Business Case Problem – South Dakota law enforcement

Subject: General Questions / General General Questions
Question
9–3. Business Case Problem with Sample Answer— Privacy. Using special software, South Dakota law enforcement ocers found a person who appeared to possess child pornography at a specic Internet address. e ocers subpoenaed Midcontinent Communications, the service that assigned the address, for the personal information of its subscriber. With this information, the ocers obtained a search warrant for the residence of John Rolfe, where they found a laptop that contained child pornography. Rolfe argued that the subpoenas violated his “expectation of privacy.” Did Rolfe have a privacy interest in the information obtained by the subpoenas issued to Midcontinent? Discuss.
9–7. Social Media. Irvin Smith was charged in a Georgia state court with burglary and theft. Before the trial, during the selection of the jury, the state prosecutor asked the prospective jurors whether they knew Smith. No one responded armatively. Jurors were chosen and sworn in, without objection. After the trial, during deliberations, the jurors indicated to the court that they were deadlocked. e court charged them to try again. Meanwhile, the prosecutor learned that “Juror 4” appeared as a friend on the defendant’s Facebook page and led a motion to dismiss her. e court replaced Juror 4 with an alternate. Was this an appropriate action, or was it an “abuse of discretion”? Should the court have admitted evidence that Facebook friends do not always actually know each other? Discuss.

10–1. Types of Cyber Crimes. The following situations are similar, but each represents a variation of a particular crime. Identify the crime and point out the differences in the variations. (See Cyber Crime.) (a) Chen, posing fraudulently as Diamond Credit Card Co., sends an e-mail to Emily, stating that the company has observed suspicious activity in her account and has frozen the account. The e-mail asks her to reregister her creditcard number and password to reopen the account. (b) Claiming falsely to be Big Buy Retail Finance Co., Conner sends an e-mail to Dino, asking him to confirm or update his personal security information to prevent his Big Buy account from being discontinued. (c) Felicia posts her résumé on GotWork.com, an online jobposting site, seeking a position in business and managerial finance and accounting. Hayden, who misrepresents himself as an employment officer with International Bank & Commerce Corp., sends her an e-mail asking for more personal information.
10–5. White-Collar Crime. Matthew Simpson and others created and operated a series of corporate entities to defraud telecommunications companies, creditors, credit reporting agencies, and others. rough these entities, Simpson and his confederates used routing codes and spoong services to make long-distance calls appear to be local. ey stole other rms’ network capacity and diverted payments to themselves. ey leased goods and services without paying for them. To hide their association with their corporate entities and with each other, they used false identities, addresses, and credit histories, and issued false bills, invoices, nancial statements, and credit references. Did these acts constitute mail and wire fraud? Discuss.
11–1. Doing Business Internationally. Macrotech, Inc., develops an innovative computer chip and obtains a patent on it. The firm markets the chip under the trademarked brand name “Flash.” Macrotech wants to sell the chip to Nitron, Ltd., in Pacifica, a foreign country. Macrotech is concerned, however, that after an initial purchase, Nitron will duplicate the chip, pirate it, and sell the pirated version to computer manufacturers in Pacifica. To avoid this possibility, Macrotech could establish its own manufacturing facility in Pacifica, but it does not want to do this. How can Macrotech, without establishing a manufacturing facility in Pacifica, protect Flash from being pirated by Nitron?
12–1. Unilateral Contract. Rocky Mountain Races, Inc., sponsors the “Pioneer Trail Ultramarathon,” with an advertised first prize of $10,000. The rules require the competitors to run 100 miles from the floor of Blackwater Canyon to the top of Pinnacle Mountain. The rules also provide that Rocky reserves the right to change the terms of the race at any time. Monica enters the race and is declared the winner. Rocky offers her a prize of $1,000 instead of $10,000. Did Rocky and Monica have a contract? Explain.
12–3. Business Case Problem with Sample Answer— Online Acceptances. Heather Reasonover opted to try Internet service from Clearwire Corp. Clearwire sent her a conrmation e-mail and a modem. When Reasonover plugged in the modem, an “I accept terms” box appeared. Without clicking on the box, Reasonover quit the page. She had not seen Clearwire’s “Terms of Service,” accessible only through its Web site. Although the e-mail she received and the printed materials included with the model included URLs to the company’s Web site, neither URL gave direct access to the “Terms of Service.” A clause in the “Terms of Service” required subscribers to submit any dispute to arbitration. Is Reasonover bound to this clause? Why or why not?
13–2. Conditions of Performance. The Caplans contract with Faithful Construction, Inc., to build a house for them for $360,000. The specifications state “all plumbing bowls and fixtures… to be Crane brand.” The Caplans leave on vacation, and during their absence, Faithful is unable to buy and install Crane plumbing fixtures. Instead, Faithful installs Kohler brand fixtures, an equivalent in the industry. On completion of the building contract, the Caplans inspect the work, discover the substitution, and refuse to accept the house, claiming Faithful has breached the conditions set forth in the specifications. Discuss fully the Caplans’ claim.
13–5. Fraudulent Misrepresentation. Vianna Stibal owns and operates the etaHealing Institute of Knowledge (THInK) in Idaho Falls, Idaho. etaHealing is Stibal’s “selfdiscovered” healing method. In her book Go Up and Seek God, Stibal stated that she had been diagnosed with cancer and had cured herself using etaHealing. But Stibal’s representation that she cured herself of cancer was false, and she knew it—her medical records did not conrm a cancer diagnosis. Believing Stibal’s claim, Kara Alexander traveled from New York to Idaho to pay for, and attend, classes in etaHealing from Stibal. Later, Alexander began to question the validity of her THinK degree. What are the elements of a cause of action for fraudulent misrepresentation? Do the facts in this situation meet these requirements? Discuss.

14–2. Anticipatory Repudiation. Moore contracted in writing to sell her 2017 Hyundai Santa Fe to Hammer for $18,500. Moore agreed to deliver the car on Wednesday, and Hammer promised to pay the $18,500 on the following Friday. On Tuesday, Hammer informed Moore that he would not be buying the car after all. By Friday, Hammer had changed his mind again and tendered $18,500 to Moore. Moore, although she had not sold the car to another party, refused the tender and refused to deliver. Hammer claimed that Moore had breached their contract. Moore contended that Hammer’s repudiation released her from her duty to perform under the contract. Who is correct, and why?

14–3. Spotlight on Apple—Implied Warranties. Alan Vitt purchased an iBook G4 laptop computer from Apple, Inc. Shortly after the one-year warranty expired, the laptop failed to work due to a weakness in the product manufacture. Vitt sued Apple, arguing that the laptop should have lasted “at least a couple of years,” which Vitt believed was a reasonable consumer expectation for a laptop. Vitt claimed that Apple’s descriptions of the laptop as “durable,” “rugged,” “reliable,” and “high performance” were armative statements concerning the quality and performance of the laptop, which Apple did not meet. How should the court rule? Why?

23–4. Business Case Problem with Sample Answer— Agency Powers. A well-documented rise in global temperatures has coincided with a signicant increase in the concentration of carbon dioxide in the atmosphere. Many scientists believe that the two trends are related, because when carbon dioxide is released into the atmosphere, it produces a greenhouse eect, trapping solar heat. Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is authorized to regulate “any” air pollutants “emitted into… the ambient air” that in its “judgment cause, or contribute to, air pollution.” A group of private organizations asked the EPA to regulate carbon dioxide and other “greenhouse gas” emissions from new motor vehicles. The EPA refused, stating, among other things, that Congress last amended the CAA in 1990 without authorizing new, binding auto emissions limits. Nineteen states, including Massachusetts, asked a district court to review the EPA’s denial. Did the EPA have the authority to regulate greenhouse gas emissions from new motor vehicles? If so, was its stated reason for refusing to do so consistent with that authority? Discuss.