Law and Economics
Instructions: Answer, typed, each question to the best of your ability and please have the answers
So, the weirdest thing happened the other day. I went in for a routine dialysis treatment with ten of my dialysis buddies, and there was a new nurse administering the medications, setting the IVs, etc. It wasn’t a big deal for me, but some of my friends were a little sketched out, but whatever. She got us partially set up, walked out, then another guy in scrubs came in, said he was a rep, and that he was going to finish administering the drugs. I was like, “Whatever man, just make sure Price is Right is turned on the TV.” So anyways, I’m watching these absolute fools overbid for a set of snowboards on Price is Right when I feel this weird sensation in my arm. It’s really not a big deal, and honestly, it was less annoying than that moron trying to play Plinko on Price is Right. He’s doing it so bad, and so wrong, I throw my hands up in the air in frustration. My one hand that has the IV in it is like dead, or asleep or something so it doesn’t move causing me to over-swing my good hand. I overswing so hard, in fact, that I punch the person next to me in the face. I broke his nose and stuff, but this dude was ugly to big with, so really, not a big deal.
Do all the necessary elements exist for a tort to have been committed?
I’ve got this friend who wants to start a company. It’s a crossfit gym/bakery. The idea is you go get swol at the gym then get swol in the tum-tum with pastries. He wants to come up with a killer name for the gym/bakery and has come up with the following suggestions but wants your advice on what you think could be trademarked. His ideas are:
Can you patent it? Why yes or no? If no, how could you alter the patent application to make it patentable?
Uncrustables: crustless bread pocket filled with peanut butter and jelly, circular in shape, edges crimped and frozen.
Chair: consisting of a seat, back, and four legs attached to the seat.
Upside down chair: consisting of a seat, back, and four legs attached to the seat in which legs float in the air, followed by the seat, and lastly the back floating slightly above the ground.
Chinese star phone: cell phone sized in the shape a Chinese star with sharpened edges useful for posting tiktok videos and defending against rival ninjas.
Multilevel approach to product marketing: method by which a product is marketed that includes a top team member that recruits a couple lower level members that sell product but also recruit other, lower level, team members, who direct sell product but also recruit even lower level team members.
Below is the cover of a kind of, but not super popular entertainment magazine out of California:
And here is the cover of an album by the band, the Vandals:
Who, by the way, have such hits as, “My Girlfriend’s Dead”, “I’ve got an Ape-Drape”, and published their album long after the Daily Variety began publishing their magazine. Did the Vandals infringe on the Daily Variety’s copyright? Argue for or against copyright infringement.
What effect have tort reform laws had?
What’s the most surprising thing you learned this semester? Please be thorough.
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