Performance Assessment Task 1

Directions
Answer the following essay questions. Your answers will be graded using the attached rubric. Use the rubric as a guide when answering the questions.

1.   Barbara operates Barb’s Fruits & Vegetables, a small market stocked entirely with produce grown on her adjacent farm. Under what clause of the Constitution can the federal government regulate Barb’s activities? What is Barb’s best argument against federal regulation of her farm and business?  What is her likelihood of success?

2.   Blizzard Entertainment, Inc., one of the owners of the World of Warcraft (WoW) computer game, is involved in a lawsuit with MDY Industries, LLC, the owner of Glider, a software program that plays WoW for its players while they are away from their keyboards. Blizzard asks the court to direct MDY to stop selling and distributing Glider. The court’s opinion in the case is at MDY Industries, LLC v. Blizzard Entertainment, Inc., 616 F.Supp.2d 958 (D.Ariz. 2009). What is the name for the remedy that Blizzard is seeking? What type of remedy is it? What court decided this case? Specifically where can the court’s opinion be found?

3.   Nordic Trucking Corporation files a suit in a state court against Bay Service Company (BSC), and wins. BSC appeals the court’s decision, asserting that the evidence presented at trial to support Nordic’s claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues BSC, the appellate court should reverse the trial court’s decision. Is the appellate court likely to reverse the trial court’s findings with respect to the facts? If not, why not? What are an appellate court’s options after reviewing a case?

4.   Bargain Mart, Inc., files a suit in a state court against Empire Computer Corporation, alleging that Empire breached a contract to sell 500 notebook computers to Bargain. During the course of the suit, Bargain files a motion for judgment on the pleadings, Empire files a motion for a directed verdict, and both parties file motions for summary judgment. When and for what purpose are each of these motions made?

5.   Accurate Engineering Corp. has a contract with Zip Mart Stores to provide customized software for Zip Mart’s inventory control system.  Good Markets, Inc., Zip Mart’s competitor, induces Steve, an Accurate subcontractor who is writing code for the Zip Mart software, to delay delivery of the code for one week. As a result, Accurate’s delivery of the software is delayed, and Zip Mart sustains $500,000 in lost profits. On what ground could Zip Mart recover damages from Good Markets?

6.   After two years of research and an investment of a substantial amount of money, Parker Products (PP) develops a new product that it hopes will produce substantial profits. PP learns that a competitor, Worldwide Sales, Inc., has made and begun to sell a nearly identical product. PP learns from a reliable source that Worldwide paid a Parker employee to obtain the plans for PP’s product when it was in development. What legal recourse does Parker Products have against Worldwide?

7.   Stephanie is the president of Organic Food Corporation, a wholesale grocery company. An inspection by Ted, a government agent, uncovers unsanitary conditions caused by Vivian, an Organic employee, in the Organic warehouse. Mike, an Organic vice president, assures Ted that the situation will be corrected, but nothing is done, which a later inspection reveals. Stephanie knows nothing about any of this. Can Organic be convicted of a crime in these circumstances? Can Stephanie be held personally liable?

8.   Kevin sees a DVD player on the porch of Kathy’s house, takes the player to his home, and tells everyone he owns it. Michelle, holding a knife, forces Nate to give her his boom box, and runs away with it. Ryan breaks into Nicki’s apartment, takes a computer, and leaves.  Which of these acts are crimes, and what are the differences among them? Explain in detail.

9.   Jason, owner of the Comfort Ride Taxi Company, was taken into custody and accused of over-billing Medicaid $12,000 for transportation never provided for clients. With what crime will Jason be charged?  What defense might he claim?

10.   Waukesha Life Insurance Corporation suffers a security breach in its computer network. Before the company discovers the breach, the perpetrator obtains corporate financial records and other confidential data, including marketing plans. Is this a crime? If so, what are its elements? What steps might Waukesha Life take to ensure that going forward only authorized users access the data on its computers? Whose efforts – those of the federal government or Waukesha Life – are most important in securing the company’s computer infrastructure and why?