Using the book and class discussions, the objective for the student taking this is to use what was learned during class and from the reading assignments, to answer each question following the IRAC format. Additionally, the student taking this exam is expected to answer each question it its entirety, i.e. provide an answer that demonstrates that the student knows how to fully complete the legal process from beginning to end. The applicable rule(s) for each question/scenario is in the book and/or was discussed in class. Each written question is worth 50 points (5 points for IRAC, 10 points for Rule Identification, 20 points for analysis, 5 points for conclusion, and 10 points for fully demonstrating the complete legal process in the answer).
QUESTION NO. 1:
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.