1. Anita Rodriguez registers multiple domain names resembling the names of famous personalities and companies to gather attention to her personal business. Under the circumstances, can the Anticy bersquatting Consumer Protection Act (ACPA) statute be applied? What are the requirements for its application? 

2. What are some of the criticisms about the North American Free Trade Agreement (NAFTA)?

3. One of the rights specifically granted by the First Amendment to the Constitution is freedom of speech. While this right is usually recognized as belonging to individuals, the First Amendment also encompasses commercial speech. Provide a definition of commercial speech, as well as an example of commercial speech that is protected, and an example of commercial speech that would not be protected by the First Amendment. 

4.  After the disasters in the banking and financial industries in 2008, a number of conflicts of interest were discovered in many

securities firms. Specifically, in many instances, the person/agency who prepared the financial statements for the firm would also verify the accuracy of those statements. Investment bankers and securities analysts of the same firm shared information, and the analysts were paid or pressured by the securities firms to write glowing reports of companies from which the investment bankers of the firm were earning fees. In response to unethical conduct in the securities industry, in 2002 Congress enacted the Sarbanes-Oxley Act (SOX).   

How did SOX try to prevent these conflicts?  

5.  Ray Johnson and his son, David, were waiting for a “walk” sign before crossing a street. A truck owned by Newspaper Agency Corp. (NAC), and operated by its employee Mark Wilson, crossed the intersection and jumped the curb, killing David and injuring Ray. Before reporting for work on the evening of the accident, Wilson had consumed seven mixed drinks containing vodka, and a 27-ounce drink containing two mini bottles of tequila. His blood-alcohol content after the accident was 0.18 percent. Evidence showed that use of drugs and alcohol was widespread at NAC and the company made no effort to stop its use. NAC vehicles had been returned at the end of a shift with beer cans on more than one occasion. Further, evidence showed that an NAC supervisor had seen drivers smoking marijuana at the business and told them to “do it on the road.”   

Ray Johnson sued NAC for wrongful death and for his physical injuries. Is NAC liable for Mark Wilson’s actions? Why or why not? What legal concepts are implicated in these facts?

6.  Todd and Yolanda Robinson are selling their house. One of the reasons they are selling their house is that they have noticed that a large crack is developing in their foundation. Their basement also floods when it rains. They have decided to sell the home themselves and not hire a real estate agent. They are concerned that if a prospective buyer walks through the basement and sees the crack, they will begin asking questions about flooding and then not purchase the house. So, they decided to put a large cabinet in front of the crack in the basement so that it will not be visible when buyers walk through the basement, and they tell prospective buyers that the cabinet stays with the house. They receive a favorable offer and sell the home. Two months later there is a heavy rain in their community which caused a bridge to wash out. Three months after this, the Robinsons get a letter from an attorney who represents the buyers. The letter states that the buyers intend to sue the Robinsons.   

Were the actions of the Robinsons fraudulent? Was the failure to disclose the crack in the foundation a material fact in the transaction? Identify all elements of fraudulent misrepresentation, and whether it applies in this situation.