Didier is hired by a company, Packages Plus Provincial (PPP)…

Didier is hired by a company, Packages Plus Provincial (PPP), to deliver packages. He sets his own hours, pays his own insurance, and handles all matters related to taxes for his work. Didier drives his own truck, which is used mainly for PPP’s deliveries.  Didier is paid for each delivered package, not at an hourly rate. To maximize his efficiency, Didier on his own invents a shrink ray so he can carry more packages. PPP hears about this invention and claims ownership of it because, PPP claims, Didier is PPP’s employee. Didier refuses to concede the ownership to PPP; and PPP seeks an injunction against Didier to, in effect, have the court declare that PPP owns the invention.  Which of the following is the most likely outcome and the strongest reason?

Jason owns a ranch in Apopka, Florida that borders a major r…

Jason owns a ranch in Apopka, Florida that borders a major road. A nine-year-old boy is riding his bicycle down the road on a hot day and sees a large holding pond on the edge of Jason’s property and decides to take a swim and cool down. Little does the boy know, Jason is a reptile lover and has stocked the pond with various alligators and crocodiles. The alligators and crocodiles quickly consume the boy. The boy’s parents find his bike near the pond and sue Jason for damages. How would a court likely decide this case?

Mikki has dominated the glass mug industry for decades. Ever…

Mikki has dominated the glass mug industry for decades. Everyone buys her type of specially designed mug invented in 1997 but which really started to become popular eight years ago. Three weeks after the sales started upward, Mikki applied for and received legal protection for the name that it coined for its specially designed mugs, the “Mikkeo.” Mikki even had an advertising campaign, with a catchy little tune, praising the virtues of the “Mikkeo.” By the time that campaign ended (about seven years ago), and continuing ever since, people have routinely used the word “Mikkeo” to describe all specially designed mugs, including those made by Mikki’s competitors. Yesterday, Mikki saw a television commercial in which Duvalier advertised his own “Mikkeo,” which Duvalier calls “the Mickero.” Duvalier repeatedly refers to his new mug as “the very best Mikkeo,” Mikki is furious that Duvalier is using Mikki’s term, the “Mikkeo,” to advertise Duvalier’s “Mickero.” Which of the following is most likely to occur?

Siegfried, quite literally, wrote the book on dealing with a…

Siegfried, quite literally, wrote the book on dealing with academic stress/overload. In his work titled Burnout: A Quick Fire, he details many of his experiences both attending and tutoring at the University of Florida, utilizing anecdotes to make suggestions on how to survive as a scholar. Doing battle for many years against some of the most rigid and time-consuming curriculums the school has to offer, his work has become iconic on campus, often seen just about everywhere in its well-known blue pages. Having recently retired from tutoring to focus on his own career, Siegfried was able to make time to submit a copyright for his book which was approved. Being the sole owner and distributor of his work, Siegfried has not licensed with any vendors to sell his book. However, his former employer (arguing that Siegfried had written some of the book on company time even though he had been reprimanded for neglecting his normal duties to do so) has seen fit to sell copies of Siegfried’s book that they produced from a singular copy they had purchased (and proceeded to mass reproduce using their industrial copy machines). Under which of the following elements of copyright would Siegfried’s former employer be permitted to do this given the current circumstances?

Lawyer Leonard has represented a client, Calpurnia, in the r…

Lawyer Leonard has represented a client, Calpurnia, in the recent past. Although Leonard has no professional experience with franchises and no business or legal education about franchises, Calpurnia has asked Leonard to advise her (Calpurnia) on entering into a franchise relationship with a franchisor.  Leonard warns Calpurnia that he has never handled any franchise cases, but Leonard states, truthfully, that he is, on his own time (at no charge for the client) building his knowledge base “up from basically zero” by spending many hours “reading up” on franchise law and practice. Calpurnia thus decides to pay Leonard a $4,000 retainer to represent her.  Soon thereafter, Leonard is overwhelmed by the terms used in the franchise disclosure documents, the franchise agreement, and the operations manual; but Leonard continues to represent Calpurnia. Due to the inadequate representation, Calpurnia is irreparably harmed: she suffers economic loss from entering into a “lemon” of a franchise deal (i.e., a bad deal). Which rule of the ethical code of conduct governing lawyers has Leonard most likely violated?