Reference no: EM133203685

Case: Kirk works as a biologist at the San Diego Zoo. Caring for the animals is his passion. Playing high-stakes poker is his pleasure. Lately, though, poker hasn't been much fun. Last night he lost $5,000 in an illegal poker game of five-card stud in the back room of a North Park pool hall. George, the gentleman running the poker game and to whom Kirk owes the money, gives him until the end of the month to pay up or expect a serious beating. Kirk considers taking the beating, but soon realizes he would still owe the money along with interest, plus he'd incur some medical bills. He comes up with a plan. He has an expense account at work that reimburses him for work-related travel expenses. He submits fake invoices for a business trip he never took to Austin, Texas. As expected, a check from the zoo for $5000 is directly deposited into his bank account. Deepak, the zoo's head accountant, is suspicious. He knows Austin, Texas, is one of the few U.S. cities without a zoo. He opens an investigation.

Question 1. Kirk withdraws the $5000 from his bank but before he can give it to George he gambles it away in another poker game. George hears of this so he brings a lawsuit against Kirk for breach of an express contract.

a)What are the elements of an express contract?

b) What would be Kirk's best defense to George's breach of contract lawsuit?

Question 2. Let's say for this question that Kirk is ready to leave town to avoid paying the debt. Kirk's next door neighbor, Robert, has always admired Kirk's iMac computer. Kirk tells Robert that he no longer needs the iMac so Robert can have it for free and that Kirk will drop it off the next morning. That same evening Kirk decides to stay in Austin, and tells Robert that he can no longer have the computer. Robert sues Kirk for breach of express contract.

a)What is Kirk's best defense to the breach of express contract lawsuit? Explain.

b)Let's say Robert had gone ahead and given away his own computer when he heard that Kirk was giving him his. Would that help or hurt Robert's case? Explain.

c)For this question only let's say that Kirk delivered the computer to Robert, but decided later that day to stay in Austin. Can Kirk get back his computer? Explain.

Question 3. Let's say Robert filed a lawsuit against Kirk for breach of implied contract concerning the promised iMac.
b)What are the elements of an implied contract?

c)Will Robert be successful? Apply facts to each element to make your case.

Question 4. Deepak's (the zoo's accountant) investigation is heating up. He calls Kirk to his office for questioning.`

a)Where in the U.S. Constitution is the guarantee that one accused of a crime has the right to "the assistance of Counsel"?

b) Is Kirk entitled by law to an attorney during his meeting with Deepak? Explain.

Question 5. Kirk becomes frustrated with Deepak's questioning. He gets up to leave in a hurry and bumps into Deepak. Deepak grabs Kirk around the neck and throws him onto the chair. Kirk breaks his wrist during this melee.
a)Kirk eventually files a civil lawsuit against Deepak to compensate for the injury. What legal issue will he raise?

b) What are the elements of that legal issue?

c)What burden will be placed on Kirk when proving his case to the court? d)How is this different from the burden in a criminal case?

Question 6. Criminal charges are filed against Kirk and he has been in jail for more than a month because he could not make bail. Kirk's neighbor, Martha, had no idea where Kirk had been, but she did notice that the award-winning roses he was growing in his backyard were beginning to die. Martha knew how important the roses were to Kirk, so she paid her gardener $500 to care for the roses until Kirk returned home.

Kirk finally returns home, and Martha hands him a bill for $500. He refuses to pay.

a) What form of contract should Martha claim Kirk breached in her lawsuit to collect the $500.

b) What are the elements of this form of contract?

Question 7. For the question right before this one, answer the following:
a) Play the role of Martha's attorney and apply the facts to each element of the contract she claims exists.

b)What is Kirk's best defense? Explain.

Question 8. Kirk is clearly having a hard time financially. In addition to this gambling debt, his only other debts are $90,000 in student loans, and a $350,000 legal judgement against him for injuries he caused while driving drunk.
a)Distinguish chapter 7 bankruptcy and chapter 13 bankruptcy.

b) Should he file for bankruptcy at all? Why or why not?

Question 9. KIrk ultimately is sentenced to seven years in jail. While in jail he invents a toothbrush that can be converted into a fountain pen with one quick turn.

a)Give a brief description of the three main types of intellectual property we discussed in the course videos. Include for each the elements that make up each form of intellectual property.

b) How long does protection last for each?

c) Which of the three forms of intellectual property will protect his rights in this invention?

Question 10. Let's go back to the criminal investigation into Kirk's behavior at the Zoo. Let's say the police went to Kirk's house when he was not home and searched his garage, without a warrant. In the garage they found Kirk's old phone. The phone led them to Kirk's former business partner. The former business partner turned over a series of texts that implicated Kirk in the crime. Kirk wants these texts kept from the jury.

a)Which legal doctrine discussed in class will help Kirk keep the texts away from the jury?

b)Which constitutional amendment guarantees an attorney for Kirk if he can't afford one?

c)Does the constitution guarantee an attorney for a defendant during pretrial negotiations? Explain.