, In this book . . . STUDY TOOLS
that help you make the grade
C A S E I N PO I NT Patricia Ostolaza and José Diaz Short Case in Point examples
owned a home on which they had two mortgage
loans and a home equity line of credit provided by
in every chapter make it easy to
Bank of America. Anthony Falcone called them and remember important legal concepts.
said that he could refinance their mortgages in a
manner that would reduce their monthly payments.
Falcone said that he represented Bank of America
Concept Summary boxes located at key points in each
when in fact he represented Countrywide Home
Loans, Inc. At the closing of the new loan, the hom-
eowners were given all of the relevant documents,
including the TILA disclosure statement. The docu-
chapter help you review more effectively for exams.
ments accurately stated the monthly payment under
the new loan, which was higher than the couple’s
original payments. The homeowners later filed a C HAP T E R 2 Courts and Alternative Dispute Resolution 41
lawsuit against Falcone and Countrywide Bank,
alleging fraud. The trial court dismissed the suit, and
the appellate court upheld the dismissal because the
homeowners had been given the opportunity to read
all of the relevant documents, but had not done so.3
3. Ostolaza-Diaz v. Countrywide Bank, N.A., 2010 WL 95145 (4th Type of Court Description
Cir. 2010).
Trial Courts Trial courts are courts of original jurisdiction in which actions are initiated.
1. State courts—Courts of general jurisdiction can hear any case that has not been
specifically designated for another court; courts of limited jurisdiction include,
among others, domestic relations courts, probate courts, municipal courts, and
small claims courts.
2. Federal courts—The federal district court is the equivalent of the state trial court.
Federal courts of limited jurisdiction include the bankruptcy courts and others
Clarkson 12e Ch31_605-622.indd 609 shown in Exhibit 2–27:16:04
8/26/10 on page
AM 38.
Intermediate Courts of appeals are reviewing courts; generally, appellate courts do not have origi-
Appellate Courts nal jurisdiction. About three-fourths of the states have intermediate appellate courts;
in the federal court system, the U.S. circuit courts of appeals are the intermediate
appellate courts.
Supreme Courts The highest state court is that state’s supreme court, although it may be called by
some other name. Appeal from state supreme courts to the United States Supreme
Court is possible only if a federal question is involved. The United States Supreme
Court is the highest court in the federal court system and the final arbiter of the
Constitution and federal law.
198 U N I T T WO TORTS AN D C R I M ES
9–2. Property Crimes Which, if any, of the following crimes 9–6. CASE PROBLEM WITH SAMPLE ANSWER: Credit Cards.
necessarily involves illegal activity on the part of more Oleksiy Sharapka ordered merchandise online
than one person? using stolen credit cards. He had the items sent to
(a) Bribery outlets of Mail Boxes, Etc., and then arranged for
(b) Forgery someone to deliver the items to his house. He sub-
(c) Embezzlement sequently shipped the goods overseas, primarily to Russia.
(d) Larceny Sharapka was indicted in a federal district court. At the time
(e) Receiving stolen property of his arrest, government agents found in his possession,
9–3. QUESTION WITH SAMPLE ANSWER: Cyber Scam. among other things, more than three hundred stolen credit-
card numbers, including numbers issued by American
Kayla, a student at Learnwell University, owes Express. There was evidence that he had used more than ten
$20,000 in unpaid tuition. If Kayla does not of the American Express numbers to buy goods worth
pay the tuition, Learnwell will not allow her between $400,000 and $1 million from at least fourteen
to graduate. To obtain the funds to pay the vendors. Did Sharapka commit any crimes? If so, who were
debt, she sends e-mail letters to people that she does not his victims? Explain. [ United States v. Sharapka, 526 F.3d
personally know asking for financial help to send Milo, 58 (1st Cir. 2008)]
her disabled child, to a special school. In reality, Kayla
has no children Is this a crime? If so which one? • To view a sample answer for Problem 9–6, go to this book’s Web
Sample answers to selected Questions and Case Problems are
available in this book’s Appendix I and at the Companion Web Site.
At the end of every chapter in this book, you’ll find a great variety of
questions and case problems that help you retain and apply what you’ve
learned. We’ve provided sample answers at the back of the book and at
www.cengage.com/blaw/clarkson to selected Questions and Case Problems
so you can compare the authors’ answers to yours.
Clarkson 12e Ch02_28-49.indd 41 8/26/10 7:05:28 AM
Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
70828_SE_endshts.indd 1 9/16/10 7:07:54 AM
, In the STUDY GUIDE . . .
resources to ace every test
What better way to study for a test than with
a Study Guide prepared by the co-author of this
textbook. Written by Roger LeRoy Miller and Study Guide
William Eric Hollowell, this comprehensive
resource includes:
Brief introductions and outlines for every
chapter
True-false, fill-in-the-blank, and multiple-choice
questions for every chapter, as well as short
essay problems to help you test yourself
Issue Spotters that focus your study
Sample CPA exam questions
An appendix at the end of the Study Guide
containing answers to all questions and
Issue Spotters
Bookstore doesn’t carry the Study Guide?
You can get it online (ISBN: 0-538-47277-7) at WILLIAM ERIC HOLLOWELL | ROGER LEROY MILLER
www.cengagebrain.com.
BLT&C_SG_cvr.indd 1 8/16/10 12:31:51 PM
FREE RESOURCES!
Visit this book’s Companion Web Site
for many additional study tools
www.cengage.com/blaw/clarkson
Answers to selected Case Problems from
this textbook
Video clips from the Business Law Digital
Video Library (You’ll need to view these
clips to help you answer Video Questions that
appear in selected chapters of this book.)
Interactive self-quizzes for every chapter
Practical Internet exercises for every chapter
Court case updates
Legal reference materials and much more!
Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
70828_SE_endshts.indd 2 9/16/10 7:07:56 AM
, 1st Pass Pages
that help you make the grade
C A S E I N PO I NT Patricia Ostolaza and José Diaz Short Case in Point examples
owned a home on which they had two mortgage
loans and a home equity line of credit provided by
in every chapter make it easy to
Bank of America. Anthony Falcone called them and remember important legal concepts.
said that he could refinance their mortgages in a
manner that would reduce their monthly payments.
Falcone said that he represented Bank of America
Concept Summary boxes located at key points in each
when in fact he represented Countrywide Home
Loans, Inc. At the closing of the new loan, the hom-
eowners were given all of the relevant documents,
including the TILA disclosure statement. The docu-
chapter help you review more effectively for exams.
ments accurately stated the monthly payment under
the new loan, which was higher than the couple’s
original payments. The homeowners later filed a C HAP T E R 2 Courts and Alternative Dispute Resolution 41
lawsuit against Falcone and Countrywide Bank,
alleging fraud. The trial court dismissed the suit, and
the appellate court upheld the dismissal because the
homeowners had been given the opportunity to read
all of the relevant documents, but had not done so.3
3. Ostolaza-Diaz v. Countrywide Bank, N.A., 2010 WL 95145 (4th Type of Court Description
Cir. 2010).
Trial Courts Trial courts are courts of original jurisdiction in which actions are initiated.
1. State courts—Courts of general jurisdiction can hear any case that has not been
specifically designated for another court; courts of limited jurisdiction include,
among others, domestic relations courts, probate courts, municipal courts, and
small claims courts.
2. Federal courts—The federal district court is the equivalent of the state trial court.
Federal courts of limited jurisdiction include the bankruptcy courts and others
Clarkson 12e Ch31_605-622.indd 609 shown in Exhibit 2–27:16:04
8/26/10 on page
AM 38.
Intermediate Courts of appeals are reviewing courts; generally, appellate courts do not have origi-
Appellate Courts nal jurisdiction. About three-fourths of the states have intermediate appellate courts;
in the federal court system, the U.S. circuit courts of appeals are the intermediate
appellate courts.
Supreme Courts The highest state court is that state’s supreme court, although it may be called by
some other name. Appeal from state supreme courts to the United States Supreme
Court is possible only if a federal question is involved. The United States Supreme
Court is the highest court in the federal court system and the final arbiter of the
Constitution and federal law.
198 U N I T T WO TORTS AN D C R I M ES
9–2. Property Crimes Which, if any, of the following crimes 9–6. CASE PROBLEM WITH SAMPLE ANSWER: Credit Cards.
necessarily involves illegal activity on the part of more Oleksiy Sharapka ordered merchandise online
than one person? using stolen credit cards. He had the items sent to
(a) Bribery outlets of Mail Boxes, Etc., and then arranged for
(b) Forgery someone to deliver the items to his house. He sub-
(c) Embezzlement sequently shipped the goods overseas, primarily to Russia.
(d) Larceny Sharapka was indicted in a federal district court. At the time
(e) Receiving stolen property of his arrest, government agents found in his possession,
9–3. QUESTION WITH SAMPLE ANSWER: Cyber Scam. among other things, more than three hundred stolen credit-
card numbers, including numbers issued by American
Kayla, a student at Learnwell University, owes Express. There was evidence that he had used more than ten
$20,000 in unpaid tuition. If Kayla does not of the American Express numbers to buy goods worth
pay the tuition, Learnwell will not allow her between $400,000 and $1 million from at least fourteen
to graduate. To obtain the funds to pay the vendors. Did Sharapka commit any crimes? If so, who were
debt, she sends e-mail letters to people that she does not his victims? Explain. [ United States v. Sharapka, 526 F.3d
personally know asking for financial help to send Milo, 58 (1st Cir. 2008)]
her disabled child, to a special school. In reality, Kayla
has no children Is this a crime? If so which one? • To view a sample answer for Problem 9–6, go to this book’s Web
Sample answers to selected Questions and Case Problems are
available in this book’s Appendix I and at the Companion Web Site.
At the end of every chapter in this book, you’ll find a great variety of
questions and case problems that help you retain and apply what you’ve
learned. We’ve provided sample answers at the back of the book and at
www.cengage.com/blaw/clarkson to selected Questions and Case Problems
so you can compare the authors’ answers to yours.
Clarkson 12e Ch02_28-49.indd 41 8/26/10 7:05:28 AM
Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
70828_SE_endshts.indd 1 9/16/10 7:07:54 AM
, In the STUDY GUIDE . . .
resources to ace every test
What better way to study for a test than with
a Study Guide prepared by the co-author of this
textbook. Written by Roger LeRoy Miller and Study Guide
William Eric Hollowell, this comprehensive
resource includes:
Brief introductions and outlines for every
chapter
True-false, fill-in-the-blank, and multiple-choice
questions for every chapter, as well as short
essay problems to help you test yourself
Issue Spotters that focus your study
Sample CPA exam questions
An appendix at the end of the Study Guide
containing answers to all questions and
Issue Spotters
Bookstore doesn’t carry the Study Guide?
You can get it online (ISBN: 0-538-47277-7) at WILLIAM ERIC HOLLOWELL | ROGER LEROY MILLER
www.cengagebrain.com.
BLT&C_SG_cvr.indd 1 8/16/10 12:31:51 PM
FREE RESOURCES!
Visit this book’s Companion Web Site
for many additional study tools
www.cengage.com/blaw/clarkson
Answers to selected Case Problems from
this textbook
Video clips from the Business Law Digital
Video Library (You’ll need to view these
clips to help you answer Video Questions that
appear in selected chapters of this book.)
Interactive self-quizzes for every chapter
Practical Internet exercises for every chapter
Court case updates
Legal reference materials and much more!
Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
70828_SE_endshts.indd 2 9/16/10 7:07:56 AM
, 1st Pass Pages
