case scenarios 5.02 - Whiteville City Schools

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Betty
was
in a booth
the safe
of a
Dani
worked
as aofserver
at deposit
Shift’sroom
Place,
Dollar
Savings
Bank
when
she Jake,
discovered
Yvette
gaveand
herbar.
nephew,
100 a $100
restaurant
Patrons
frequently
left
billshares
in an advertising
folder
that
the bank
had
stock
Stake
Oil
Co.
things
inofthe
barin
orGold
cloakroom.
Dani
was
placed
in sixteenth
the booth.
She turned
the money
over to
for
his
birthday.
She
handed
responsible
for closing
Shift’s.
Closing
therequired
bank. A her
yeartolater
after
money
had
not
clean
allthe
the
rooms
the
shares,
worth
about
$2,000,
toand
Jake
been
claimed
by
its the
truewindows
owner, Betty
asked
for it.
tables
and
lock
and
doors
right
after
Jake
successfully
blew
out
The
bank leaving.
refused. Betty
sued. she
Whodiscovered
prevails? a
before
In closing,
his candles. Two days later, Gold
full length fur coat in the cloakroom and one
Stake
discovered
a
large
oil
field.
The
diamond earring under a bar stool. The fur
value
of the
stock
increased
100the
times
coat had
a label
sewn
into it with
name,
to
$200,000.
As a result,
Yvette
address,
and phone
number
of Tonya.
demanded
Who is entitled
the return
to possession
of the shares.
of the fur
coat?Jake
The return
earring?
Shift’s, or
Must
theDani,
stock?
Tonya?
Foskett
owned
a
piece
of
property
Roberts had an above-ground
upon which
sat
a mobile
home.
swimming
pool
installed
on his
land. It
Commercial
Credit attached
Corporation
had a
was
notadmire
permanently
to the
When
you
your friend’s
portable
CD player,
realty
and
could
be property.
easily
mortgage
on “I’ve
the
When
your
friend
replies,
got another one
just like it
that
disassembled
you can have.
I’ll give
moved
it to you
to his
another
at school
Foskett
filed and
bankruptcy,
trustee in
tomorrow.”
Two
days
later, you
learn that
your
location.
Then
Roberts
received
a
bankruptcy claimed the mobile real
home
friend
gavetax
theassessment
player to someone
else.
Was the
estate
bill
with
an
as personal
property, while Credit
player
a gift to you?
increased assessed value because of
Corp. claimed it was real property and
the pool. Roberts sued for a deduction,
part of what
was
mortgaged.
Is the
claiming
that the
pool
was personal
property Will
realhe
orprevail?
personal property?
property.
Explain.
Basic Books, Inc. includes all major New
Bonnie
wrote a poem
that was
York publishers
who allege
thatrecited
Kinko’s
infringed
upon
theirAcopyrights
when
in
the school
play.
writer in the
Kinko’s photocopied
excerpts
from
books
audience
copied
down
the
poem
and
David
is writing
a book
great Basic
British
whose
rights are
heldabout
by Basic.
published
it
under
his
name.
Can
Books attests
that
did several
this without
authors.
He plans
to Kinko’s
quote from
of
Bonnie
reclaimplays.
her
your to
their permission
andpoem?
without
the payment
Shakespeare’s
WouldExplain
David
need
of
fees
and
then
sold
the
copies
for
a
profit.
answer.
obtain
permission
or
pay
a
fee
to
use
those
Kinko’s admitted that it photocopied the
quotations?
Why
or why
excerpts, put
them
into not?
course packets,
and sold them to college students.
Kinko’s claimed that it did so under the
fair use exception to the Copyright Act. Is
Kinko’s photocopying protected by the
law? Explain.
1.
2.
3.
4.
5.
Tommy Hilfiger, a noted designer traveled
to New York City to attend a designer
show. During break, he strolled down 42nd
Can the vendor legally sell the imposters stating that they are
Street and observed a vender selling
genuine?
How
long does Girl”
a trademark
last?
“Tommy
sweaters.
The vendor’s
What do you think Mr. Hilfiger’s lawyer will advise?
Do
sign
you think
read:
it is fair
“the
for thesweaters
manufacturersare
to sellgenuine
imposters? and
Can you tell the difference between a real Tommy product and a
cost
$10.00 per sweater.” Mr. Hilfiger
fake
one?
purchased one. He called his lawyer
immediately to say that the sweaters were
imposters.
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