Q • Points 80 • Submitting a text entry box • Available after Feb 21 at 12am Assignment 2-1: Multiple Choice & Short Answer Total 60 points Submission Instructions • Read Chapters 6, 7,& 8 • Answers due by Sun. Feb. 27 Complete and upload this assignment. Multiple Choice Questions (3 points each for a total of 12points) 1. If a defendant is not informed of his or her Miranda rights, 1. the defendants are automatically released and the charges are dismissed. 2. the arresting officers’ testimony is limited at the time of trial. 3. the information provided by the defendant at the time of arrest will not be admissible at trial. 4. there is no effect on the criminal case. 2. __________ is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust. By contrast, _______ is the making of threats for the purpose of obtaining money or property. 1. Embezzlement; larceny 2. Larceny; bribery 3. Blackmail; embezzlement 4. Bribery; extortion 3. _________ consists of oral statements so inherently harmful that general damages are presumed. 1. Libel 2. Libel per se 3. Slander 4. Slander per se 4. Which of the following is not an essential element of negligence? 1. Duty 2. Breach of Duty 3. Intent to cause harm 4. Damages Short Answer Questions [48 points (8 points each)] Question 1. Jimmy Jackson is the owner of Jimmy Jack’s Subs, one of the few sub shops in Smallsville, Ohio, where there are no national chain sub stores. Jimmy calls Dan, his teenage delivery guy, on Dan’s cellphone as Dan is driving to get this big order to QVX Headquarters, a frequent Jimmy Jack customer. Jimmy shouts at Dan to drive “freaky fast” to get there in the promised 15-minute delivery time. Dan is 15 minutes away. As he hangs up the phone, Jimmy barks to Dan “Don’t Do Anything Crazy.” Dan, in a rush speeds up, and he strikes and severely injures Pedestrian Pete. Pete is a carpenter who was crossing the street to finish a home remodeling project where he was to be paid $5,000. Paul couldn’t finish the job, suffered $10,000 in out-of-pocket medical expenses (after insurance), and was off six weeks from work. Smallsville Police charge Dan with reckless vehicular assault. 1. If Dan is charged with a crime, what two elements does the prosecution have to prove to convict Dan? 2. From the facts listed above, what information would the prosecution use to prove the two elements? 3. Can the prosecution charge Jimmy Jack’s with a crime? If so, on what grounds? Question 2 After the accident, Pete’s parents sent their longtime family lawyer, Vinny, to go see Pete. Vinny asks Pete if he is interested in filing a personal injury lawsuit. Pete tells Vinny the city is already going to prosecute teenager Dan for reckless vehicular assault. 1. Pete asks Vinny – “So can I sue?” – What does Vinny say, and why? 2 Pete asks Vinny – “Who can I sue?” What does Vinny say, and why? Question 3 Pete shows Pam his records and police reports from the accident. Pam is a business law student. She tells Pete, “I’m not sure what Vinny the lawyer told you about whether you can sue or not. I do know that if you sue for negligence, you have to prove four things. And I think you can.” 1. What four things must Pete prove to sue to recover for causing his injuries? 2. From the facts in Question 1, what facts would Pete use to prove his case? 3. If he sued Jimmy Jack’s, the company where Dan works, would Jimmy Jack’s have any defenses? If so what? Question 4 Jimmy Jackson believes his business success comes from his own way of doing things. He has a jingle for Jimmy Jack’s that plays on local radio and internet ads says “Jimmy Jack’s – that’s the way, uh-huh, uh-hu, you like it!” A friend of Harry Wayne Casey’s sends Harry, better known as KC from KC and the Sunshine Band, a clip of the ad. KC sends a letter to Jimmy Jackson telling him to cease and desist from using the jingle because it infringes on his copyright. Jimmy writes back – “1. I made this jingle up myself. 2. You had a hit in the 70s, get over it! Not my problem that your old song sounds like my new jingle. 3. Even if the sound the same, I don’t have to do anything. This is fair use.” 1. If KC and Jimmy Jackson went to court on a fair use claims, what four things would a court weigh? 2. Based on facts on the facts above, would the court likely rule this is fair use? Why or why not? Question 5 While in the hospital recovering from his injuries, Pete believes he has invented a new way of attaching shingles to homes that is much faster and keeps the shingles in place under more severe weather than current methods. He tells Vinny the lawyer about it. Vinny says his cousin, Vincent, is a patent lawyer and would be happy to help Paul patent his invention. Pete calls Vincent and asks: 1 Paul asks, “What three benefits would I receive if I patented this invention?” What can Vincent tell him? 2. Pete asks, “I really don’t have any idea how I would actually make the product. I don’t know any manufacturers. So, what can I do really do with my patented idea?” What can Vincent tell him? Question 6 Melvin is an inmate at an Ohio prison. He has a job working from 8 a.m. to 5 p.m. at the prison’s water plant. Melvin is being transferred to another cell, at his request, after his shift ends. When he leaves his cell in the morning, Melvin gives Joe, an inmate in the cell next to him, 10 books, 1 pair of boots, and 5 CDs. When he returns that night and move to his new cell, he asks Joe for the items. Joe refuses to give them to Melvin. Melvin tells the guard on duty that Joe stole his items. Joe tells the guard the items were gifts from Melvin. 1. What three elements would Joe have to prove show the items were gifts? 2. Which of the three elements does Melvin believe has not been