BUA 321 LEGAL ENVIRONMENT
SPRING 2020 MR. THOMAS
EXAMINATION NO. 2
1. Jewish student misses an exam because the date of exam conflicted with a
Jewish holy day. When the student requested to make-up the exam, the
professor denied the student the opportunity to do so. The school
administration supports the position taken by the professor. The student then
approaches an attorney about being denied an opportunity to take the exam,
noting that the school is closed on Christian holidays such as Christmas and
Easter and thus no exams are given during those holidays. If the student sues
the school for unfair treatment, what constitutional argument does he make on
his behalf. (17 points)
2. Person claims over the Internet that a popular woman student is a thief. The
person also stalks the student around town leaving threatening messages on her
car and underneath her apartment door. When they come in contact with one
another, the person attempts to smack the student but misses. The student
decides to take civil action against the person. Name three intentional tort
actions she pursues against the person. (12 points)
3. A new neighbor is invited over to a home to meet others in the neighborhood.
During the gathering it is discovered that the new neighbor collects teacups. The
homeowner takes the neighbor to the basement to show off her old teacups in
hopes that the neighbor might buy some. The homeowner is unaware that the
door to the glass cabinet is broken and as she opens the cabinet door, the cabinet
falls over and injures the neighbor. Of course the neighbor sues. On what legal
basis is the homeowner not liable. (20 points)
4. An intruder unlawfully enters a person’s home and takes several guns and other
property items. He later uses one of the stolen guns to take a woman’s jewelry.
The intruder also gives a storeowner counterfeit money to purchase ammunition
for the guns. However, we know that CRIME DOES NOT PAY and the intruder
is arrested and charged with three crimes. List in order the three crimes
committed by the intruder. (18 points)
5. Name the constitutional amendment at issue in the following examples: (a) a
witness at grand jury hearing refuses to incriminate herself, (b) judge disallows
evidence of a gun he believes the police unlawfully seized, and (c) an attorney
agrees to work on an appeal to overturn a death penalty conviction of a criminal
defendant. (15 points)
6. Tell me whether the following is a patent, trade secret, mark, or a copyright:
(a) College uses a logo “Thorobreds” as a brand, (b) playwright has received
Government protection for his musical creation, and (c) manufacturer has
developed a hand lotion that adds radiance to the skin.(18 points)
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