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An employee of the United States Department of Labor was instructed by his superior to solicit subscriptions to the Department’s bulletin on a door-to-door basis in the city in which he worked. While doing so, the employee was arrested for violation of a city ordinance that prohibited commercial solicitation of private residences.  What is the employee’s best defense?

When the defendant learned that his former wife, to whom he was paying $1,000 per month in alimony, was dating someone else, the defendant encouraged her to get married “for the sake of the children.” The former wife said that she would consider it, but she also expressed concern that her boyfriend might already be married. The defendant told his former wife that he would have an acquaintance run a computer check on the boyfriend that would reveal whether he was currently married. However, the defendant did not bother with the computer check; instead he called the boyfriend and offered him $5,000 if he would propose to the defendant’s former wife. The defendant then told his former wife that, according to official records, the boyfriend was single. The defendant’s former wife and the boyfriend went through a wedding ceremony shortly thereafter. The boyfriend, however, was already married to someone else, a fact that would have been disclosed by a routine check of official records.  If the defendant is charged with being an accessory to bigamy, a strict liability offense in the jurisdiction, should he be found guilty?

A utility company constructed a building costing approximately $2 million that encroached on a rancher’s property. The rancher is suing the company in federal district court to force the company to remove the office building. In the same action, the rancher is asking for $200,000 in damages incurred because of the trespass. The court has diversity of citizenship jurisdiction.  Is the company entitled to a jury trial?

A recent law school graduate was offered a job as an aide by a state legislator. The legislator told the graduate that before she could begin working, she had to take the following loyalty oath: “I swear to uphold our state and federal Constitutions; to show respect for the state and federal flags; and to oppose the overthrow of the government by violent, illegal, or unconstitutional means.” The graduate told the legislator that the oath is unconstitutional and refused to take the oath.  Is the graduate correct?

A buyer bought a home from a real estate developer for $700,000. The buyer paid $100,000 of the purchase price herself. The buyer’s employer provided $100,000 of the purchase price by giving the buyer a loan and taking a mortgage. The developer loaned $500,000 to the buyer to finance the remainder of the purchase price, and in return took a mortgage on the property. One week later, a bank obtained a judgment against the buyer for a delinquent credit card balance. The bank properly recorded its judgment as a lien against the property. Another month after that, the buyer incurred some extraordinary medical expenses, and asked the employer for another $100,000, which the employer provided and added onto the principal balance the buyer owed on the loan. Finally, six months later, the buyer asked the developer to change the terms of the loan, so that the buyer would have more time to pay. The developer and the buyer agreed that the buyer could have an additional five years to pay the balance of the loan in exchange for an increase in the principal of the loan. Shortly thereafter, the buyer lost his job and defaulted on all of his payments. The employer brought an action to foreclose its mortgage. All mortgages and liens were promptly and properly recorded.  Regarding the distribution of the proceeds of an eventual sheriff’s sale of the property, which of the following statements is true?

A vineyard and a wine distributor enter into a valid written agreement whereby the vineyard is to supply the wine distributor with all of the distributor’s requirements of wine for a period of five years. The agreement contains a clause prohibiting assignment of the contract. Nonetheless, a few months after the agreement is entered into, the vineyard assigned its rights under the contract to one of its creditors. The vineyard continued to supply the distributor with wine, and the distributor paid the creditor. After one year, the wine distributor decides that it wishes to purchase its wines from a different vineyard and notifies the vineyard that it is terminating its contract.  If the creditor of the vineyard sues the distributor, is it likely to prevail?

A corporation manufactured a patented automatic potato peeler. Subsequently, that corporation’s biggest rival manufactured a similar potato peeler. Both are corporations of the same state. The state has a unique statute authorizing quadruple damages for unfair business competition relating to potatoes; however, there is considerable debate whether the law is constitutional under the state constitution. The corporation holding the patent sued its rival in federal court, alleging that the rival corporation violated its patent and the unfair business law. Shortly after the pretrial meeting of the parties required under the Federal Rules, the two companies reached a settlement of the patent infringement claim.  May the court dismiss the remaining claim?

A landowner and her neighbor owned adjoining parcels of land. The landowner’s property was situated to the west of the neighbor’s property. A highway ran along the east of the neighbor’s property. Twelve years ago, the landowner asked the neighbor if it would be all right for the landowner to use an eight-foot strip along the northern part of the neighbor’s land to access the highway. The only other way for the landowner to get to the highway was to use a one-lane unpaved road that meandered through the woods for two miles. The neighbor agreed, and the landowner used the strip of land regularly to access the highway. The statutory period for adverse possession in this jurisdiction is 10 years. What is the landowner’s interest in the neighbor’s eight-foot strip of land?

A gang member threatened to kill the defendant unless he robbed a convenience store and gave the proceeds to the gang member. The gang member also demanded at gunpoint that the defendant kill the clerk to prevent identification. In abject fear of his life, the defendant did everything that the gang member requested.  If the defendant is arrested and charged with murder and robbery in a common law jurisdiction, what result?

A man and a woman met in a bar. While the two enjoyed a couple of drinks, the woman told the man that she greatly admired the diamond stickpin he had in his lapel. “Oh, this,” the man laughed. “It’s no diamond; it’s only a piece of glass.” The woman acknowledged his statement, but kept commenting on how nice it looked. After further conversation, the man orally agreed to sell the stickpin to her for $500. They agreed that in four days, the man would bring the stickpin to the same bar, and the woman would bring the $500 in cash. The woman wrote down her name and phone number on a napkin and asked the man to call her if there were any change in plans. The man duly appeared with the pin, but the woman failed to appear. The man filed suit against the woman for $500.  In an action by the man against the woman for breach of contract, which of the following would be the woman’s best defense?