to any person who suffered a loss as a result of the fraud).