2014
http://www.calbar.ca.gov/Portals/0/documents/admissions/fyx/October2014FYLSX_SelectedAnswers_R.pdf
June 2014 Question 1 [Criminal Law]
Arthur and Cassie worked at an art gallery. They wanted to make some extra money by selling art from the gallery on eBay. They intended to share the proceeds with the owner of the gallery, but did not tell him about it because Arthur and Cassie did not think the owner would approve.
The building in which the gallery was located was undergoing earthquake renovations, which resulted in the building being open through the roof to the building next door.
Arthur approached Woody, an employee of the building contractor, and offered him $500 to take a wrapped package from the gallery and stash it in the building next door so that Arthur and Cassie could pick it up later.
Arthur gave the wrapped package and $500 to Woody after the gallery had closed for the evening. Woody took the package up to the roof and, as he was crossing into the next building, he fell through the gap and tumbled three stories, landed on the package and was killed. The art in the wrapped package was destroyed.
Cassie was waiting outside the building to get the package from Woody. When Woody did not arrive with the package, Cassie went back into the gallery, took several more paintings and took them home.
Woody’s body was found by a construction worker. Arthur and Cassie were arrested.
1. What criminal offense or offenses, if any, can be reasonably argued were committed by Arthur? Discuss.
2. What criminal offense or offenses, if any, can be reasonably argued were committed by Cassie? Discuss.
3. What defenses, if any, can each of them raise? Discuss.
June 2014 Question 2 [Contracts]
Betsy owns a business in South City. Her friend, Walter, lived in Northville, some distance away. Over the years, Betsy had often suggested to Walter that he move to South City and work for her. A short time ago, Walter decided to follow Betsy’s suggestion. He called Betsy and asked if she was still interested in hiring him. Betsy replied, “Of course. Get down here as soon as possible and we can see where you would fit in.” Walter agreed and told her that he would give notice at his current job and would be in South City by the end of the month.
Walter gave notice at work and shipped his furniture to South City at a cost of $5,000 and bought a one-way plane ticket for $250.
When Walter called Betsy upon his arrival in South City, she told him that she had just lost a major customer and had to impose rigorous cost-cutting. She therefore could no longer employ him.
Walter tried for two months to find another job in South City but nothing was available.
Walter’s previous employer was willing to rehire him, so he moved back to Northville, paying another $5,000 for movers and $250 for airfare.
1. What claim or claims, if any, does Walter have against Betsy? Discuss.
2. What damages, if any, should Walter be awarded? Discuss.
June 2014 Question 3 [Torts]
Tommy is fourteen years old. Tommy plays golf every day at his local golf course, using a golf cart. Although children are generally not allowed to rent carts at the course, Tommy has a special relationship with the owners of the course, who consider him to be of unusual maturity. He is generally allowed to use the golf carts as long as they are available.
One day, while driving a cart from the first to the second hole of the golf course, Tommy failed to watch where he was going and ran into Dana just as she was swinging her golf club. Because of the accident, Dana’s shot left the golf course, and the ball fell into an air intake at nearby Power Plant, causing it to cease operations. Power Plant had failed to attach the required screen on the air intake when it opened the plant.
Perry lives ten miles from the golf course. He relies on a constant supply of oxygen in order to stay alive. When Power Plant shut down, Perry’s equipment stopped supplying the needed oxygen, and he suffered brain damage.
What possible tort causes of action does Perry have against Tommy? Discuss.
June 2014 Question 4 [Torts]
Abe was the head coach of the fifth-grade girls’ basketball team at Elementary School. Bob, the assistant coach, blamed Abe for the team’s poor performance. Seeking to have Abe fired, Bob accused Abe after a game of stealing money from the team fund. Bob made the accusation while standing in a crowd of students and parents. Bob knew the accusation to be untrue.
In retaliation, Abe threw a basketball at Bob, who ducked to avoid being hit. The basketball missed Bob but struck Carl, a parent, in the face. Abe then went up to Bob and told him, “You’d better watch your back,” which subsequently caused Bob to have nightmares.
Abe was thereafter fired from his position as head coach, based on Bob’s accusation that Abe had stolen money from the team, and he was unable to obtain a job in his chosen profession.
1. Under what theories, if any, and against whom, might Abe sue for damages? Discuss.
2. Under what theories, if any, and against whom, might Bob sue for damages? Discuss.
3. Under what theories, if any, and against whom, might Carl sue for damages? Discuss.
October 2014 QUESTION 1
Zena placed an advertisement in a local newspaper: “Wanted: Someone to clean my four-bedroom, four-bath house (2500 square feet) once a week for the next month; pay $35 per hour. No interview or references necessary. The first to apply will be accepted.” She included her phone number. Carl called her the next day and said, “I accept on the terms you have offered.” Zena said, “You should know there was a mistake in the advertisement. The pay will be the same, but my house is actually 3000 square feet.” Carl said, “Let me think a moment.” Zena replied, “I have a call on another line, and I’ll call you right back.” When she called Carl two minutes later, Carl said, “I agree to clean for you on the terms you described. An extra 500 square feet does not matter to me.” Zena told Carl, “I’m sorry, but I’ve changed my mind and I think I’ll do my own cleaning.” Carl sues Zena for breach of contract.
Is Zena liable to Carl? Discuss.
October 2014 QUESTION 2
Homer and Wanda are husband and wife. The furnace in their home stopped working. Wanda wanted to call a licensed repair person, but Homer insisted on attempting to fix it himself, despite having no knowledge of how the furnace worked. After working on the furnace for some time, Homer informed Wanda that he had fixed it. Wanda and Homer then went out to dinner. When they arrived home, they found that it had been destroyed by fire. They were informed by a firefighter at the scene that the fire appeared to have originated in the furnace. When Wanda started yelling at Homer for “burning the house down,” Homer slapped her to calm her down. Wanda sued Homer for negligence and battery. At a jury trial, she presented evidence proving the facts stated above. At the close of evidence, Homer moved for a directed verdict on the following grounds:
1. Spouses cannot sue each other in tort;
2. Wanda failed to present sufficient evidence to support a finding that Homer was negligent; and
3. Homer is not subject to liability for slapping Wanda because his intent was to calm her down, not to cause her any harm. How is the judge likely to rule on Homer’s motion for directed verdict? Discuss.
October 2014 QUESTION 3
Steve and Frank became acquainted at a correctional facility for mentally ill violent offenders. Steve was an inmate who had to take antipsychotic medication to prevent paranoia. Frank was employed as a kitchen helper. Once they discovered that they both wanted to be actors, they hatched a scheme to kidnap a famous actor, Art, upon Steve’s release from the facility, and to show him their acting skills. They believed that, once Art saw how talented they were, he would help them get acting jobs. They would then release him. When Steve was released, he stopped taking his antipsychotic medication. As a result, he went in and out of paranoia. On bad days, he developed a belief that Frank had supernatural powers and that he had to do what Frank said or Frank would kill him. While Frank knew Steve was mentally ill, he was not aware of the severity of his illness. Steve and Frank located Art’s house, kidnapped him and took him to a remote location. During the kidnapping, Steve believed that Art was going with them willingly to assist them in their acting careers. After they arrived at the location, and while Frank was out, Steve beat Art and took his wallet. In a panic, Steve stole a car and drove away at a high rate of speed. A police officer followed Steve and tried to stop him. Steve, believing the kidnapping, battery, and robbery had been discovered, attempted to escape by driving greatly in excess of the speed limit. During the high speed chase, the officer’s car spun out of control and he died in the accident.
1. What charges, if any, can reasonably be brought against Frank for the beating of Art and the taking of his wallet? Discuss.
2. What charges, if any, can reasonably be brought against Frank for the death of the police officer? Discuss.
3. What defenses, if any, can Steve reasonably raise against a charge of kidnapping Art? Discuss.
October 2014 QUESTION 4
Doug, a developer, and Bill, a builder, entered into a contract. Under the contract, Bill was to build a building for Doug for $100,000, and was to receive a $10,000 “on-time bonus” if he were to complete construction by a specified date. Bill, in turn, entered into a contract with Ellen, an electrical contractor. Under this contract, Ellen was to do the electrical work for the building for $15,000. At the time she entered into the contract, Ellen was not aware of Bill’s on-time bonus, but learned about it before she was to begin the job. In the midst of the job, after receiving $3,000 in progress payments, Ellen decided she could not profitably do the electrical work for $15,000 and quit. Bill looked diligently for an electrical contractor to complete the work at the lowest cost. The only electrical contractor Bill could locate was Roger. Roger demanded $20,000 to complete the work. Bill agreed and paid Roger $20,000 upon completion. In spite of Bill’s best efforts, and solely because Ellen had quit the job, Bill completed construction late and, as a result, did not receive the on-time bonus.
1. Is Ellen liable to Doug for any damages Doug may have incurred as a result of the late completion of the construction? Discuss.
2. Is Ellen liable to Bill for:
a. The loss of the on-time bonus? Discuss.
b. For any other damages? Discuss.