Describe the burden of proof in a civil case
Exercise 1: Present a hypothetical wherein a party to the contract makes a conditional promise to perform. Have the condition fail, and have the party for whom it was inserted into the contract refuse to perform because of the failure of the condition. If the other party sues for breach of contract and the defense of failure of conditions is asserted, are there any available theories that the plaintiff could assert that would result in the court refusing to allow the failure of conditions defense?
Exercise 2: Present a hypothetical involving a contract for the construction of a home. Assume that the contracting company completes the job but that the owner refuses to pay, alleging that the contractor breached the contract of construction. What doctrine would the contractor rely on to prove that, in spite of breaching the contract, payment is mandated (under the contract) with compensation going to the owner for any of the work that was not properly performed? Be specific in addressing what it is that the construction company would be required to prove.
Exercise 3: Sale on Approval
A music store lets Laura take a guitar home with her so that Laura might test how it plays. After playing the guitar for a day, Laura puts it on a sofa and forgets about it. Two weeks later, the guitar is damaged due to fire. Who must bear the risk of loss for the damage to the guitar?
Exercise 4: Can sellers ever pass better title to the buyer than they, themselves, have? If so, when?
Exercise 5: Describe the UCC approach to the risk of loss of goods during transportation.
Exercise 6: Describe the burden of proof in a civil case and the burden of proof in a criminal case. How are the two burdens different?
Exercise 7: Identify and explain the rights protected by the Fourth, Fifth and Sixth Amendments to the United States Constitution.
Exercise 8: Fourth Amendment Violation?
FBI agents enlist Jessie to place audio and video recording devices in a hotel room in order to record conversations between himself and Walter White. Jessie books the room, pays for it, and retains a key. The recording devices are only turned on when Jessie is in the hotel room. Does the warrantless bugging by the FBI violate Walter’s Fourth Amendment rights? Why or why not?