Describe “federalism” as it was apparently intended by the drafters of the US Constitution. 2. How are disputes resolved in the American legal system? 3. Identify and discuss three important ways in which the Uniform Commercial Code differs from the common law principles of contract law. 4. How does the common law differ from civil law? 5. What is the difference between an agent and an independent contractor, and why is it important? Sec. II – LONG ESSAY QUESTIONS 1. (TWO PAGES While browsing through the booths of a country flea market, Bob Byers discovered a talentless painting in a frame that was too ugly to be believed. He decided it would make a great gag gift for a former fraternity brother whose birthday was coming up and purchased it for four dollars. At the birthday party, and after quite a few adult beverages, Bob presented the hideous find to the birthday celebrant, accompanied by an impolite diatribe, intending to be humorous but succeeding only in impugning the artistic sensibilities of the now incensed recipient. In a fit of alcohol-induced rage, Bob’s friend shoved the unbelievably ugly item into Bob’s hands shouting “Take this back! I hate it!” Startled by the unexpected reaction, Bob dropped the picture causing the frame to be smashed on the floor and revealing that tucked inside it was a document of great age that the original owner had secreted there for protection way back in the summer of 1776. The document turned out to be an original first printing of the Declaration of Independence and was sold at auction a few years later for $8.1 million. (Based on real life! See https://www.nytimes.com/1991/04/03/arts/declaration-of-independence- found-in-a-4-picture-frame.html) 1) As between Bob and the birthday boy, who gets the $8.1 million? Why? 2) Does the flea market vendor have any claim – after all, neither she nor Bob knew of the Declaration copy hidden inside the picture, so neither of them could have agreed to its sale for only $4, or does that matter? 3) Discuss, IN DETAIL, the ethical implications of this set of circumstances. Include a full analysis (with explanations and justifications, not just conclusions) of the three main parties – the flea market vendor, Bob and Bob’s frat brother. 2. Larry selected a two-by-four from a stack at the Stix & Brix home improvement store and balanced it on his shoulder. As he turned around to head for the checkout, one end of the two-by-four, without making any contact whatsoever, passed over the head of Moe, who was looking the other way and did not know what had happened. In the meantime, however, the other end of the two-by-four struck Curly in the face, injuring him. Larry dropped the board, but Curly picked it up and swung it at Larry, who ducked. The swinging two-by-four then knocked over a stack of paint cans which fell on Moe, causing him an injury as well. In the process, a hundred dollars’ worth of paint spilled on the floor which later cost Stix & Brix six hundred dollars to clean up. What result for Larry? Why? What result for Curly? Why? What result for Moe? Why? Who, if anyone, is liable to Stix & Brix, and for how much? Why?
