Where would jurisdiction lie in the case where Tabitha makes a threatening and harassing telephone call from her home in Nebraska to Dave who receives the call at his home in Montana, a violation of the criminal statutes of both states? What difficulties might be encountered in attempting a prosecution in either state? Can you think of any place on earth, or the airspace around it, where a crime could be committed, but no court would have jurisdiction?
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Where would jurisdiction lie in the case where Tabitha makes a threatening and harassing telephone call from her home in Nebraska to Dave who receives the call at his home in Montana, a violation of the criminal statutes of both states? What difficulties might be encountered in attempting a prosecution in either state? Can you think of any place on earth, or the airspace around it, where a crime could be committed, but no court would have jurisdiction?
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- Identify and explain the forms of intellectual property, how long protection of one's rights lasts, and what remedies one can seek for an infringement of one's IP (Intellectual Property).Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?You are President and CEO of Apex Business Systems, Inc. (Apex). Apex, through its purchasing agent, bought a new microwave from Inki Appliances Company (Inki) who sells microwaves on a daily basis. There was no written or oral warranty given when the sale was made. The microwave stopped working one week after it was placed it in the company kitchen. Assume also that nobody misused the microwave or in any way caused it to quit working. The purchasing agent returned the microwave three days after it quit working. The owner of Inki refused to repair or replace the microwave or offer a refund. Prepare a demand letter to be sent to Inki.
- A local builder offers to place with you insurance on every house he/she builds while it is under construction. In return, he/she wants you to allow him/her 20 % discount off the premium required by insurers. How would you respond to comply with RIBO Regulations? OA) You can only allow a five percent (5%) discount because of your overhead and expenses. OB) You will pay the builder a flat $10.00 fee for each house, but it is contrary to RIBO Regulations to discount the premium. OC) You refuse to pay the builder anything, since it would contravene RIBO Regulations. OD) You offer the builder a 20% premium refund for those houses that have no claims while under construction.Assume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.Sungsam, Inc., a Taiwanese company, and nineteen other Asian companies (the Companies) collaborated to manufacture and sell transistors internationally. These transistors were used in a multitude of consumer goods, millions of which were sold in the United States, including Georgia. The state of Georgia sued the Companies in Georgia, alleging violating consumer protection laws. The Companies filed a motion to dismiss for lack of personal jurisdiction. In response, Plaintiff alleged that the Companies sold the transistors into international streams of commerce with the intent that they would be incorporated into millions of consumer products sold in the United States, including Georgia. Should the Companies motion be granted? © a. No because the Companies did not sell any products directly to Georgia consumers and did not conduct any business in Georgia. b. Yes because a foreign manufacturer’s placement of goods into the stream of commerce of the state of Georgia, with…
- Purell Magazine Construction Fraud The Purell Magazine Construction Fraud case involves James Small, a facilities supervisor at Purell Magazine and Publishing House, who engaged in a sophisticated scheme of occupational fraud. Small was responsible for overseeing the painting operations as part of the company's conversion of its plant in Oakville, Ontario, into an office complex. This massive renovation project involved constructing an auditorium identical to one in the company's European offices. Small's fraudulent activities came to light when the vice president of administrative services, Richard Green, noticed forgeries in a stack of invoices related to the auditorium construction project. An initial investigation revealed that all the forgeries were in the painting division, with a budget of approximately $800,000 a year. Small, who earned about $30,000 a year, had been the only person overseeing the painting operations. Small's fraud scheme involved creating false invoices for…in the Escobar case, Universal Health Services, Inc Petitioner v. United States and Massachusetts, es rel. Julio Escobar, April 19, 2016. This unit treated the relators’ allegations in this case as presenting legally false claims. Explain why the relators’ allegations in the case could actually be viewed as presenting factually false claims.Give an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.
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