Assignment 1)
1) How does an assignment differ from a delegation
2) Give two examples of students being third party beneficiaries. Draft the clauses.
3) What factors would influence a third party beneficiary to sue the promisee rather than the promisor? Give examples.
4) How can you distinguish between a third party beneficiary and an incidental beneficiary?
Assignment 2 )
Rebekah lives in a single-family subdivision. The subdivision has restrictive covenants that prohibit the operation of a business in the subdivision. Rebekah sells inflatable lawn creatures from her home and displays her inventory on her front lawn. Her next-door neighbor Clark sues Rebekah to enjoin or stop her from operating the business. Will Clark be successful in stopping Rebekah from operating her business?
Assignment 3)
When should you use a secondary source for legal research?
Assignment 4)
Review the following video created by the George William Hooper Law Library posted under Week 6’s Required Resources’ module in connection with this case study:
“Secondary Sources: Legal Encyclopedias”
After viewing the above video, review the following fact pattern and answer the questions presented in Steps 1-4 below.
A new client, Taffy Apple, appeared at the office asking for advice on estate planning. She met with your supervisor, William Ferret. After you and Mr. Ferret interviewed Taffy, Mr. Ferrett discussed some options that she could consider. Taffy is a single mother. She has one son, Jonathan Apple, who left home eight years ago when he was 16 and has not been in contact with Taffy more than four or five times during those eight years. Because she was lonely, Taffy became a foster mother to Jeremy Orange who was 11 at the time. While Jeremy was in school, Taffy attended all the school functions as his “mother” and referred to him as “son” when she spoke. During the past eight years, Jeremy has lived with her. At the time she came to the office he was attending a local community college for which Taffy helped Jeremy pay. In fact, Jeremy was with her during her initial client conference with you and Mr. Ferret. She made another appointment for the following week.
Unfortunately, Taffy died before her next appointment. She had not completed any estate plans and she did not have a will. During her initial interview she was adamant that Jeremy was to receive part of her estate. Jeremy wants to know if he can claim any part of the extensive estate that Taffy left.
1. First Step: List key words and phrases that you might use to search a legal encyclopedias for information to address Taffy’s legal matter.
2. Second Step: Determine what two (2) legal encyclopedias would be most appropriate to research Taffy’s legal matter.
3. Third Step: Using your key words and phrases, conduct a search, and access two relevant legal encyclopedias you identified in Step 2 either using a free internet resource or Westlaw (via the Berkeley College Online Library). Cite your secondary sources and explain your method of accessing them. For example, did you use a free service on the Internet? Did you use Westlaw?
4. Fourth Step: Review the two secondary sources you used to identify two relevant primary sources. Briefly review these sources for the connection to the secondary sources you used. Is there a relevant connection? Explain your answer.
Assignment 5)
Please read Kelo v. City of New London case decided by the US Supreme Court in 2005. Please summarize the case and state why this is an important case with respect to eminent domain. Please be careful of plagiarizing. Use your own words in summarizing the case or use quotation marks for direct quotes in the case. The important part of this assignment is that you understand what the case is about. The summary should be ONE PAGE LONG.
