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BL Writing Assignment #2: Legal Research
Using Westlaw Next as your database resource, research and write an answer to the following questions.
1. Locate the 1969 case where SEMO and a subcontractor sued several construction companies. Please answer the following questions about the case.
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a. What is the citation for this case?
b. Why was SEMO involved?
c. What SEMO building did the contractors work on?
d. Why was the insurance company a defendant?
e. The court in this case cites the “parol evidence rule” (PER). What is the definition of this rule (don’t worry—we will talk about what it means in class)?
2. In Chapter 1 on page 27 of your book (Business Law: Texts and Cases), the authors discuss the case of Regina v. Dudley and Stephens. First, answer questions 1-7 (a) and (b) from the book. Then using Westlaw Next, find out what happened to Mr. Dudley and Mr. Stephens, and cite the supporting document you used to obtain your answer. (Hint: The Dudley case is a British case, so you will not find that decision in Westlaw. Look for another type of source within Westlaw to answer the question.)
3. Locate the case Eveready Battery Co. v. Adolph Coors Co., 765 F. Supp. 440 (1991) and please answer the following questions:
b. What is Eveready asking the court to do?
c. What is Coors’ defense to Eveready’s charge of “bunny” copyright infringement?
d. What did the court say is the only factor that weighs in favor of Eveready in their trademark infringement claim?
e. Did the court find in favor of Eveready or Coors?
If you would like to view the commercial at the center of this controversy, you can view it here: http://youtu.be/wNIyFCMDikI
4. Locate the case Hammer v. Breidenbach, 31 Mo. 49 (1860), and answer the following questions:
a. Briefly describe the nature of the contract between the parties.
b. How did Mr. Breidenbach breach (violate) the contract with the brewery?
c. What remedy was the Plaintiff (the brewery) seeking in this case?
d. What did the court decide and why?
e. This “Bavarian Brewery” later evolved into what famous St. Louis brewing company?