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QUESTION
NO. 1:

FACTS:

Jerry
Maguire is an at-will employee of Sports Management, Inc. (“SMI”) and
represents 100 of the 1500 clients the agency has.  Mr. Maguire authors a publishing that he
believes is a “mission statement” but is considered a “memorandum” suggesting
that the business needs to be “smaller, fewer clients, less money, more
personal attention.”  Mr. Maguire is
terminated seven days after presenting the writings to the entire agency.  In the seven days before Mr. Maguire was
terminated, Bob Sugar contacted all of Mr. Maguire’s 100 clients to have the
clients terminate Mr. Maguire as their agent and/or representative and sign
with SMI.  On the date that Mr. Maguire
was terminated by SMI, he learned that Mr. Sugar had been in contact with his
clients and when he spoke to each client, 98 of them informed Mr. Maguire that
they would stay with SMI, 1 (Frank Cushman) was unavailable by phone, and 1,
Rod Tidwell, stated he would keep Mr. Maguire as his agent.  Mr. Maguire flies to Texas to Matt Cushman’s
house, i.e. Frank’s father, to meet in person to keep Frank Cushman as a
client.  When Mr. Maguire arrived, Matt
informed Mr. Maguire that they were keeping Mr. Maguire as Frank’s agent.  Matt informed Mr. Maguire that he “doesn’t do
contracts, but what you have is my word, and its more solid than oak.”  Frank Cushman is the top draft prospect
destined to be the top pick by either San Diego or Denver.  Matt wants Frank to play in Denver.  Mr. Maguire attends all the pre-draft events
as Frank’s agent and has begun negotiating with both San Diego and Denver.  Mr. Maguire takes an hour break to give
attention to Mr. Tidwell, who also attended the pre-draft events for
publicity.  During the hour break, Mr.
Sugar meets with Matt Cushman and informs him that Denver does not want to work
with Mr. Maguire.  Frank Cushman signs a
written contract with Mr. Sugar and SMI. 
Mr. Maguire learns of the written contract between Frank and Mr. Sugar
and is no longer the agent of Frank Cushman, who is drafted first overall the
next day.  You have been hired to
represent the legal interests of Mr. Maguire? 
What actions do you take on Mr. Maguire’s behalf?  (Note: Breach of Contract, Intentional
Interference with Contract have been discussed in class).


QUESTION
NO. 2:

FACTS:

You
are the owner and operator of a new electronics store in Baltimore City.  Your grand opening will be Thanksgiving for a
pre-Black Friday sale.  You are selling
brand new 70 inch Samsung televisions for $800.00 and the first 20 of those
televisions for $500.00.  Your doors will
open at 9pm on Thanksgiving.   You have 5 employees working at the store as
cashiers and your other 5 employees working that day in other capacities, 2 of
whom will open the doors at 9 pm.  At
approximately 8 pm, approximately 250 people are standing outside of your
store’s entrance.  At approximately 9 pm,
the doors open and people storm your store. 
During the storm of people into your store, 3 people are injured.  One person was injured when she fell and was
trampled.  The second person was in a
wheelchair and was injured when they fell from their chair and was
trampled.  The third person was one of
your employees that opened the door and he was trampled when as soon as he
opened the doors, the people that stormed the store trampled him.  All three persons file a lawsuit claiming
negligence and/or gross negligence for the injuries they sustained.  Who are they suing and what will the results
be?

QUESTION
NO. 3:

FACTS:

You
are the owner and operator of a restaurant that stays open 24 hours a day. On
Friday night, a group of teenage patrons entered your restaurant, dined and
were disorderly in their conduct towards other patrons.  Your employee, Shelly, the manager, kindly
asked the group of teenage patrons to leave. 
One teenager, Ashanti, responded with profanities to Shelly telling her
that she was not leaving and threatened to “kick her ass.”  Shelly, responded, “I wish you would,” at
which time, Ashanti physically attacked Shelly by punching her repeatedly.  Ashanti defended herself and got Shelly off
of her and then proceeded to strike Ashanti repeatedly causing Ashanti to fall
back and hit her head awkwardly on the ground, causing Ashanti to become
paralyzed from the waist down.  Ashanti
files a lawsuit against Shelly and your company.  What are the legal theories of the lawsuit
and what will be the result?

QUESTION
NO. 4 (10 points):

TRUE
OR FALSE
:

If
you file a lawsuit against someone for breach of contract and are successful at
trial, you are always guaranteed to have your attorney’s fees paid.

QUESTION
NO. 5 (10 points):

TRUE
OR FALSE
:

In
Maryland’s circuit court, during discovery, you can only make 30 requests for
production of documents.

QUESTION
NO. 6 (10 points):

TRUE
OR FALSE
:

In
a corporation, the Board of Directors is required to follow the Articles of
Incorporation.

QUESTION
NO. 7 (10 points):

TRUE
OR FALSE
:

The
State of Maryland is part of the U.S. Court of Appeals’ Fourth Circuit.

QUESTION
NO. 8 (10 points):

TRUE
OR FALSE
:

The
State of Maryland is part of the U.S. Court of Appeals’ Fourth Circuit.

QUESTION
NO. 9 (10 points):

TRUE
OR FALSE
:

Rescission
is the voiding of an offer before acceptance. 

QUESTION
NO. 10 (10 points):

TRUE
OR FALSE
:

The
purpose of discovery is to give the parties a chance to settle the case before
trial.

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