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Running head: CASE PORTFOLIO Case Portfolio August 14, 2008 Case Portfolio Real Properties Does owning real property mean that all rights are protected? Owning real property doesnt mean that all rights are protected. The rights are limited in the ownership of land or personal property. Provide two examples of where rights are limited in the ownership of land or property? The rights in real property are limited by what may appear in the chain of title (e. g.
including any outstanding liens, condominium association by-laws, height and set-back requirements, zoning ordinances, etc. ). Also the government may condemn for some purposes (e. g. highway project, etc. ). Although this is not likely to occur, still in different jurisdiction the things may be different. What are some similarities and differences between the legal protections available for real and intellectual properties?
Both legal protections available for real and intellectual properties imply that the individual cannot use someones real and intellectual properties with no owners consent. The difference is that it is allowed to sample intellectual property (for example, to use quotes when writing a book review) with no owners consent and permission; however, it is not allowed to do the same with the real property. How do servitude's and easements get put into place? Answer Easements are interests in real property running with the land. They are binding on successors in interest. Easements allow use of the land, which is also referred to as the serving estate.
Equitable servitude's are the requirements or limitations imposed on a parcel of the land. Similar to easements, they are implied to run with the land but in contrast to easements that affect only serving estate equitable servitude's should also touch and concern the serving estate, as they affect the value and/ or the use of the property. How can servitude's and easements be protected? In order to easements it is required to treat them as interests in land and not allow the, to be lost by abandonment or by prescription. In order to protect real or equitable servitude's it is important to ensure they are enforced in the same manner as contractual provisions. Why are servitude's and easements important?
Servitude's are important as they are contractual obligations that touch and concern the land, therefore affecting the use or value of it. Easements are important as they are durable interests in real property, thus affecting the value of the serving estate. Intellectual Properties What is the difference between copyrights, trademarks and patents? Patents are usually associated with the processes and things useful in the real world (the only exception is innovative designs). In contrast to patents, copyrights are aimed to protect expressive arts (e. g.
fine arts, literary works, music, video, software, etc). At the same time, trademark is a symbol, word, name or device used in trade with goods in order to indicate the source of these goods and to differentiate them from the other goods (What Are Patents, Trademarks, Servicemarks, and Copyrights? , 2008). Why is the title to real property permanent, whereas some intellectual property is limited in the time that it is protected? The title to real property is permanent, because real property is real and tangible.
When the person purchases real property, takes title or legal ownership of it then he / she is the owner of the real property for all of time with no expiration date. At the same time, some intellectual property is limited in the time that it is protected because it is a copyright, trademark or patent, and the protection period is different. For example, copyright has moral rights (no expiration) and financial rights (protected for a specific period). Also, most of forms of intellectual property are renewable.
Business and the Bill of Rights What is the major difference between business speech and political speech? The major difference between business speech and political speech is that the Supreme Court considers that business speech is less constitutionally valuable than political speech. Business speech facilitates the daily search for goods and services and, in contrast to the political speech is less susceptible to discouragement, and more verifiable (Reed, 1996). Closely regulated industries are not afforded all Fourth Amendment guarantees against unreasonable search and seizure.
Is this fair, or is it necessary to protect the greater good? It is quite fair that closely regulated industries are not afforded all Fourth Amendment guarantees against unreasonable search and seizure, because in closely regulated industries, such as restaurants, railroads, airports, liquor establishments, etc. business premises may be subject to regular administrative searches by state or federal agencies for the purpose of determining compliance with health, safety, or security regulations. (Search And Seizure, 2001) Yet, to protect the greater good enhanced search and seizure protection under every States Constitution is available. After briefing this case on Business and the Bill of Rights do you feel that the rights of the business were protected or violated? Defend your position. After briefing this case on Business and the Bill of Rights we can come to conclusion that the rights of the business were likely protected and all of the rights protected by the U.
S. Constitution were also protected under the States Bill of Rights. Administrative Agency Why does the identified agency exist? Administrative agency is usually created in response to a felt public need. Administrative agency is created by state legislatures, the U. S.
Congress, the federal Constitution, and local lawmaking bodies to oversee complex matters of governmental concern beyond the expertise of legislators, to redress serious social problems, or to manage crises, when necessary. Describe the powers of the identified administrative agency? The administrative agency is an official governmental body empowered with the authority to direct and supervise the implementation of particular legislative acts. Provide an example of the kind of work an agency does? Administrative agencies comprise an unconstitutional, bureaucratic fourth branch of government and can adjudicate various disputes (both exceedingly complex and relatively minor ones) more flexibly and more quickly than can state and/ or federal courts. Different administrative agencies have different functions and do different kinds of work.
For example, he Federal Bureau of Investigation (FBI) is aimed to investigate violations of federal laws not assigned to other federal agencies; the Interstate Commerce Commission (ICC) regulates commerce among the states, and is especially involved with the interstate transportation of persons or property by carriers, to mention a few. To whom, if anyone, does an agency report? It should be noted that governmental representation in an administrative capacity of any kind can be referred to as an administrative agency. The president is an administrative agent and the enabling statute there is the federal Constitution. Administrative agencies report to the president (Administrative Agency 2008).
Torts Relating to Business What kinds of torts involve primarily businesses? There are few kinds of torts involving primarily businesses, namely, fraud, breach of contract, and embezzlement. Explain the concept of warranties; describe the different types and how they are applied to products. Warranty is usually referred to as a written promise by a supplier, seller or manufacturer to repair or replace the product (or work) in case it will be required, during a specified period of time. Basically, there are two different types of warranties implied warranty and express warranty.
Implied warranty is an unwritten and/ or unspoken promise made by a seller to the buyer stating that the product, which is being sold to the buyer, works. In its turn, there are two types of implied warranties: the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The implied warranty of fitness for a particular purpose is the type of promise that the sellers advice on how the product should be used is correct. The implied warranty of merchantability is the promise that the product is sold in a good working order and operates in the way it is supposed to do (Warranties, 2008).
Express warranty is an explicit offer that is made by the seller voluntary and stating that a product will perform in compliance with the particular expectations. The express warranty also usually offers specific remedies in case the product will be defective. Also there are extended warranties or service contracts, which are being sold along with the standard ones. When is liability imposed?
Product liability is imposed under the Model Uniform Products Liability Act (MUPLA) and the Uniform Commercial Code (Product Liability, 2008). Liability imposed upon a products manufacturers and/ or sellers for injuries relating to this specific product. Manufacturing, marketing, or design defects as well as the injuries they caused are the subjects of products liability suits. Are warnings on labels for dangerous items such as cigarettes or guns enough to protect these companies from liability or negligence cases? The warnings on labels for dangerous items such as cigarettes or guns are enough to protect these companies from liability or negligence cases under condition they are clear, unequivocal and sufficient to apprise the ordinary consumer that it is unsafe to use the product. Contracts Consider the case you are briefing.
What element of the contract was in dispute? The case Poling v. Pre-Paid Legal Services, No. 30525 was an appeal by Georgia Poling, Jessica Poling, and Deidre Poling on fraud and breach of contract claims. Pre-Paid Legal Services were accused of breaching its contractual obligations by failing to properly select, monitor, and evaluate the attorney to whom it referred Mrs.
Poling (Poling v. Pre-Paid Legal Services, No. 30525, 2002). How could this conflict have been avoided? Pre-Paid Legal Services should entail substantially more than the limited statements contained in the boilerplate document sent to Mrs. Poling by Pre-Paid, thus being able to avoid the conflict and accusations. What other elements could have caused the contract to be illegitimate.
The absence of terms of operation regarding selection and screening of appropriate attorneys could also have caused the contract to be illegitimate. Consider that the plaintiff won the case. What were other ways in which the plaintiff could have been remedied in court? The plaintiff could be adequately compensated by damages and by the cost or inconvenience suffered by plaintiff due to failure of Pre-Paid Legal Services to provide selection and screening of appropriate attorneys. What sort of contracts must be in writing before they are considered enforceable? Many States have "statutes of frauds, " according to which certain types of contracts must be in writing before they are considered enforceable, such as agreements for the sale of real estate and agreements that cannot be performed within 1 year.
References Administrative Agency. (n. d. ). Retrieved August 14, 2008, from 2008: web Poling v. Pre-Paid Legal Services, No. 30525. (2002). Retrieved August 14, 2008, from web Product Liability. (2008). Retrieved August 14, 2008, from web Reed, O.
L. (1996, September 22). Is commercial speech really less valuable than political speech? On replacing values and... Retrieved August 14, 2008, from American Business Law Journal: web Search And Seizure. (2001). Retrieved August 14, 2008, from Encyclopedia of Everyday Law: web Warranties. (2008).
Retrieved August 14, 2008, from Encyclopedia of Everyday Law: web What Are Patents, Trademarks, Servicemarks, and Copyrights? (2008). Retrieved August 14, 2008, from United States Patent and Trademark Office: web
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Research essay sample on Amendment Guarantees Political Speech
