Central District of California Contract and Law Discussion

Central District of California Contract and Law Discussion

Order ID	53563633773
Type	Essay
Writer Level	Masters
Style	APA
Sources/References	4
Perfect Number of Pages to Order	5-10 Pages

Description/Paper Instructions

Central District of California Contract and Law Discussion

. Find and read the following cases

City of Everett Washington v.Mitchell, 631 P.2d 366, Web 1981 Wash. Lexis 1139 Supreme Court of Washington.

Welles v. Academy of Motion Pictures Arts and Sciences, Web 2004 U.S.Dist. Lexis (2004) United States District Court for the Central District of California.

Mesaros v.United States, 845 F.2d 1576, Web 1988 U.S.App Lexis 6055, United States Court of Appeals for the Federal Circuit.

Check the Legal Cases tab if you have trouble findng the cases on the internet or ask our wonderful librarian to help you. See Discussion Board for how to communicate with her.

2. Answer the following questions: Central District of California Contract and Law Discussion

What theory does the court use to evaluate the contract?

What is the objective theory of contracts? Central District of California Contract and Law Discussion

When will a court set aside a contract? Central District of California Contract and Law Discussion

Should an advertisement be treated as an offer rather than an invitation to make an offer? Why or why not?

IWCC Intentional Infliction & Compensatory Damages Multiple Choice Questions

Jocelyn lets her dog out during the day. She doesn’t tie him up. He wanders over to Sawyer’s yard and digs up his plants. Sawyer warns Jocelyn that if she doesn’t tie her dog up, there will be consequences. Jocelyn ignores Sawyer’s warning, and doesn’t tie up the dog. Can Sawyer file a lawsuit against Jocelyn for trespass? Central District of California Contract and Law Discussion

Group of answer choicesYes, because the dog, which is under Jocelyn’s control, entered Sawyer’s property and caused damage

No, because Jocelyn’s dog doesn’t know any better

No, because Sawyer can’t prove the dog is what caused the damage

No, Sawyer must sue the dog

Flag this QuestionQuestion 20.8 pts

Which of the following best describes intentional infliction of emotional distress?

Group of answer choicesAny unexcused and intentional act that causes another person to be apprehensive of immediate harm

An assault resulting in physical contact

An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another

The filing of a lawsuit without legitimate grounds and with malice or the use of a legal process in an improper manner

Flag this QuestionQuestion 30.8 pts

Which of the following best describes Compensatory Damages? Central District of California Contract and Law Discussion

Group of answer choicesCompensatory Damages are intended to punish the wrongdoer and deter others from similar wrongdoings.

Compensatory Damages are appropriate only when the defendant s conduct was particularly egregious or reprehensible.

Compensatory Damages are intended to compensate or reimburse a plaintiff for actual losses. Central District of California Contract and Law Discussion

Compensatory Damages are a privilege or immunity a person may have, that will not allow them to be liable for defamatory statements.

Flag this QuestionQuestion 40.8 pts

Two sororities challenge each other to a game of broomballthrough their school’s intramural sports program. During the game, Erin falls, breaks her leg, and sues the intramural sports program for negligence. What is the the program’s best defense against negligence? Central District of California Contract and Law Discussion

Group of answer choicesSuperseding Cause

Contributory Negligence

Assumption of Risk

Comparative Negligence

Flag this QuestionQuestion 50.8 pts

Landowners are required to provide reasonable care for tenants in which of the following areas?

Group of answer choicesBedrooms

Bathrooms

Kitchens

A shared laundry room

Central District of California Contract and Law Discussion

Sam broke into Joe’s house at nighttime and tried to steal Joe’s wallet and smart phone, but he got caught. Sam had the intent to commit a felony when he broke into the house. What crime did Sam commit?

Group of answer choicesLarceny

Robbery

Burglary

Arson

Flag this QuestionQuestion 20.8 pts

Generally, how often is voluntary intoxication a successful defense?

Group of answer choices”Always, intoxication invalidates any actions”

” Usually, if the judge is in a good mood”

Never.

” Rarely, unless it negates the key mens rea element of a crime”

Flag this QuestionQuestion 30.8 pts

Which of the following best describes an Indictment?

Group of answer choicesAn informal criminal complaint

A written document issued by the grand jury to charge a defendant with a crime

When the defendant is brought before the court and informed of the charges

When the prosecutor presents the evidence

Flag this QuestionQuestion 40.8 pts

What criminal defense is designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for criminal acts?

Group of answer choicesStatue of limitations

Entrapment

Plea bargaining

Miranda rule

Flag this QuestionQuestion 50.8 pts

Which of the following best describes the crime of robbery?

Group of answer choicesBreaking and entering the dwelling of another at night with the intent to commit a felony.

The taking of money, personal property, or any other article of value from a person by means of force and fear.

The willful and malicious burning of a building owned by another.

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

 

Which of the following is a mark or term that has nothing to do with the product?

Group of answer choicesStrong Mark

Arbitrary Mark

Suggestive Mark

Generic Term

Flag this QuestionQuestion 20.8 pts

What is the the duration of a patent?

Group of answer choicesUnlimited

70-Years

2 Months

20 Years

Flag this QuestionQuestion 30.8 pts

Which of the following is not eligible for a copyright?

Group of answer choicesNews

A movie

Piece of music

Choreography

Flag this QuestionQuestion 40.8 pts

Which of the following would not be considered a generic term if used to describe a personal computing device?

Group of answer choicesiPad

Computer

Screen

Laptop

Flag this QuestionQuestion 50.8 pts

What did the TRIPS agreement establish?

Group of answer choicesThe first ever protection of software programs

Standards for the international protection of intellectual property rights

The idea that peer-to-peer networking was great for the U.S. economy

The remedies for illegal spreading of trade secrets

Central District of California Contract and Law Discussion

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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