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You will be given three hours to complete this Blawg Review. Your score will be based on the number of questions you answer correctly. It is therefore to your advantage to try to answer as many questions as you can. Use your time effectively. Do not hurry, but work steadily and as quickly as you can without sacrificing your accuracy.
Blawg Review has information about next week's host, and instructions on how to get your blawg posts reviewed in upcoming issues.
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Donald is a junior attorney in your firm who has spent many hours studying commercial paper and mortgages. He has a client who has a primary mortgage with Bank A, and a second mortgage with Bank B. His client is panicked and wondering what possible solutions might exist in the new economy that would protect him, rather than Bank A or Bank B? What advice would you give Donald?
Give up, man.
Declare Bankruptcy
File a Rule 11(b) motion
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Since voting has become such a hot button issue in the current election, it's important for employers, employees and labor and employment lawyers to know what the law is in this regard. Your client is looking for answers on how his employees in different states have to be treated based on each state's respective voting laws. Where can you find information about giving employees time off to vote?
The Federal Rules of Civil Procedure
The Lanham Act
The Model Penal Code
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McCain is a presidential candidate who is angry about videos on YouTube and has misfired copyright claims. After finding several of his own campaign videos removed from YouTube for copyright claims, he has come to you for advice on how best to deal with the issue. If the McCain campaign wanted to respond to what they see as copyright problems, what might be some defenses they could use for their YouTube videos?
The Chewbacca Defense
Self-Defense Doctrine of Retreat
The M'Naughten Rule
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Andy is a young associate who has been caught looking at Law Porn (the glossy brochures that arrive in the mailboxes of of law professors, lawyers and judges this time of year -- on any number of dimensions: aesthetics, weight, ability to convey excitement, number of articles in top journals per square inch, etc.) If everyone is doing it, how can you determine what is the best Law Porn?
Stare Decisis
Congressional Intent
The Commerce Clause
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Your client, Dr. Feelgood, is a doctor who has just signed up for a service to allow personal health records, to improve his patient services and streamline his practice. After a length tirade against trial lawyers and malpractice insurance, he asks you about the impact of personal health records on both healthcare management and privacy issues. Where could you go to provide Dr. Feelgood with some answers?
Federal Rules of Civil Procedure
The Health Insurance Portability and Accountability Act
The Model Penal Code
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Betty is a junior associate at a firm in town, and against all better judgment, has come to you--a fellow attorney--for advice about how to enter the on-line dating pool without jeopardizing her career. What advice can you give her about online dating and her career?
Dating? It's about Billing. If you have time for dating, you aren't making partner.
Give her a copy of the Code of Professional Responsibility
Ask her out!
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Your client's employer provides a Blackberry or cell phone for use. He wants to know how private messages he sends through the device are, so he asks you Can Employers Monitor Employee's Text Messages Sent Through Company Owned Devises? Where can you find answers?
The Model Penal Code
The Lanham Act
Federal Rules of Civil Procedure
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Kevin O'Keefe at LexBlog has issued an opinion on TypePad's fifth anniversary, discussing how the service changed his professional direction and, by extension, the professional activities of his many LexBlog legal clients. Which case best supports his opinion?
In re Google
Blogger v. Blogspot
Word v. Press
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Your best client, Gordon Smith of The Conglomerate is wondering about the impact of the current financial crisis. In particular, he wonders what the impact might be on specific jurisdictions if the crisis is blamed on executive misconduct? Where might you start researching the issue for a letter advising him of his options?
Federal Rules of Civil Procedure
The Model Penal Code
The Lanham Act
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You have a former client who is alleging alleging ineffective assistance of counsel on appeal. This particular jailhouse lawyer has taken things a step too far, alleging facts which are untrue. By claiming an affirmative wrongdoing on your part, he has relieved you of privilege and placed you in an adversarial position. What advice would you have given against pursuing this argument on appeal?
Read the Code of Professional Responsibility
When you represent yourself, you often have a fool for a client.
Attorney client privilege isn't absolute
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Your client is a sophisticated international business person from China. They are now doing more and more business in America, and would like advice on the the dynamics of international business and protecting their rights. Where can you learn more about international business and the dynamics of doing business in China and Chinese businesses doing business in America?
The World Trade Organization
The Federal Rules of Civil Procedure
The Lanham Act
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Your client is a small museum, where a famous author once lived, located in a small town in the midwest. Many years ago, that author and her works were the subject of a television show. Both you and the producer are now claiming rights to the name of the museum. What is the probable result of your conflict?
A license agreement, benefiting both parties.
Mediation
One of the parties agrees to use a different name.
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Your client is a large drug company with a new drug, Progenitorivox, and is vigorously pursuing international patents. Unfortunately, the disease Progenitorivox is most effective in treating is rampant in third world developing nations, and many governments are balking at the costs. Can the business of pharma be reconciled with the moral implications of providing treatment to poor areas?
This is question is way beyond the scope of this exam.
Of course it can, drugs for one, drugs for all!
Of course not.
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Who Owns Your Neighborhood?
Your local municpality
The Monsanto Corporation
Google
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Your client's company, BigBox, would like to make sure that who ever wins the election in District X is sympathetic to their needs as a large retailer. To further that agenda, they would like to hedge their bets, and make contributions to several political campaigns. They have come to you for advice on how to legally do so. How might you advise them?
Use Large, Unmarked Bills
Form a 527 Group
Don't give to any of them!
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It has come to light that the National Security Agency has been monitoring calls of citizens of the United States. Two scholars, Marty Lederman and Orin Kerr have been debating the significance of the revelation. Prof. Lederman suggests that the representation that the controls are adequate and the program is not illegal is insufficient, most recently, Prof. Lederman writes that some of the Constitutional analysis of the program may hinge on the technical nature of satellite calls versus cordless calls, while Prof. Kerr believes that the existing case laws on the subject are probably sufficiently broad to allow this monitoring. Who is right?
None of them. Nothing the NSA does is wrong!
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Barry Plumber has decided to run for Congress. As part of his campaign, he's running an advertisement that paints his opponent as a cross-dressing communist. In response, his opponent Rudy McPalin has launched an ad which depects Plumber as an elite Marxist terrorist, plotting to destroy the Statue of Liberty. Your client is the local television station, and would like to avoid airing either ad. Can they do so?
Yes, under the McCarthy Act
No, under the Commerce Clause
Maybe?
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Who should be the next Intellectual Property Czar?
David Gulbransen
Bill Gates
Richard Stallman
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Your client is a small start-up business and has come to you for advice on how to establish a par value for their stock. What advice should you give them?
Par? My handicap is 1.5
One Billion Dollars
Your stock is worthless.
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You represent a medical technology company. After a Markman hearing, you proceed to argue claims to the jury which are outside of the scope of the court's ruling. Can sanctions be levied against you or your firm?
No, under the Bono Act
If they are obvious!
You can argue whatever you like.
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