Applying Legal Concepts is a two-part activity. Part 2 requires the application of the legal concepts you defined in Activity 1.4.
To complete this activity:
Read the provided mini-cases carefully.
Research and define the legal concepts list.
Analyze the facts of each mini-case using the legal terms and concepts and answer the questions associated with each case study.
Determine which terms apply to individual cases and why.
Fill in the chart (DOCX) download with your research and answers.
Case Studies:
1. XYA Corporation discovered that ZZZ Inc., a competitor, is producing a new widget gadget. XYA believed that the widget gadget contained parts owned by XYA under their patent. XYA filed a lawsuit in Federal Court asking for expedited review to determine whether an injunction should be issued against ZZZ to stop the imminent escalation of production. As a part of the preliminary hearing in Federal court, XYA asked the court to allow it to obtain a copy of the official gadget blueprint specifications to determine if the case should continue. Under what procedure would XYA be permitted to receive the plans?
2. Suzy Que resides in North Carolina, a state that supplies the majority of vape chemicals used in the new smoking pipes. Suzy sued the company, VapAttack Inc., which is the manufacturer and supplier of the chemicals. Suzy sued VapAttack Inc. in federal court in the county in which she resides. Suzy lives in the same county were the majority of tobacco growers are located. VapAttack Inc. filed a motion with the court for a Change of Venue asking the court to change the location of the lawsuit to the county where its headquarters resides. Under what court procedure is the motion filed by VapAttack Inc. likely to be brought? What potential grounds for removal would the court review in deciding?
3. Jake Salesman is a sales manager at Wegotit, Inc.. The company SVP provided Jake and other team leaders a copy of the company’s new sales forecast for the fourth quarter. The SVP distributed information related to the third-quarter results to the team leaders. The company performance was well below the profitable goals set by the president of the company. The target goals will keep the company liquid for the rest of the year if met. Because of the third quarter’s results, the company faced massive layoffs unless the team doubled its efforts by the end of the fourth quarter. The SVP interpreted the President of the company’s message as meaning they had to do everything possible to regain the market share. The SVP indicated to the team leaders that they were personally responsible for the survival of the company. The highlight of his presentation came when he told everyone in the room that they were to recover the market share “by any means necessary.” The president said that that they should leave no stone unturned and let no rule stand in their way. Jake set up a meeting with his team to go over the individual quotas for which his members were responsible. Before the meeting with the SVP ended, the SVP indicated that he wanted every team leader to repeat his call to duty to reach the goals. If Jake Salesman follows the SVP’s directives, what else should Jake consider discussing with his team during this meeting, and why? What legal issues could potentially create a problem if the team took the phrase “by any means necessary, literally?”
