JEOPARDY QUESTIONS - AGENCY Respect My Authorit-ee ROUND TWO 10 Points Larry the Lawyer is hired by Cleo the Client to defend her in a civil matter. Identify the Principal in this situation? Who is Cleo the Client? 20 Points Kyle hires Stan as his Agent to paint Kyle's house. Stan hires Eric to assist in the job. Eric is negligent using his shovel and accidentally kills Kenny, a neighbor: Identify the party or parties who will be liable for Eric’s negligent conduct in this Subagency: Eric the Agent only, Eric and Stan, the original agent, or Eric, Stan and Kyle, the principal. Who are all three? (Agent and Principal are both liable + the Subagent also because he committed the tort) 30 Points Stacy is agent for ABC, Inc., her principal. One day, Stacy goes out to lunch with a coworker. On their way to Claimjumpers, Stacy runs a red light and strikes Paul the Pedestrian. Identify who Paul can hold liable for his injuries: ONLY STACY, ONLY ABC, or BOTH? Only Stacy. 40 Points --- THE DAILY DOUBLE Snoop hires Nelly as his agent to purchase music equipment. Nelly negotiates a 10% discount from the supplier, but doesn’t tell Snoop about the discount. Nelly keeps the extra money for himself. Identify 2 duties of an agent that Nelly has breached: What is Duty of Loyalty, Care, Income, Disclosure, Accounting, etc.? 50 Points A Principal also owes duties to his or her Agent. Name two of those duties. What are Opportunity to Work, Reputation, Compensation, Indemnity or Cooperation? JEOPARDY QUESTIONS - CORPORATIONS Share and Share Alike ROUND TWO 10 Points Incorporation has its disadvantages, name two. What are double taxation, no pass thru losses, formalities, indirect management or expensive? 20 Points Yin and Yang form a closely held California corporation. Under California law, what is the maximum number of SH’s they can have? What is 35? 30 Points James incorporates the Giant Peach Company. Name two things James should avoid if he doesn't want to be personally liable to a creditor piercing the corporate veil. What are commingling, ignoring formalities, fraud, or undercapitalization? 40 Points Troy Corporation wishes to merge with Achilles Corporation. Helen, a minority shareholder, opposes the move and wishes to force the corporation to buy out her shares…name the shareholder right that will grant her her wish. What are dissenters or appraisal rights? 50 Points Paris H. Corporation wishes to combine its operations with Lindsay L. Corporation in such a manner that a new corporation will be formed called Loose & Lush Industries. Name this type of corporate combo – Merger, Consolidation or Acquisition? What is a Consolidation? PARTNERSHIPS/BUSINESS FORMS - ROUND TWO None of Your Business 10 Points Under the RUPA, name one of the grounds for Dissociation. What is withdrawal, death, bankruptcy or expulsion of a partner? 20 Points Name the Business Form: The 100 member firm of Dewey, Cheatum & Howe, CPA's, wish to limit their exposure to malpractice suits. What is an LLP? 30 Points Pink, Christina and L’il Kim set up a General Partnership. Pink invests $ 20,000, while Christina and Kim each invest $ 10,000. If the partnership generates $ 30,000 in profits, this is how much of those profits will Pink get. What is $ 10,000? 40 Points Justice League, Ltd., a Limited Partnership forms with Clark as GP, and Bruce and Diana as Limited Partners. If the company incurs debts, identify who will be personally responsible for those debts: Only Clark, only Bruce & Diana, all of them or none of them. Who is only Clark? 50 Point -- THE DAILY DOUBLE - Two Part Question Question One: Theo the Thief has stolen $ 10,000 from the general partnership he has with Mandy the Moron and Clancy the Clueless. When Mandy and Clancy find out, they vote to expel Theo from the partnership. Mandy and Clancy wish to continue the business, but Theo objects. True or False: the partnership must be dissolved. What is False? (It is a Dissociation) Question Two: Name at least two circumstances where the partnership WOULD have to be dissolved, even under the RUPA. What are Agreement, Illegality, Expired Term, Completed Purpose? JEOPARDY QUESTIONS - TORTS Hit Me With Your Best Shot ROUND TWO 10 Points Tyson flicks Ali in the ear. Ali is not hurt but sues for battery anyways. Name the type of damages the court is likely to award in this “no injury” case. What are Nominal Damages? 20 Points The noise from Ricky's La Vida Loca Rave parties were keeping the neighbors up all night. Finally, two of his neighbors sued for damages alleging an "unreasonable intrusion into the use and enjoyment of their property". Name this intentional tort. What is Nuisance? 30 Points The three defendants, Larry, Curly and Moe, were found negligent by the jury in the accidental death of Laurel. The jury found Larry 60% negligent, Curly 30% negligent and Moe 10% negligent, and awarded $ 1,000,000. Larry and Curly quickly filed for Bankruptcy and were discharged from the judgment. Under traditional tort theories, & before Proposition 51 in California, what amount will Moe be required to pay, based on his 10% liability? What is $ 1,000,000? 40 Points Tom was determined to ruin Mary's reputation by spreading vicious lies about her to her classmates. When Mary sued Tom for Slander, she wanted to avoid proving damages by establishing slander per se. For the court to conclude that Tom's verbal statements were per se slanderous, the statements he made about Mary must relate to four specific topics. Name two of these topics. What are Sex, Crimes, Business/Profession or Loathesome Disease? 50 Points Sometimes, the intent or carelessness of a Defendant need not be proven. The mere conduct of the Defendant makes him or her Strictly Liable in Tort. Three situations give rise to Strict Liability in tort. Name two of these categories of Strict Liability. What are Abnormally Dangerous Activity, Products Liability or Statutorily Created (like Workers Compensation)?