Legal Case Final Exam

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ზედმეტი სიტყვები

1)anonymous, motion, quorum, resolution

2)allegation, accusation, tortfeasor, claim

3)public defendant, prosecutor, accountant, solicitor

4)mortgage, security, instalment loan, car loan

5)balance, loan, misdemeanor, mortgage

6) landlord, personal property, real property, tenant

7)appoint, dismiss, resign, retire

8)common law, precedent, ratio decidendi, statute

9) plaintiff, barrister, claimant, appellant

10) board meeting, motion hearing, first appearance, trial

11) Retire, Resign, Join, Expel

12) Branch, Manager, Statement, Tort

13) sleeping, shareholder, Equity, Salaried

15) MP, obiter dictum, Election, Parliament

16) Probable Cause, Jury, Reasonable Suspicion, Beyond a reasonable Doubt

18) compensation, damages, promise, remedy 

21) Judge, Jury, Prosecutor, Defense Counsel

23) assets, debts, intellectual property, personal property

24) Revoked, Rejected, Factor, Lapsed

25) Plaintiff Barrister, Claimant, Appellant

27) Retailer, Invoice, Supplier, Consumer

28) adjourn, battery, defamation, trespass

30) issued, Joint and several, Unlimited, Limited

32)public defender, prosecutor, accountant, solicitor ( accountant)

34) retire, false imprisonment, battery, nuisance (retire )

36) borrower, litigation, balance, account ( litigation )

37) accrue, arrears, default, motion, ( motion)

39) shadow, executive, creditor, non-executive (creditor)


41)barrister, claimant, defendant, respondent, ( barrister)

44) felony, tortfeasor, arraignment, arrest ( tortfeasor)

45. Act of Parliament, Precedent, Legislation, Statute

46. Vote, Merger, Poll, Show of hands

47. Barrister, Member, Partner, Shareholder

48. Donation, Deed, Contract under seal, Duress

49. Offer, Acceptance, Binding, Consideration

                                                               

წინადადებაში ჩასმა
1 He wants to pursue a breach of warranty claim against the manufacturer. The TV is-defective------; it never worked
properly
2 the company raised sufficient _capital____ from the sale of new shares to pay off all the company debt
3 In this contract, the inventor is the __licensor___ of her copyright
4 Your Honor, this statute was not __in effect____ at the time of the murder, this legislation was passed a month later
5 Partners are--liable----- for the partnership’s debts.
6 My client insists on an _Arbitration_____ clause in the contract she wants to avoid litigation
7 Cynthia and John are partners in a business. After consulting a lawyer, they filed the necessary paperwork to from a
_partnership agreement_____
8 A private limited company is a separate -legal entity-- ; it can own real property, open a bank account, or sue or be
sued in court.
9 My parents are my __creditors___ i owe them $1000
10 the board of directors discussed the motion and everyone agreed, The resolution passed unanimously______
11 with our building as security, the bank approved our _loan____
12 If we are not able to negotiate a solution, we will __sue__
13 Before investing in your company, i want to examine a list of the companies __credits/assets/expenses/profits____
and debts
14 jane is a barrister and specializes in _common law______
15 Before granting you a loan, the bank will want a list of all you existing __personal assets _
16 As part of the __liquidation___ process all of the company's equipment and machinery is being sold 

1. Under the terms of the contract,the employee has a  - right  -to use the company fitness center.

2. The contract provided that the parties would  -appoint--- a third party to resolve any disputes.
3. My grandfather's farm was the only -asset-- he owned. real property
4. At the --Arraignment--the defendant  will be  asked to enter a plea.
5. Jake cannot attend the shareholder meeting. so he signed a- warrant,---- giving Jane the authority to vote for
him. jane გამოდის proxy.
6. After negotiations for a settlement failed, my client has instructed me to --litigate---
7. Unless you can find new inventors soon, the company will have to begin ---liquidating--
8. Andre started a claim against Nancy in the trial court. Andre is the --claimant--

9. The company is the only --distributor--- of apple products in the city.


10. The company’s board of directors is considering a --merger----with Acme LLC.
11. The contract provided that the parties would --appoint---- a third party to resolve any disputes.
12. Although most criminal cases are settled by plea bargains, if a deal is not  reached  by a certain time  then the
judge will sent the case for --trial---
13. Julie and Jack, as partners in the partnership, each have -liability---for any mistakes the other might make.
14. Sheila started an online business from her house and never filed any paperwork; she is  a ------sole trader
15. Our client, Mr. Jones, is seeking $25,000 in  ---compensation-- from your client.
16. Our client denies the -accusation---;he did nothing wrong.
17. Last night, the board passed   a ---motion--- to appoint Gregory as the new company secretary.
18. At the Arraignment the defendant will be asked to enter a plea.

19.Mary Loaned Martha $150. Martha is the---debtor-   borrower-- ორივე ჯდება


20.Unlike mediation --arbitration--- is a binding on the parties to the dispute.
21. Under this contract, you have an --obligation---- to make monthly payments.
22. To find out what has been considered adequate consideration for the contract. I need to check the relevant  ---
precedent---------  to see what judges have said about it in the past.
23. The prosecutor will---charge - our client committed premeditated murder.
24. The accountant reported bad news: --income taxes------ are expected to increase over the next year.
25. Georgia, Germany and France all have a ---civil----- legal system.
26. As part of the liquidation all of the company’s equipment and machinery is being sold.
27. Ashley loaned Maureen 10 euros for lunch yesterday. Ashley is Maureen’s creditor.
28. The aim of every commercial business is to make a profit
29.It is amazing  how fast penalties accrue when you miss payments is an installment loan.
30.Since this was the first landlord-tenant contract she had written, the lawyer had to draft it from scratch 
31.The business’s  ---annual-----  budget provided for a five percent increase in salaries over the previous year.
32.My  client insists on an --arbitration---- clause in the contract; she wants to avoid litigation.
33. Judge, this evidence was obtained pursuant to a valid warrant and is -admissible-------
34. After they lost the contracts with their three biggest customers, it became clear the company would soon become--
insolvent-----
35. The accountant reported bad news. -income taxes-----  are expected to increase over the next
36. After the lost the contracts with their three biggest customers, it became clear the company would soon become ---
insolvent---
37. The corporation is a --legal entity-------- ; It can also open a bank account and own real property.
38. Apple is traded on the stock market and is a ---retailer-------.
39.Whenever we receive an ---income tax----- we hand it to the accounting office, they will make sure it is paid on time.
40. Some of the most valuable assets of the company are its - intellectual property----------, especially its patents.
41. Every business has the same goal; to make a ---profit----
42.Unless you can find new investors soon, the company will have to begin -insolvency proceedings-----.
43. The opposing lawyer sent a letter, ordering my client to --terminate----  all contact with his wife.
44. Your client sold a new refrigerator that never worked properly; it was --defective-- .
45. The ---chief executive director---- are responsible for major or important decisions of the company.
46. My lawyer advised me to limit my personal liability; she said that joint and several liability was too---risky--.
47.If we are not able to negotiable a solution, we will ---claim------- 
48. After the goods clear customs, they will be stored in the distributor’s--warehouse--------
49. Our grandfather died without a ----will------, therefore the court will have to determine what will happen with his
estate.
50. Judge, it is getting late. I would like to make a motion to --adjourn---  for the day.
51. Our client, Mr. Jones, is seeking $25,000 in ---damages---- from your client.
52. Cynthia and John are partners in a business. After  consulting a lawyer, they filled the necessary paperwork to from a
--partnership agreement-----.

53. The position is for a night security guard; the working hours are --fixed ან non-negotiable---------.
54. When negotiating  a contract, each side has a duty of --cares---------.
55. My parents are my -creditors-------; I owe them $ 1.000
56. Partners are --liable----- for the partnership’s debts.
57. He wants to pursue a breach of warranty claim against the manufacturer. The TV is defective ; it never worked
properly.
58. A lawyer needs to keep confidential information secret.
59. Julie and Jack, as partners in the partnership, each have liability for any mistakes the other might make.
60. Russ said he would buy Beth’s car for $ 2.000. Russ is the offeror.
61. The defense attorney made a motion to exclude the audio recording.
62. The contract specifically limited the contractor’s right to infringed his duties and obligation to a subcontractor.
63.As part of the liquidation process, all of the company’s equipment and machinery is being sold.
64. Doug is being sued by Sarah. Doug is the defendant
65.The accountant was revising the company’s  budget  to reflect the recent increase in sales.
66. Your client is retained under the contract, my client is the author and retains their ownership rights.
67. In this contract, the inventor is the assignee  of her copyright.
68.After expenses increased dramatically and we lost our most profitable contract, it become clear the company was ---
insolvent----
69.The partnership did not do well last year. It suffered a  loss--- of $ 10.000

70.To start a claim in the trial court, you need to file a ---sue ან -claim -----
71 Dan and Maureen started an online business together and never filed any paperwork. They have a partnership
72. If the defendant cannot afford an attorney, they can request the --public defender ------
73. As part of the ---liquidation------- process, all of the company’s equipment and machinery is being sold
74.My neighbor bumped my car this morning. Luckily there was no victime
75. As a citizen, Sally has a right to vote in the upcoming election.
76.After your client missed five payments on a row, the bank considered the loan in --default------
77. The defendant was a ----manufacturer ------- who sold soda and juice to retailers throughout the city.
78. The plaintiff argues your client’s use of this logo is an --author------- of the plaintiff’s trademark.
79. Since the audio recording was obtained illegally, the judge ruled it was inadmissible  and would not consider it.
80. Joe promised to meet Sally for dinner. Sally is the promisee
81. Whenever we receive an income tax we hand it to the accounting office, they will make sure it is paid for time.
82.If we cannot increase our profit margin, next quarter the company will have a debts
83. Under this contract, you have an obligation to make monthly payments.
84. Public holidays are fixed and cannot be changed.
85. Tomorrow I will pay you back the money you lent me, I will not be your debtor for long.
86. The prosecutor  makes the formal decision to charge the defendant with the crime or not.
87.The shareholders will have to decide if they want to ---merger------ with Acme LLC or not.
88.The contract specifically limited the contractor’s right to transfer  his duties  and obligations to a subcontractor.
89. The police tip was  anonymous----------; They do not know who phoned it in.
90. The corporation’s first order of business was to appoint a chief executive officer.
91. This is a great opportunity ! Everyone is looking for an investment like this.
92. The shareholders of the company are the owners of the company. They can be individual people or the other
companies.
93. A company may become insolvent if expenses exceed revenue.
94. A member of the board of directors moved to adjourn the meeting until after lunch.
95. Some companies can be registered with only $ 1 of share Capital.
96. If a partnership owes money, creditors can demand repayment from any of the partners individually, because
partners have joint and several liability.
97. Limited liability means that if the partnership owes money to someone but cannot pay, a partner’s personal assets
are not a risk.
98. My client hired me to draw up a partnership agreement.
99. The corporation is a legal entity, it can bring an action in court, it can also open a bank accountant and own real
property.
100. The aim of every commercial business is to make a profit.
101.  It is illegal to evade income tax but it is legal to avoid it.
102. The partnership did not do well last year. It suffered a loss of $ 10.000
103. My clients hired me to register ( a business organization ) their new company.
104. The contract provided that the parties would appoint a third party to resolve any disputes.
105. While the company business was selling hamburgers, the company’s capital was mostly in real estate.
106. John is a director. He sits on the board and governs the company.
107. Since time was of the essence, it should have been listed as a key obligation.
108. Lawyers who do not use punctuation correctly, will quickly lose clients.
109. The rules of the company are fixed; it means they are non-negotiable.
110. There is a clause in my client’s employment contract that requires him to work on Sundays.
111. The contract signed in January is still in effect until the end of the year. 
112. My client’s company manufactures custom furniture.
113. The claimant was a retailer who sold electronic items.
114. Apple is traded on these talk market and is a retailer
115. To start a claim in the trial court you need to fail a sue 
116. my neighbour bumped my car this morning luckily there was no victime

117. Donald failed to make his mortgage payment last month and is now in arrears

1. The contract grants me the right to receive payment of $ 20.000 but also an obligation to provide 36
computers to the buyer.
2. Once a board of directors decides to adjourn it cannot conduct any more business until it reconvenes.
3. My client runs an incorporated business. It is registered with the government.
4. The owners of a partnership are sometimes called members.
5. Investment in a new start up company is almost always risky. 
6. At the board meeting, the directors discussed revising their conflict of interest policy.
7. At the monthly board meeting, the directors always reviewed the payroll for the past month.
8. I owe the Chatsworth bank $ 200, which means I am a debtor of the Chatsworth bank.
9.  After they lost the contracts with their three biggest customers, it became clear the company would
soon become insolvent.
10. Without a quorum, parliament can not pass a new law.
11. The extraordinary general meeting was convened to address the hostile takeover bid.
12. The directors called an emergency Board meeting to address the impact of new tariffs on company
exports.
13. One member of the board of directors through leasing property from the chief executive officer created a
conflict of interest.
14. The company accountant presented the budget to the board of directors.
15. The company secretary is responsible for the official documents of the company.
16. A joint venture is where two companies work together on a particular project for a limited period of time.
17. The board of directors always met at company headquarters.
18. Every June, the shareholders converge at the convention center for the annual general meeting.
19. The company attorney advised the director that employing his son as a company officer would create a
Conflict of interest.
20. Because a director knows so much about the company, each director must act in the best interests of
the company, not in their personal interests. They have a fiduciary duty to the company.
21. The company secretary is responsible to record the board meeting minutes.
22. The bank granted a secured loan to Acme, ltd.
23. Last night the board passed a resolution to appoint Gregory as the new company secretary.
24. The police tip was anonymous; they do not know who phoned it in.
25. If five board members agree, then we can convene a meeting.
26. When negotiating a contract, each side has a duty of good faith.
27. When my brother lost his job, he soon found himself arrears; he was unable to pay his mortgage the last
two months.
28. My car and my company’s trademark are both examples of personal property.
29. This statute has not been changed or amended; it is still valid.
30. Opposing counsel cited a case that was detrimental to my client’s argument. I need to distinguish that
case.
31. My client wants to hire you. However, they require a non-competition clause; they do not want you
working with the opposition when your contract is complete.
32. I argued that opposing counsel made a mistake with their brief and violated the procedurac rules; the
judge agreed and asked me for a suitable remedy.
33. Is there any evidence my client committed this murder?
34. My company just received an invoice from Elite Electronics, which lists all of the new computer
equipment that we bought last week and the amount of money that we must pay for this equipment.
35. In this contract, the only parties (of a contact) were a buyer and seller.
36. The judge ruled video was obtained lawfully and accordingly, could be received as admissible evidence.
37. Banks frequently require their customers to waive their right to sue and agree to arbitration.
38. Normally the board meeting takes place at 4pm; today’s meeting at 7 pm is an exception.

1.public holidays are fixed and cannot be changed.

2. the contract specifically limited the contractor's right to transfer his duties and obligations to a subcontractor

3. your honor, this statute was not valid at the time of the murder, this legislatin was passed a month later

4. Unlike mediation, arbitration is a binding on the parties to the dispute.

5 .your client sold a new refrigerator that never worked properly; it was defective

6. Georgia,Germany and France all have a common legal system

7. as part of the manufacture process, all of the company’s equipment and machinery is being sold

8. Doug is being sued by Sarah, doug is the defendant

9. When forming a new partnership, it is important to work out a details partnership agreement

10. The clause ??? are responsible for major or important decisions of the company

11. Every business has the same goal ; to make a profit

12. Partners are liable for the partnership’s debts.

13. After they lost the contracts with their three biggest customers, it became clear the  company would soon become
insolvent.

14. My lawyer advised me to limit my personal liability; She said that joint and several liability was too risky.
15. Our grandfather died without a will. Therefore the court will have to determine what will happen with his estate.

16. The corporation is a legal entity; it can bring an action in court,it can also open a bank account and own real property.

17. Mary loaned Martha 150$. Martha is the debtor.

18. After your client missed five payments in a row, the bank considered the loan in default.

19.Bill represents his clients in the old bailey and other courts in London. Bill is a barrister .

20. Since this was the first landlord-tenant contract she had written, the lawyer had to draft it from scratch.

21. Jackie specializes in oral advocacy; she is a solicitor.

22.Norah owns an apartment and rents it to Larry. Norah is the landlord

23.judge, it is getting late. i would like to make a motion to adjourn for the day

24.   Can you tell me the balance….. on my account ?


25. the accountant was revising the company’s …budget…….. to reflect the recent increase in sales 
26.  Sarah filed a lawsuit in the trial court. she is the plaintiff
27  judge, there is no evidence that my client committed this crime 
28. my clients hired me to register their new company
29. our client asked our law firm to draft a new contract
30. the company raised sufficient capital from the sale of new shares to pay off all the company debt
31.some of the most valuable assets of the company are its …intellectual property ? …., especially its patients
32.your client still has not paid for goods that  were delivered three month ago, he is in default
33.to find out way the income taxes were not paid on time, i had to talk to the accountant
34 england, canda, and irland all have a common  legal system
35 when forming a new partnership, it is important to work out a detailed…partnership agreement ..
36. the prosecutor makes the formal decision to charge the defendant with the crime or not
37. Your  honor, the murder weapon was obtained through an unlawful search; consequently, the evidence is an
inadmissable 
38.Gary told his lawyer to draft a new contract between his company and Acme, Ltd
39.before starting a business, it is important to find investors and raise sufficient capital
40. apple is traded on the stock market and is a retailer 
41. judge, it is getting late . I would like to make a motion to adjourn for the day. 

Peirson Vs Post
 1)who was the defendant in this case - In this case Pierson was the defendant
2)in which state does this case come from - Pierson v. Post is an early American legal case from the State of New
York
3)what is the legal issue in this case - The legal issue in the case is the degree of physical proximity or control.
 4)did the judge follow existing precedent - The judge chose legal treatises ranging from the Institutes of Justinian.
 5)what is the final judgment of this case? - The trial court was reversed so Pierson did not have to pay any damages.
 6)what is wild and noxious beast - A fox is a 'wild and noxious' beast
 7)who owns the land where the dispute occurred - the land where the dispute occurred was unpossessed.
 8)Explain one of the latin terms used by the Court - Hostis humani generis Latin for "enemy of mankind"

1.      Who was Livingston? Livingston was Justice who wrote the majority decision

2.      Who was the plaintiff? The plaintiff was Post

3.      What was the ruling of the trial court? The ruling of the trial court in favour of Post

4.      Which party  won in the trial court? Plaintiff won in the trial court

5.      Why was this case appealed? This case appealed beacuse Pierson did not agree trial court’s decision

6.      What was the amount of the damages awarded? There was no damages 

7.      Does this case set new precedent? This case set the precedent for property rights to possession over wild animals

8.      What was one of the reasons the court ruled the  way it did? The court held that merely chasing a wild animal
does not give a person any claim to possession over it.

Who was Tompkins? Tompkins was a Judge and wrote the majority opinion
Who was Pierson?    Pierson was a killer of fox and a defendant.
What was the defendant’s argument? Defendant argued that he had killed the fox in a neutral area and
therefore he owned the fox.
What was the plaintiff’s argument? The plaintiff’s argument is that the fox belongs to him, Because that he
spent time on energy and resources.
What were the legal grounds for the complaint? Post to show he had acquired a property interest in the fox to
succeed on his claim.

What was one of the cases that the judge cited in the decision?   It was from Justinian’s Institutes.
Who was one of the legal scholars that the judge cited in the decision? Bynkershoeck was cited.

What is the dissenting argument in this case? 

What was one of the reason the court ruled the  way it did?

The animal must be fully captured or killed to constitute possession in law.

What was the ruling of the trial court? the trial court Satisfied the plaintiff's claim
Which party won in the trial court? The plaintiff won the trial court 
Why was this case appealed? The issue put on the supreme court of judicature on New York was weather one could
obtain property rights of a wild animal by pursuit.
What was the amount of the damages awarded? There was no damaged awarded 
Does this case set new precedent? This case set the new precedent 
What was one of the reasons the court ruled the way it did? 
      Who was an author  of disendng? -Justice Livingston was the author dissent apinion.

   What is the name of the case -The name of the case is Pierson v. Post.
      Who is post? Post  is the Defendant in the Court of Appeals of New York

 What is the legal issue in this case? The issue in this case is whether Lodowick Post obtained possession of a wild
animal by chasing it.

 Did the judge follow existing precedent The judge didn’t follow existing precedent 

 What is the final judgement of this case? The final judgement was in favor of Pierson 
 What is a,,wild and noxious beast’’ wild and noxious beast is a fox 

 Who owns the land, where the dispute occurred? We don’t know exactly who owns the lend
 Explain one of the Latin terms used by the court.  Ratione soli is a Latin phrase meaning according to the soil or
by reason of the ownership of the soil
 In which state does this case come from?  The case comes from state of New York

1.      who was the judge in this case ? The judge was Tompkins.

2.      when was this case decided? The case was decided in 1805

3.      what is the legal issue in this case? The legal issue in this case is Post by the pursuit with his hounds
maner in his declaration acquired such a right to or property in the fox.

4.      didi the judge follow exsiting precedent? the judge didn’t follow existing precedent.

5.      what is the final judgment of this case ? The final judgement was in the favor of Pierson

6.      what is a ‘wild and noxious beast’ ? wild and noxious beast is a fox

7.      who owns the land, where the dispute occurred? The land is uninhibited, no one owns.

8.      explain one of te Latin terms used by the court. ‘Farea nature’- which means a wild animal. 

1.Who killed the fox ?  - Pierson  killed the fox.    

2.Who saw the fox first ?   - the fox saw first Post
3. Was this a just decision by the court?    Yes,  this decision was just by the court 

4.  Wich judge in your opinion gave a better argument  -  in my opinion,   Tomkins's argument was
better. 

5. Did the defendant win the appeal ?  - Defendant won the appeal 

6.  What is the dissentng  ?  -  the  dissenting argument in this case is the conclusion of Barbeyrac,
according to which property in wild animals may be acquired without bodily touch, provided that
the huntsman is within reach, or has a reasonable prospect of taking the animal, is the most
accurate and relevant in the given situation

7.        What is the name of the case? - The name of the case is Pierson v. Post.

     8.   What was one of the rules - One of the rules in this case was Justinian’s Institutes

9.           Does this case set new precedent?  This case set the precedent 

10. what was the amount of the damages awarded?- The trial court was reversed so Pierson did not have to
pay any damages.

11.what field of law is this case about? -property law.

12.why was this case appealed- 


 

Who was Livingston? -Livingston was judge who wrote dissent opinion. 

Who was the defendant? The defendant in this case was Pierson.

Who was the claimant in this case? The claimant in this case was Post.

Who appealed this case? This case was appealed by Pierson.

Who is the appellant in this case?  The appellant in this case is Pierson.

What field of law is this case about? This case is part of property law. (or something more good version
what u want) but exactly is PROPERTY LAW

Was this a just decision by the court?  The court  decided that the Post had acquired ownership of the
fox.

Which judge in your opinion have a better argument? პირადი აზრი

What did the court rule? One of the rules in this case was Justinian’s Institutes.

What was the ruling of the trial court? -Lodwick Post won in the trial court
The plaintiff won the trial court 

This case was appealed because the person killed the fox who was in an uninhabited area and no one had the
right to own it.

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