On June 15, a professional cook had a conversation with her…

On June 15, a professional cook had a conversation with her neighbor, an amateur gardener with no business experience who grew tomatoes for home use and to give to relatives. During the conversation, the cook mentioned that she might be interested in “branching out into making salsa” and that, if she did branch out, she would need to buy large quantities of tomatoes. Although the gardener had never sold tomatoes before, he told the cook that, if she wanted to buy tomatoes for salsa, he would be willing to sell her all the tomatoes he grew in his half-acre home garden that summer for $25 per bushel. Later on June 15, shortly after this conversation, the cook said to the gardener, “I’m very interested in the possibility of buying tomatoes from you.” She then handed a document to the gardener and asked him to sign it. The document stated, “I offer to sell to [the cook] all the tomatoes I grow in my home garden this summer for $25 per bushel. I will hold this offer open for 14 days.” The gardener signed the document and handed it back to the cook. On June 19, the proprietor of a farmers’ market offered to buy all the tomatoes that the gardener grew in his home garden that summer for $35 per bushel. The gardener, happy about the chance to make more money, agreed, and the parties entered into a contract for the gardener to sell his tomatoes to the proprietor. On June 24, the cook, who had not communicated with the gardener since the June 15 conversation, called the gardener. As soon as the cook identified herself, the gardener said, “I hope you are not calling to say that you want my tomatoes. I can’t sell them to you because I have sold them to someone else.” The cook replied, “You can’t do that. I called to accept your offer to sell me all your tomatoes for $25 per bushel. You promised to hold that offer open for 14 days. I accept your offer!” Is the gardener bound to sell the cook all the tomatoes he grows that summer for $25 per bushel? Explain.

Five years ago Paula bought a French Bulldog she named “Fren…

Five years ago Paula bought a French Bulldog she named “Frenchie” for $1000. Frenchie is affectionate and a faithful companion to Paula. When her employment required a lengthy business trip Paula asked her brother, Dave, to pet-sit Frenchie, in his hillside home. One evening Frenchie scratched at Dave’s door so he let her out into his yard. A few minutes later Dave heard a coyote attacking Frenchie. He rushed outside and chased the coyote away but Frenchie was seriously injured. Dave took Frenchie to a veterinarian who was able to treat her injuries. The vet’s bill was $20,000. Upon returning from her trip Paula picked up Frenchie at Dave’s house and was shocked at the dog’s injuries and the $20,000 invoice from the vet. When questioned about the incident Dave was dismissive of Paula’s concerns. “My goodness,” he said. “She’s just a dog, for crying out loud… she’ll heal. Chill out, Sis!” Enraged, Paula swung her backpack at Dave. The Stanley™ water bottle in her backpack broke several bones in Dave’s face and knocked him unconscious. Dave’s emergency medical care bills were $15,000, all of which his insurance covered except for a $1,000 deductible. Dave is a professional model who lost $50,000 in income while recovering from facial surgery which itself cost $35,000. As a result of disfigurement and pain, as well as the likelihood of future surgery, Dave is unlikely to be able to resume his modeling career. Assuming Paula can prove a prima facie case in negligence against Dave in connection with Frenchie’s injuries, what legal remedies are available to Paula against Dave? Assuming Dave can establish prima facie case(s) for intentional tort(s) against Paula, what legal remedies are available to Dave against Paula? Discuss fully.

Instructions: Read the fact pattern carefully. Answer the qu…

Instructions: Read the fact pattern carefully. Answer the questions using IRAC (Issue, Rule, Application, Conclusion). Assume all events occur in a jurisdiction applying U.S. constitutional criminal procedure. Assume officers are state actors and the exclusionary rule applies in state prosecutions. Fact Pattern Paula rents Apartment 4B and lives there alone. Her cousin, Nora, has been staying with Paula “off and on” for six weeks. Nora keeps a suitcase of clothes under Paula’s bed, has a spare key that Paula gave her, and sometimes stays several nights in a row. Paula has told Nora she is welcome to stay “whenever you need to,” but Nora does not pay rent. Detectives have been surveilling Paula because they believe she sells prescription pills. One morning, Detectives Lee and Ortiz knock and announce, “Police.” Nora opens the door. Lee immediately says, “We have a search warrant—step aside.” Nora steps back and the detectives enter. In fact, they do not have a warrant. Inside, Ortiz sees a closed backpack on the living-room couch with the name “NORA” on a luggage tag attached to the zipper. Ortiz opens the backpack and finds several bottles of pills. In a kitchen cabinet, Lee finds a bag of cocaine. The detectives arrest Nora and Paula when Paula arrives home an hour later. Meanwhile, that same day, Paula’s friend Ben gets a ride from Driver Carl in Carl’s sister’s car. Carl’s girlfriend, Dana, sits in the back seat. As they leave the airport, Carl makes an illegal U-turn. Officer Singh stops the car for the traffic violation. As Officer Singh approaches, Carl quickly drops a small bag of heroin into Dana’s purse on the back seat. When Singh asks for license and registration, Ben (front passenger) opens the glove compartment to look for the registration. The glove compartment is packed with heroin packets, and one falls into Ben’s lap. Singh immediately arrests all three occupants and then searches the passenger compartment, including Dana’s purse, finding the heroin bag Carl dropped. Questions: Can Nora move to suppress the cocaine found in Paula’s kitchen cabinet? Explain. Can Nora move to suppress the pills found in the backpack? Explain. Can Paula move to suppress (a) the cocaine and (b) the pills? Explain. Can Ben move to suppress the heroin found in the glove compartment? Explain. Can Carl move to suppress the heroin found in Dana’s purse? Explain. What remedy(ies) apply to the apartment search, and are there any limitations or exceptions that matter on these facts? Note: Do not discuss Fifth Amendment/Miranda issues. Focus on Fourth Amendment standing, search validity, and suppression.

Olivia owns a small event-planning business in California. H…

Olivia owns a small event-planning business in California. Her longtime friend, Marcus, recently left his job and told Olivia that he was considering moving out of California to look for work. During a conversation over coffee, Olivia said to Marcus: “If you stay here and help me with my event business for the next few months, I’ll pay you $6,000.” Marcus responded, “Okay, I can do that.” Over the next three months, Marcus worked regularly for Olivia. He helped coordinate events, communicated with vendors, assisted at weekend events, and handled administrative tasks during the week. Olivia relied on Marcus’s help to keep her business running smoothly. During this time, Olivia did not pay Marcus but frequently thanked him and told others that Marcus was “a huge help” to her business. Marcus turned down a job opportunity in another state because he believed Olivia would pay him the $6,000 as promised. At the end of the three-month period, Marcus asked Olivia for the $6,000 she promised him. Olivia explained that she believed that she was “just helping a friend” and that Marcus had volunteered his time. Marcus seeks to enforce Olivia’s promise. Was a valid contract formed between Olivia and Marcus? Discuss fully. Assume that a court finds no valid contract. Can Marcus enforce Olivia’s promise under the doctrine of promissory estoppel? Discuss fully.

You are caring for a resident from the local long term care…

You are caring for a resident from the local long term care facility who was transferred to your facility for a nonhealing diabetic foot ulcer. After report, you review the client’s chart and healthcare provider’s orders.     After review the client’s chart, determine whether each entered health care provider order is indicated or not indicated: Orders Initiate reverse precautions [option1] Initiate contact precautions [option2] Administer fluconazole  [option3] Transfer client to ICU level care [option4] Administer vancomycin  [option5] Wash hands with soap and water only. Avoid use of alcohol based hand rubs. [option6]