Which of the following was the issue in the case of Parker? Were there any issues of fact so that the trial court should not have granted summary judgment? A summary judgment can only be granted if there are no issues of fact. Shirley MacLaine Parker had a contract with Fox to do a musical movie in CA. Parker wins.
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- discuss the concept of the effective assistance of counsel, why the Court looks at the concept of ineffective assistance of counsel, and what the defendant must prove in order for the court to determine if the defendant lacked the effective assistance of counsel.Which of the following health policy provisions states that the producer does NOT have the authority to change the policy or wave any of its provisions? O A Time Limit on Certain Defenses OB. OC OD. Reinstatement Entire Contract Change of Beneficiary MM QUATE Ahiler 372-256-906Which of the following is a purpose of tort law? Multiple Choice To compensate innocent persons who are injured. To impose criminal penalties on those who commit wrongdoing. To allow a remedy for breach of contract claims. To encourage vigilante justice.
- In order to prove disparate treatment employment discrimination under Title VII, what is the first showing a plaintiff must make? Multiple Choice The plaintiff would provde beyond a reasonable doubt that discrimination occured. The plaintiff would show that the reason given by the employer for the discrimination was a mere pretext. The plaintiff would demonstrate a prima facie case of discrimination. The plaintiff would show that the plaintiff gave the defendant the opportunity to remedy the situation before filing suit but that the defendant refused. The plaintiff would show that other people were also being discrirminated against.Rim Corporation makes tire rims that it sells to Superior Vehicles, Inc., which installs them on cars. One set ofrims is defective, which an inspection would reveal. Superior does not inspect the rims. The car with the defectiverims is sold to Town Auto Sales, which sells the car toUri. Soon, the car is in an accident caused by the defective rims, and Uri is injured. Is Superior Vehicles liable?Explain your answer. (See Strict Product Liability.)19-2. Specific Performance. In which of the following situations would specific performance be an appropriate remedy? Discuss fully. (See Equitable Remedies.) a. Thompson contracts to sell her house and lot to Cousteau. Then, on finding another buyer willing to pay a higher purchase price, she refuses to deed the property to Cousteau. b. Amy contracts to sing and dance in Fred's nightclub for one month, beginning May 1. She then refuses to perform. C. Hoffman contracts to purchase a rare coin owned by Erikson, who is breaking up his coin collection. At the last minute, Erikson decides to keep his coin collection intact and refuses to deliver the coin to Hoffman. d. ABC Corp. has three shareholders: Panozzo, who owns 48 percent of the stock; Chang, who owns another 48 percent; and Ryan, who owns 4 percent. Ryan contracts to sell her 4 percent to Chang. Later, Ryan refuses to transfer the shares to Chang.
- Now explain what would be Harvey's best argument in response to the argument on provocation? In other words, argue on behalf of Harvey that there was no provocation of the dog. (Messa v. Sullivan)A real estate professional working with a buyer has disclosed the options for representation under state law, but has not signed a buyer representation agreement and considers the buyer a customer. while showing the buyer a property, which o the following statements by the professional could create implied agency in a jurisdiction where the common law of agency prevails? A. “You should consider having any property inspected by a professional.” B. “You should speak to attorney about how to take title to the property.” C. “You should offer $20,000 less than the asking price due to the repairs needed on this property.” D. “You should be prequalified by a lender since most sellers will request this information when you make an offer.”Mitzi is about to graduate from UF and has just signed her first contract for employment with a private company, PPC. Mitzi realizes that there is a clause in her contract, drafted by PPC, that prohibits her from speaking about the trade secrets that PPC uses. Mitzi believes that this clause violates rights under the First Amendment. Therefore, Mitzi tells some of her friends at school about the company and the wording of the contract; however, she does not say anything else about PPC, its customers, or what it does. Mitzi does not know that her friend Juliet's father is the head of PPC. Juliet tells her father about what Mitzi has said, and he immediately fires Mitzi. Would Mitzi have a case against PPC under the rights granted in the First Amendment? O No, company policy prohibits speaking about the trade secrets, and this is not protected by the First Amendment. O No, because Mitzi could only bring a case for abusive discharge, retaliation, or defamation; neither she nor PPC could…