In signing this agreement the parties attest to the adequacy of consideratiny on and Buyer and Seller agree that they have read and fully understand this agreement and furthermore they acknowledge that they do not rely on awritten or oral representations not expressly written in this agreement.
Buyer and Seller met in the office of Buyer's attorney and executed the Sales Agreement. They never discussed the agreement before or after they executed it, and Buyer never asked Seller for a copy of the restrictions.Two weeks later, Buyer's attorney initiated a title search on Lot. The attorney discovered that Lot was zoned for commercial uses, and that it was free and clear of any encumbrances, liens, or easements. However, the recorded restrictions on Lot required pre-approval of the Park association for any above ground storage of petroleum products in addition to any improvements to loading and storage docks. Buyer immediately applied for approval from the association and was denied. This process took approximately one month from the date of signing the Sales Agreement.Within two weeks following the execution by both parties of the Sales Agreement, a third party offered Seller $8 million for Lot. The payment terms were cash at settlement. Seller turned this offer down based upon the existing Sales Agreement. Seller also arranged to take the vacation of her dreams. Anticipating the receipt of $l,000,000 in cash, Seller booked a twelve month around the world tour at a cost of $800.000. Seller was required to give the Travel Agent a $1,000 non-refundable deposit upon booking, pay one half of the remaining balance within two months and the other half one week before the tour began. Three days after Seller booked the tour and two weeks before the proposed settlement date, Buyer told her "The deal's off. You lied to me about the restriction and Lot is worthless to my company."
Seller would like you to respond to the following questions:
1. Discuss whether there is an enforceable contract between Buyer and Seller.
2. Discuss whether Buyer can avoid his obligations under the contract.
3. Assuming that a valid contract existed between Buyer and Seller that was breached by Buyer, discuss what remedies are available to Seller.
Erica, Fred and Grace were childhood friends who decided to set up a carpet cleaning business. Erica would be primarily responsible for setting up a telemarketing operation to solicit customers; Fred would supervise the carpet cleaning; Grace would be a passive investor. They agreed that Erica would manage the affairs of the business and would consult with Fred for all major business decisions. They further agreed that Erica would use a spare room in her home as office space (a contribution to which they attributed no value) and that her only financial interest in the business would be a small salary with a bonus based on the number of customers she brought in; that Fred would contribute to the business a van and equipment agreed to be worth $20,000 and would receive a salary for supervising the steam-cleaning; and that Grace would contribute $50,000 in start-up capital. They did not sign any written agreement. However, Erica went to the library and examined a book discussing partnership-related matters. Erica then drafted a document stating that she was the sole general partner of "EF&G Technical Services, L.P." With the approval of Fred and Grace, Erica signed the document and filed it with the Office of the Delaware Secretary of State.
1. (A) Have the requisite papers been drafted and/or filed to render EF&G Technical Services. L.P. a valid Delaware limited partnership? Explain.
(B) Did Erica make a sufficient contribution to the limited partnership to be a general partner? Explain.
(C) Can Fred properly be considered a limited partner given the form of his contribution to the limited partnership? Explain.
Regardless of your answers to question 1, assume that the necessary papers have been drafted and/or filed, either originally or by amendment, making EF&G Technical Services, L.P. a valid Delaware limited partnership, with Erica as the sole general partner and Fred and Grace as limited partners.
Erica begins rounding up customers. The limited partnership is immediately profitable and is doing well until one customer, Harry, wants his handwoven, silk carpets steam cleaned. Harry asks whether his carpets are suitable for steam cleaning. Erica consults with Fred and then tells Harry that she and Fred have determined that they can do the job. When the steam cleaning crew is finished, Harry's carpet is reduced to tangled strands of silk. Harry sues EF&G Technical Services, L.P., Erica and Fred for negligent steam cleaning and seeks $30,000 in damages.
2. (A) Assuming Harry prevails in his suit, under what circumstances, if at all, can Erica be liable for the judgment?
(B) Can Fred be held liable for the obligations of the limited partnership? Explain why or why not.
(C) What is the extent, if any, of Grace's potential liability?
The business grows. Fred feels that a disproportionate burden of the expanding business falls on him, since he is the one supervising the steam cleaning. He also feels that he is not seeing a large enough return on his investment. Fred tells Erica and Grace that he is not going to devote so much of his time and resources to the business unless he is satisfied that the business is being well-managed. Fred writes a letter to Erica demanding that she provide him with copies of the financial statements for the previous fiscal year. Erica believes that Fred may leave and start up his own steam-cleaning business, especially since Fred has never signed a non-compete agreement. Erica therefore does not provide the documents to Fred. Fred files suit in the Court of Chancery to require Erica to provide him with the documents he demanded.
3. What arguments can Fred make in support of his demand for the documents? What arguments can Erica make to support her refusal to provide them? How should the Court rule? Explain.
During the pendency of the litigation, Erica, Fred and Grace execute a written agreement formally admitting Fred as a general partner, in exchange for services valued at $5,000, and further providing that Fred cannot compete with the limited partnership for three years. After this agreement is reached, Fred renews his demand for the financial statements. Erica again refuses.
4. What new arguments, if any, can Fred make for why he should be provided the financial statements he previously demanded? Will he prevail?
The business becomes profitable enough so that a total of $15,000 can be distributed to partners each month.
5. Assuming that the limited partnership distributes a total of $15,000 per month, what portion of that amount are Erica, Fred and Grace each entitled to each month? Explain.
Within a year of being named a general partner, Fred becomes fed up with the business. He assigns all of his interests in the limited partnership to Ira. Ira immediately begins telling Erica how things will be run now that he is a general partner. Ira also demands that he receive the monthly distributions that previously had been received by Fred.
6. (A) Is Fred permitted to assign his partnership interests to Ira? Explain.
B) Is Ira entitled to exercise the powers of a general partner? Explain.
(C) Can Fred continue to exercise the powers of a general partner? Explain.
D) Is Ira entitled to receive in the future the same percentage allocation of distributions previously received by Fred? Explain.
Grace does not like Ira. Grace also believes that Ira does not have the experience or time to operate the steam cleaning business, and that without Fred the business cannot be run profitably. Grace would like to liquidate her investment and get out of the limited partnership.
7. Does Grace have any recourse to dissolve the limited partnership? Explain.
In 1975, Stan purchased a lot in the community of Blueville, Delaware from Bob who subdivided his own larger lot because of a deep ravine running through his original parcel. Stan’s lot had no road frontage and the ravine made it impracticable for Stan to use the lot Bob had retained for access to the public road. Therefore, Stan started crossing Charlie’s lot which, because of topography, was his only option.
Stan promptly built his house and used Charlie's lot as the only access to his residence.
Charlie, from time to time, objected to Stan's driveway across his lands, but Stan continued.
Stan's house burned to the ground in 1992. Stan promptly cleaned up the fire debris and did nothing more with the lot until early 1997 when he decided to rebuild.
Stan had always been concerned about access to his lot. Before he started rebuilding, he contacted Charlie and told him of his plans to rebuild. He asked Charlie if he could use the same access across Charlie’s lands and Charlie told him that he could. When the house was finished, Stan resumed using the same driveway.
Early in 1998, Stan agreed to sell the house to Harry. A week before closing on the contract between Stan and Harry, Charlie informed Stan and Harry that he would not allow access to the new home across his lands.
1. Does Stan have an easement by prescription across Charlie's lands? Explain.
2. Does Stan have an easement by implication or necessity across Charlie's lands? Explain.
3. Did Charlie's statement to Stan that he could resume the use of his driveway constitute a legally enforceable grant of easement? Explain.
4. Assume that none of these three theories provides access. What other argument(s) does Stan have for an access easement across Charlie's land? Would Stan prevail? Explain.
Stan and Harry proceed to closing where Harry reviews the deed which incorporates by reference the Blueville Home Owners Association restrictive covenants which were recorded by the developer before the sale of any houses in Blueville. A copy of the restrictive covenants is not available at closing. Not wanting to delay the closing, Harry settles on his new home.
After closing, Harry's new neighbor, Ned, starts building a 7-foot stone wall around his house. Harry immediately expresses to Ned his objection that erection of the wall is an eyesore and asks whether such a wall is permitted in the neighborhood. Ned responds that he previously obtained Stan's approval and the other surrounding neighbors also consented to the erection of the wall. Thereafter, Harry obtains a copy of the Home Owners Association restrictive covenants which include the following provision:
The land in Blueville shall be used for residence purposes only and no building, fence, wall, or other structure shall be commenced, erected or maintained, until the plans shall be submitted to and approved in writing by the Blueville Home Owners Association Board of Directors. The Association Board of Directors shall have the right to refuse to approve any such plans which are not suitable or desirable, in its opinion, for aesthetic or other reasons. Upon review of such plans, the Association Board of Directors shall have the right to take into consideration the suitability of the proposed structure, the harmony thereof with the surroundings and the effect of such a structure on the outlook from the adjacent and neighboring property and, any and all factors which in its opinion would effect the desirability or suitability of the proposed improvement, erection, alteration or change.
Harry also learns that two other residents in Blueville have built additions to their homes without obtaining the approval of the Blueville Home Owners Association Board.
Question B: What causes of action and remedies does Harry have with respect to the wall? What defenses may be raised? Note: assume there are no applicable zoning ordinances.
Assume Harry decides to live with the wall. One evening when Harry returns home, he is greeted by high-pitched squealing and an offensive stench. Ned has decided to raise hogs. Although Harry cannot see the hog activity over the wall, he can hear and smell it. Harry immediately checks the restrictive covenants but is surprised to find no provision specifically dealing with farm animals in Blueville.
Question C: Absent an express prohibition for farm animals in the Home Owner Association restrictive covenants, does Harry have any claims or rights with respect to Ned's hog raising? Explain. Note: assume there are no applicable zoning ordinances.
Assume Harry elects to move from Blueville. He decides to lease his home and agrees to a 12-year lease of the property to Larry Lessee. After being in the house for a year, Larry decides to do some renovations, and to finance the cost, he takes out a mortgage on the property in the amount of $50,000 from Home Remodeling Mortgage Company. In connection with Larry's application for a mortgage, Home Remodeling is provided with a copy of Larry's Lease with Harry, which does not include a provision addressing any conditions under which the property may be mortgaged. Before the work is commenced, Larry disappears with the cash. Several months later, Home Remodeling comes knocking on Harry's door for payments.
Question D: What are Home Remodeling's claims and remedies? What are Harry's defenses? (ignore any criminal claims against Larry).
While on duty, Officers Apple and Orange, five year veterans of the Delaware State Police Department, receive a general broadcast that an armed robbery occurred in their immediate area approximately 20 minutes before. The broadcast reports that Victoria Victim was robbed at knife point, and that she has described the perpetrators as two males of medium height wearing ski masks. A short time later, the officers observe a vehicle containing two male occupants driving at an unusually slow rate of speed. The officers decide to stop the vehicle.
The occupants identify themselves as Dan Driver, who resides two blocks from the crime scene, and Pete Passenger. The officers question the occupants separately. Driver and Passenger give conflicting stories as to their destination and their activities earlier in the evening. The officers decide to investigate further.
Officer Apple performs a pat down search on Driver. He feels a hard object in Driver's coat pocket which he initially believes to be a comb. Officer Apple removes the object and discovers that it is a large folding knife.
Victoria Victim, still shaken from her ordeal, is brought to the scene. She says that she is "pretty sure" that Driver is the man who robbed her and that the knife seized from him by Officer Apple is the knife he used.
Driver and Passenger are placed under arrest and taken to the police station. They are separated and properly advised of their Miranda rights. Driver requests an attorney and refuses to speak further. Passenger voluntarily waives his right to an attorney and confesses to his role in the robbery. He also implicates Driver. Driver and Passenger are arrested and charged with a number of offenses relating to their allegedly joint participation in the armed robbery.
Officer Apple seeks a warrant to search Driver's apartment. In support of that application, he submits an affidavit that recites the occurrence of the crime, the arrests, and the information volunteered by Passenger. The affidavit also states that Driver lives near the crime scene, that the individuals were stopped within minutes of the robbery and close to both the crime scene and to Driver's apartment, and that Victoria Victim identified Driver upon being shown an array of photographs.
Upon presentation of the affidavit to the court, the officer realizes that he has left something out. He therefore tells the court that a knife was found on Driver and that Victoria Victim identified it as the one used in the robbery.
The search warrant is issued based upon all of the information provided by Officer Apple. The search of Driver's apartment produces incriminating evidence.
Officer Apple testifies at the preliminary hearing for Driver and Passenger. On cross-examination he admits that Victoria Victim did not identify Driver from an array of photographs, but at the scene of the arrest.
Driver and Passenger are bound over for trial. They are scheduled to be tried together six months thereafter.
You are an associate of the attorney retained to represent Driver. She has asked you to prepare a memorandum identifying any pretrial motions that should be made on Driver's behalf, and analyzing the relevant issues, arguments and likelihood of success. She specifically asks that you not address issues relating to discovery available under the Superior Court Rules.
Question 1 | Question
2 | Question 3 | Question
Question 5 | Question 6 | Question 7 | Question 8
Question 9 | Question 10 | Question 11 | Question
Candy Jones owns The Cake Factory (Factory), a commercial bakery specializing in custom party and wedding cakes. Factory entered into a "Lease Agreement" with Computers-To-Go (CTG) by which Factory leased two computers, a printer and a two person computer desk for use in Factory's office. The lease was for a term of 3 years and required payment of $200 monthly. The lease agreement provided that Factory had the right to purchase the items at the end of the 3 year term for a total of $100.
Factory used the computes to keep track of all its recipes and to list the ingredients needed for each particular order. After making the monthly payments for 12 months, Factory's business suffered a downturn and it stopped making payments.
Subsequently, CTG's agents entered Factory's premises during daylight hours and took one of the computers and the printer. CTG has a "used computer" store where it sells computer equipment received as trade-ins. However, the Factory computer and printer were not sold at the used computer store but were sold for $500 to the son of CTG's sales manager (Son) for use at college with no notice to Factory of the sale. Without the computer that was taken by CTG, Factory could not respond to customers' inquiries as efficiently and lost a big order to supply cakes for a local corporation's annual customer appreciation party.
CTG agents attempted to enter Factory again to take the second computer and the desk, but were prevented from removing the equipment by Factory's employees. CTG brought a replevin action against Factory for return of the computer and desk retained by Factory and also sued for the difference between the amount realized from the sale of the equipment by CTG to Son and the amount remaining due under the lease. Factory counterclaimed for lost profits due to the lost party sale. Additionally, Factory sought to recover the computer and printer from Son.
A. Discuss the nature of CTG's interest in the computers, printer, and desk.
B. Assume that CTG has a security interest in the property. Discuss the remedies which are available to Candy, Factory and CTG.
Factory' s business improved and Candy decided to buy a refrigerated truck so that she could sell ice cream cakes. If things went well, she knew she could sell ice cream cakes all over the county. Candy visited Truck Dealer (Dealer) and explained her plans and needs to Dealer. Dealer showed her two used refrigeration trucks and she decided to purchase one of them. She did not test the operation of the refrigerator or ask Dealer any questions about its use or reliability. The sales contract prepared by Dealer referred to the truck as a "used refrigeration truck" and contained a notation, "refrig. not tested" across the top of the contract.
Factory's new product was a success and orders for delivered ice cream cakes were pouring in. However, less than a week after the truck was delivered, it became obvious that the refrigeration unit was not working well. Cakes placed in the front of the truck were kept frozen but cakes placed in the back melted before they could be delivered. When Candy took the truck to a local mechanic, she was told that the refrigeration equipment appeared to be much older than the truck and was probably designed for a much smaller truck. Candy immediately sent Dealer written notice revoking her acceptance of the truck and demanding return of the purchase price. Dealer refused to return any part of the price. In order to continue in business, Candy had dividers placed in the truck's refrigerator compartment to make the space small enough to be chilled properly by the equipment that was in the truck. This limited the number of cakes that could be delivered on one trip. Four months later, Candy filed suit against Dealer seeking to rescind the sale and obtain the return of the purchase price as well as damages for breach of warranty. The truck had been driven 6,000 miles since the discovery of the defective refrigeration equipment.
What claims can Candy assert? What defenses can Dealer raise? Discuss.
Determined to raise money to invest in her thriving cake business, Candy decided to sell a partly damaged antique sideboard she had inherited from her mother. She took the sideboard to Ann's Antiques, where Ann agreed to make the needed repairs and then display the sideboard in her shop for sale on consignment. Unknown to Candy, Friendly Finance had a perfected security interest in Ann's inventory under an agreement that required Ann to remit 80% of each sale to Finance. Several days after Ann had repaired the sideboard and placed it in her shop, Betty Buyer purchased it, paying the entire price in cash and arranging with Ann to have it delivered on the following Saturday. Ann placed a "SOLD" sign on the sideboard. The next day, Ann's Antiques was permanently closed because of building code violations.
Candy sued Ann for recovery of the sideboard. Buyer and Finance intervened in the suit, also seeking possession of the sideboard.
A. Who would have priority in the sideboard? Discuss.
Friendly Finance sued Ann for the proceeds of the sale of the sideboard and Candy intervened seeking the same funds.
B. Who would have priority in the proceeds of the sale? Discuss.
In September 1997, Alice Agent, a well known basketball sports agent, contacted David Dunk, the best high school basketball player in the country. Alice said that she could represent his interests in pursuing a professional basketball career and related endorsements. She explained that she was well qualified because she had recently represented Yogi Bearant. Yogi had been the best high school basketball player in 1996, bypassed a collegiate career and decided to play professional basketball immediately. Yogi is now regarded as a rising superstar -- and very rich.
In mid-March 1998, Dunk called Alice on the telephone. He said: "I think I want to go pro like Yogi. I want you to help me. " Alice answered: "I will take care of you. My fee will be the standard fee charged by top agents." Dunk responded "Great, we have a deal." Alice then said: "I will send you the paperwork when I get around to it." Alice, however, forgot to send Dunk a written agreement.
Alice advised Dunk to attend a national collegiate championship game scheduled for March 30, 1998. She explained that he should attend the college championship game, and related social events, in order to develop contacts with professional scouts and other business representatives. Dunk expressed a concern that he did not know what to tell the scouts and business representatives about his plans. Alice told Dunk:
Let's go to the championship game and party. All kinds of folks will be there -- the pros, the sneaker people and, who knows who else. Let me do all the talking. All you have to say is that I am your Agent and that I will take care of you. They all know me. I’ve been there before. If we get lucky, I will bring home the bacon for us -- or at least put in an order.
Great, just do it. But, let's not make deals too early. I want to announce my decision about going professional on April Fool's Day, which is also my 18th birthday. Let's get all the media there so they will all be talking about me.
At one championship party held immediately after the game, Dunk and Alice met Sam Sneaker of Sneaker World, a nationwide athletic shoe manufacturer and distributor. They also met Owen Owner, owner of Beach Pizza in Rehovot Beach, Delaware, a regional pizza favorite. Dunk announced to Sneaker and Owner: "Alice is my Agent; she took care of Yogi; she will take care of me." Alice then coyly smiled and said: "I'm sure that we will talk later -- maybe sooner than you think." Everyone laughed, exchanged high fives and shouted "Rock and Roll."
Immediately after the party, without saying anything else to Dunk, Alice contacted Sam Sneaker and Owen Owner separately. She told them that Dunk was going to announce at a well-publicized news conference on April 1, 1998, in two days' time, that he was going to play professional basketball in the Fall of 1998. She also said "Boys, it's time to deal."
Sam Sneaker wanted to make a deal with Dunk immediately. Sneaker was still upset that Sneaker World had lost a similar opportunity two years ago with Yogi Bearant and Alice. In 1996, Sneaker failed to sign Yogi at the 1996 championship parties and lost Yogi to AAA Shoes a few weeks later. Therefore, after only a few hours of discussion, Alice leveraged this interest and signed a contract with Sneaker just before sunrise on March 31. The contract was structured in the same fashion as Yogi's contract with AAA shoes, but the financial terms were twice as favorable for Dunk.
Alice also contacted Owen Owner. Alice had never met Owner before the party. After an hour-long discussion, Owner offered to make Dunk a twenty percent owner of Beach Pizza and to transfer Beach Pizza's title to its prime property located on the Rehovot Beach boardwalk. In exchange, Dunk would be obligated to promote Beach Pizza for seven years. On the morning of March 31, 1998, Alice and Owner signed a contract containing these terms and Owner conveyed title to the real estate located in Rehovot Beach to Dunk.
Alice was unable to contact Dunk before signing the contracts with Sneaker World and Beach Pizza. Dunk had been traveling and visiting friends and family. Alice left messages with Dunk's family in Delaware for Dunk to call her. Dunk never got the messages.
On April 1, 1998, Dunk was ready for his "April Fool's" news conference and party. Shortly before the conference, Alice said "Happy birthday. I have two presents for you -- contracts with Sneaker World and Beach Pizza." Dunk became upset. He said "I did not want to do deals until after I made my announcement to turn professional." The press conference thereafter went forward at which Sneaker World and Beach Pizza actively promoted their association with Dunk. Dunk decided not to say anything more about the contracts with Sneaker World or Beach Pizza, reasoning that he really did not know their terms.
After the press conference, representatives of Pizza World, a world wide pizza chain, asked Dunk to endorse its pizza products. Pizza World told Dunk that Pizza World was willing to pay Dunk a multi-million dollar signing bonus to promote its products and provide nationwide exposure -- something not provided by Beach Pizza. Dunk would have to agree not to promote any other pizza. Dunk became upset again. He was concerned that a contract with Beach Pizza might stand in the way of Pizza World's more lucrative offer. AAA Shoes also approached Dunk stating that it was willing to offer Dunk three times the amount offered to Yogi.
Dunk sought a lawyer immediately. A week later, Dunk discussed the facts with you and a senior partner in your law firm. The senior partner asked you to give her a memorandum on the following matters:
Discuss whether Alice Agent had authority to enter into the contracts with Sneaker World and Beach Pizza. In your memorandum discuss the following issues:
- Agency formation;
- Actual authority; and
- Apparent authority.
Discuss whether Dunk’s conduct ratified Alice’s agreements with Sneaker World and Beach Pizza.
Assuming the contracts were enforceable against Dunk, Discuss claims and remedies Dunk may have against Alice. Discuss claims Alice may have against Dunk in connection with her representation of him.
Assuming the contracts are not enforceable, discuss claims Sneaker World and Beach Pizza may have against Alice and Dunk.
A. During the holidays, the Town of Ames sets up a holiday display in front of the Ames Town Hall. It consists of a Christmas tree, a Menorah, a Nativity scene, Frosty the Snowman, Santa Claus with a sleigh full of presents led by Rudolph the Red nosed Reindeer, and a banner stating "Peace on Earth." Paul Plaintiff, a resident of Ames, is disturbed by the display and files suit in state court arguing that the display impermissibly entangles church and state and therefore violates both the First Amendment of the United States Constitution and a similar provision of the State Constitution.
The Town defends the suit on two grounds: (1) that Paul lacks standing; and (2) that a federal district court in another state has already held that a practically identical display did not violate the First Amendment of the United States Constitution.
The state court holds that Paul has standing. It also holds that the federal district court decision was erroneously decided and that the holiday display violates both the First Amendment of the United States Constitution and the similar provision of the State Constitution. The state supreme court affirms. The Town files a writ of certiorari with the United States Supreme Court.
1. Did the state court have subject matter jurisdiction to hear the dispute concerning the holiday display? Explain.
2. Was the state court correct in finding that Paul had standing to maintain the action? Explain.
3. Did the Town’s holiday display violate the First Amendment to the United States Constitution? Explain.
4. Does the federal district court’s previously issued opinion have any binding effect on the state court’s consideration of the constitutionality of the holiday display under (a) the United States Constitution and (b) the State Constitution? Explain.
5. Can the United States Supreme Court grant the writ of certiorari? Explain.
B. The Town of Ames owns and operates a municipal office building in downtown Ames. To cover operating costs, it leases 10 retail spaces on the first floor to outside vendors. For a period of ten years, one such vendor, a restaurant operator, maintained a "whites only" luncheon counter in the Town’s building. To remedy this past racial discrimination, the Town of Ames passes an ordinance that minorities must constitute at least 20% of the new hires of each of its lessees.
In addition, to promote economic development, the Town passes a second ordinance prohibiting its lessees from hiring persons who do not live in Ames.
1. Was the past racial discrimination by the restaurant owner actionable on the grounds that the "whites only" policy violated the United States Constitution? Explain.
2. Are the two restrictions that the Town now imposes on its lessees constitutional? Explain.
C. During a hotly contested mayoral election in the Town of Ames, proponents for the respective candidates have repeatedly destroyed and vandalized political signs erected on residential property that support their opponents. This has resulted in a number of violent incidents.
To restore peace, the Town of Ames enacts an ordinance that prohibits homeowners from displaying any sign on their property except for address information and "for sale" or "for rent" signs
A national organization called Americans United For Free Speech ("AUF"), the membership of which includes several prominent Ames citizens, files suit in federal court in Ames challenging the ordinance as a violation of free speech.
1. Does AUF have standing to maintain the suit? Explain.
2. Assuming that AUF has standing, is it likely to prevail on the merits of its challenge to the ordinance? Explain.
Oliver Outlaw and Larry Lawless were collaborators in various criminal activities, the purpose of which was to support themselves financially. It came to their attention that they might be able to obtain money and property at the office of Acme Automobile Insurance Company (AAIC) located in New Castle County Delaware, after business hours. They understood that the business kept a great deal of cash in a large safe. They discussed how to proceed and determined to break into the building late at night.
Pursuant to their preconceived plan, Outlaw and Lawless broke into the building. Once inside, they took computer equipment valued at $15,000.00 belonging to AAIC. From an office assigned to Suzanne Salesperson, they took $25.00 in cash belonging to her.
They found the safe. However, they were unable to find the combination. Unsatisfied with the proceeds thus far, they determined to go to the home of the owner, Vincent Victim in order to try to force him to provide the combination.
Fearing that Victim might resist, Outlaw armed himself with a knife and Lawless armed himself with a handgun. They went to Victim' s house where they arrived at 1:30 a.m. They forced open the door, awakening Victim. They confronted him, demanding to know the combination to the safe. When Victim refused, Lawless told Outlaw to "cut him". Outlaw slashed Victim across the face, causing a serious wound (that later required 100 stitches to close). Victim then provided the combination to the safe.
In order to give themselves time to get back to AAIC and open the safe, they took Victim to his basement where they tied him to a chair and placed duct tape over his mouth. They told him that they would return and untie him after they took the money from the safe. They also warned him not to try to free himself or to call the police.
Outlaw and Lawless were subsequently arrested.
Please identify the crimes with which Outlaw and Lawless should be charged, explaining the degree of each crime and explaining why each crime is appropriately charged.