SHORT ANSWERS:
- Under what circumstances will a federal court assert diversity jurisdiction?
- How does a case reach the United States Supreme Court?
- Describe the Common Law system. What its most important characteristics?
- What is legislative history? How is it used?
- Discuss the two types of challenges available in selecting a petit jury.
- What is due process? What are the elements of due process? Under what circumstances is due process implicated?
- Explain the concept of “state action.” What is section 1983? What does the phrase “acting under color of law” mean?
- What is the Commerce Clause? What are the three traditional areas of regulation under the Commerce Clause?
- What is the importance today of Lopez and Morrison to the discussion of the commerce clause?
- Explain the “Blue Pencil” rule with regards to a covenant not to compete.
- What is the “corporate veil” doctrine? What is the effect of piercing the corporate veil? Cite several ways in which the corporate veil may be pierced.
- How does a not-for-profit corporation differ from a regular “C” corporation in at least three ways?
- Explain the concept of “joint and several liability” in the context of a partnership.
- Explain the concept of “respondeat superior.”
- Explain the use of a summary judgment; directed verdict; JNOV
ESSAY:
1. Let’s suppose that you are a “hot-shot” young attorney! You get a call at 2:30 AM on Monday from Bubby Golonka, Dean of the College of Animal Husbandry of Cheaton Hall University, who informs you that he has just been “let go.” Dean Golonka has two or three specific questions:
1. Can they “do this to me?”
2. Can I do anything about it?
3. What can I expect to “get out of this deal?”
Construct a nice “memorandum” to your senior partner outlining your preliminary response to the issues raised in these three questions.
Your senior partner has not asked you to discuss any underlying rules or laws.
Rather, she has only asked you to RAISE QUESTIONS that will need to be considered……
Please list all questions you can come up with…. (I have come up with five or six)…
2. Freddy Glotz is claiming that the owner of the store where he works has terminated him because he wore a “TRUMP 2024” hat to the work room. Freddy says that the owner is “violating my constitutional rights” by firing him. Not considering whether there may or may not be employment law issues, does Freddy have a constitutional argument? Why or why not???
Write a nice, concise, legal memo answering this question, citing any relevant cases or precedents.
3. Heller sold Teston a TV repair business. The contract contained a clause that prohibited Heller from opening up a similar business within a ten-mile radius of his current location for a period of ten years. What is this clause called? What is the general view of courts concerning these types of clauses? Is this clause enforceable? Why or why not? What standards?
4. Explain the burden and quantum of proof in a civil and criminal case.
5. Construct a fact pattern (example) demonstrating the creation of an “implied in fact” contract.
