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BUSINESS LAW – BUAD 381
FINAL EXAMINATION – OPEN BOOK
5 points each question.
QUESTION NO. 1:
True or False – An employer is responsible for any and all actions
taken by an employee within the scope of employment.
QUESTION NO. 2:
True or False – In the Circuit Court, the only way that a party may
obtain documents in discovery is by filing a request for production
of documents upon an opposing party.
QUESTION NO. 3:
True or False – In a contract, an integration clause is use to
preclude the admissibility of extrinsic evidence.
QUESTION NO. 4:
True or False – A civil defendant is sued to determine their guilt or
innocence.
QUESTION NO. 5:
True or False – Anybody can file a lawsuit and anybody can be
sued.
QUESTION NO. 6:
True or False – A motion for summary judgment can only be filed at
the close of discovery.
QUESTION NO. 7:
True or False – The purpose of discovery is that the parties do not
proceed to trial in a confused or muddled state of mind.
QUESTION NO. 8:
True or False – A Plaintiff’s burden of proof is clear and convincing
evidence standard and not a preponderance of the evidence
standard.
QUESTION NO. 9:
True or False – All appeals of final judgments in the Circuit Court
go directly to the Maryland Court of Appeals
QUESTION NO. 10:
True or False – If a civil case begins in a Maryland state court, it
can not end up in the United States Supreme Court.
QUESTION NO. 11:
True or False – A defendant is not allowed to seek damages from a
plaintiff.
QUESTION NO. 12:
True or False – A defendant has been properly served when they are
served with a copy of the Complaint.
QUESTION NO. 13:
True or False – A civil trial has 12 jurors that must make a
unanimous decision.
QUESTION NO. 14:
True or False – A plaintiff can only receive attorney’s fees in a
contract case when there is a clause in the contract.
QUESTION NO. 15:
True or False – A party is not liable for a contract breach unless the
breach is material.
BONUS QUESTIONS (25 points each):
QUESTION NO. 1:
FACTS:
Carl Lucas is an at-will employee at POP’s Barbershop, LLC. Pops
is the sole owner of the barbershop and employs Kay, J.B. and Wally.
Cordell Stokes is the owner of Uptown Distributors, LLC. During
their workday at POP’s, Kay, J.B. and Wally take the company van
to pick up distribution items (50 boxes) for POP’s from Uptown
Distributors, LLC. While picking up boxes for POP’s they also
intentionally take 50 boxes of merchandise that belonged to Manny
Martinez and accidentally took 50 boxes of merchandise from
another customer, Misty. You have been hired to represent the legal
interests of Cordell Stokes? What actions do you take on Mr. Stokes
behalf and against whom? What if you were hired to represent
POP’s? What actions would you take on his behalf and against
whom? What if you were hired to represent Misty? What actions
would you take on her behalf and against whom?
QUESTION NO. 2:
On Monday, February 1, after a seven-day snow storm compiling
up to 18 inches of snow, Tyson took his daughter, Tiana, age 7, to
her elementary school in Baltimore City. Because of the number
of days that it snowed, the only areas that were plowed were the
roads, parking lots and some, but not all sidewalks. As did most
parents that drove their children to school, Tyson parked in the
school parking lot and walked Tiana to the school building using
the sidewalk. While walking Tiana on the sidewalk, she ran away
from him to play in the snow pile near the door’s entrance where
other students were playing and building snowmen. Tyson
chased after Tiana and slipped and fell on black ice on the
sidewalk, fracturing his hip.
USE IRAC for this scenario.
QUESTION NO. 3:
On Saturday, August 20th, John and Jeff purchased a food truck
delivery truck for their recently started business from an auto
auction in Pennsylvania. The name of their business was AB’s
Food Delivery, Inc., which operates in Baltimore, Maryland. The
truck was an older model white truck with no markings on the
side; and because they just purchased the vehicle, they only had
temporary tags. While driving from Pennsylvania to Maryland,
it started to rain heavily and they were forced to the side of a
road near Hunt Valley, Maryland because the windshield wipers
on the van were inoperable. Thus, John and Jeff sat in the van
waiting for the rain to cease. About 30 minutes prior to John and
Jeff pulling over, an older white van that was reported stolen was
used in an armed robbery of a bank in Baltimore, Maryland.
There were 4 masked men involved in the robbery and during the
escape from the bank, the armed security guard was shot in the
head by the robbers. The white van was reported as last being
seen headed north towards Pennsylvania. A dispatch was sent
to all law enforcement officers. Officer Johnson received the
dispatch and he, as were all other officers, were on the lookout
for a white van with 4 masked men. While driving in the heavy
rain, Officer Johnson observed the white van that John and Jeff
were in pulled over on the side of the road. Officer Johnson
initially drove by the vehicle and attempted to look into the
vehicle and saw two people not wearing masks sitting in the front
two seats. Officer Johnson could see nothing else. Officer
Johnson circled back and pulled up about 50 feet behind the van.
John and Jeff did not see Officer Johnson pull up behind them.
In fact, both John and Jeff had fallen asleep in the van. Officer
Johnson called for back-up officers by stating “possible suspect
van” located; and then approached the van. When Officer
Johnson walked up to the passenger’s side of the window, he
tapped on the passenger’s side window with his gun drawn,
which startled John, who was seated in the passenger seat.
Officer Johnson instructed John to step out of the vehicle with
his hands up, which John did. Officer Johnson then instructed
conducted a pat-down of John for weapons and found nothing
but about $5000,00 in cash rolled up in John’s back pocket in a
rubber band. Officer Johnson then instructed Jeff to step across
the passenger’s side of the vehicle to exit on the passenger’s side
of the van. As Officer Johnson was instructing Jeff to exit,
Officer Arrington pulled up and observed Officer Johnson
instructing Jeff to exit. Officer Arrington pulled his weapon out
and approached the location where Jeff was exiting the van. As
Jeff was exiting the van, he tripped over a tool in the passenger
side and fell forward towards Officer Johnson. Officer Arrington
immediately shot Jeff five times in the chest. Jeff died instantly.
USE IRAC for this scenario.

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