12 May DO THESE FACTS SATISFY THE REQUIREMENTS FOR AN IMPLIED CONTRACT?
Which side do you favor and why?CASE ACTIVITY 10-4: The State, the prosecutor, cannot appeal an acquittal (barred byDouble Jeopardy). However, prosecutors can generally appeal a sentence lighter than thatimposed by Sentencing Guidelines. The sentencing judge must give his/her reasons inwriting at the time of the sentencing. The appeals court will consider the sufficiency ofthese reasons.Scenario; Cyber Crime: Jiri Klimecek was a member of a group that overrode copyrightprotection in movies, video games, and software, and made them available for download online.Klimecek bought and installed hardware and software to set up a computer server and paid halfof the monthly service charges to connect the server to the internet. He knew that users aroundthe world could access the server to upload and download copyrighted works. He obtainedaccess to Czech movies and music to them available. Klimecek was indicated in a federal districtcourt for copyright infringement. He claimed that he did not understand the full scope of theoperation. Did Kilmecek commit a crime? If so, was he a âminor participantâ entitled to areduced sentence? Explain.CASE ACTIVITY 10-9: The question of leniency is typically a subjective judgment, not alegal one, so there is no right or wrong answer. The Appeals Court will consider whetherthe judge’s reasons for the lighter sentence are justified.Scenario: A Question Of Ethics: Identity Theft. Twenty-year-old Davis Omole had goodgrades in high school, where he played on the football and chess teams, and went on to college.Omole worked at a cell phone store where he store customer personal information. He used thestolen identities to create a hundred different accounts on eBay, and held more than threehundred auctions listings for sale items that he did not own (including cell phones, plasmatelevisions, and stereos). From these auctions, he collected $90,000. To avoid getting caught, hecontinuously closed and opened the eBay accounts, activated and deactivated cell phone and eemail accounts, and changed mailing addresses and post office boxes. Omole, who hadpreviously been convicted in a federal district court of identity theft and wire fraud.(a) Omola displayed contempt for the court and ridiculed his victims, calling them stupid forhaving been cheated. What does this behavior suggest about Omoleâs ethics?(b) Under federal sentencing guidelines, Omole could have been imprisoned for more thaneight years. He received only three years, however, two of which compromised themandatory sentence for identity theft. Was this sentence too lenient? Explain. CASE ACTVITY 11-4: Please do not worry about the discussion of “pre-emption” in thiscase. This is an issue that generally is unrelated to the issue of implied contracts. As youread about the facts, please keep in mind the public policy behind enforcing “impliedcontracts.” Bill Scenario: Spotlight on Taco Bell-Implied Contract. Thomas Rinks and Joseph Shieldsdeveloped psych Chihuahua, a caricature of a Chihuahua dog with a âdo-not-back-downâattitude. They promoted and marketed the character through their company, Wrench, L.L.C. EdAlfaro and Rudy Pollak, representatives of Taco Bell Corp., learned of Psycho Chihuahua andmet with Rinks and Shields to talk about using the character as a Taco Bell âiconâ. Wrench sentart work, merchandise, and marketing ideas to Alfaro, who promoted the character within TacoBell. Alfaro asked Wrench to propose terms for Taco Bellâs use Psycho Chihuahua. Taco Bell didnot accept Wrenchâs terms, but Alfaro continued to promote the character within the company.Meanwhile, Taco Bell hired a new advertising agency, which proposed campaign involving aChihuahua. When Alfaro learned of this proposal, he sent the Psycho Chihuahua materials to theagency. Taco Bell made a Chihuahua the focus of its marketing but paid nothing to Wrench.Wrench filed a suit against Taco Bell in a federal court claiming that it had an implied contractwith Taco Bell and that Taco Bell breached that contract. Do these facts satisfy the requirements for an implied contract? Why or Why not?
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