Question-20

State O passed a statute requiring all employers in State O to provide a medical insurance plan for full-time employees. A State O trade association to which many state employers belong brought suit in federal court, asking the court to strike down the statute as unconstitutional. Assume that the State O statute is not preempted by any federal law.Which of the following best reflects the burden of persuasion in this case?

A client presents with sudden-onset wheezing, hypotension, and swelling of the lips. What is the nurse’s priority action?

Logan owned a large parcel of land that he divided into two equal parcels. Thirty years ago, Logan deeded the eastern parcel to Pat by warranty deed, including an easement over the south twenty-five feet of the western parcel for access to the navigable river that ran along the westerly boundary of the western parcel. Logan acknowledged the deed and easement, and Pat recorded the document. The recording officer maintains an alphabetical grantor–grantee index, but no tract index.Pat made no use of the easement until five years ago, one year after Nate, her neighbor, had purchased the western parcel from Logan. Nate had paid at least market value for the western parcel and was not aware of Pat’s easement. Nate objected to Pat’s use of the easement shortly after she began using it, but Pat paid no attention. Pat had reasonable access to a public highway on the easterly boundary of the eastern parcel. Nate sues Pat to quiet his title and to restrain Pat from using the easement over the western parcel.If Pat is successful, what is the likely reason?

Question 15-autism

An act of Congress provides for the payment of Social Security benefits to the disabled children of deceased workers. The benefits are payable even after the child reaches the age of majority, but terminate automatically if the recipient marries, unless the recipient marries a person who is also disabled, in which case the Social Security payments continue.Payton has been disabled since birth, and her father died when she was 14 years of age. She has received Social Security benefits since her father’s death. However, at age 25, Payton married. Her husband is not disabled, and thus her Social Security benefits were summarily terminated. She files suit in federal district court, seeking to compel the government to restore her benefits. Payton asserts, among other things, that there is no logical reason why she should be deprived of benefits when unmarried disabled persons and disabled persons who marry other disabled persons continue to receive them.Which of the following provides the strongest constitutional basis for Payton’s suit?

Lucas owned an apartment building. Needing money to make some repairs and improvements, he went to Brilliant Bank and applied for a loan. Brilliant Bank loaned Lucas $100,000, secured by a mortgage on the apartment building. Last month, Lucas defaulted on his mortgage payments. Brilliant Bank instituted foreclosure proceedings and wishes to take possession of the apartment building in order to collect the rents from the property.Does Brilliant Bank have the right to take possession of the apartment building before foreclosure?

Brandon entered into a private sale with Seth to purchase his home for $300,000. The date for closing was not expressly stated in the written agreement, but Brandon knew Seth had taken a new job in another state, which was scheduled to begin three months from the date of the sales contract. After the sales contract was drafted, both parties reviewed the specific terms. Seth then handed the contract back to Brandon without signing it. Brandon did sign the document, then he set it aside. For the next ten weeks, Seth did not hear from Brandon. Seth attempted unsuccessfully to reach Brandon by phone on several occasions.The following week, Seth was approached by a third party who offered to pay him $350,000 for the house. Seth accepted the offer and sold the house.Brandon called Seth two days later, saying he was ready to deliver a cashier’s check for $300,000 and close the sale. When Seth informed him that the house had already been sold, Brandon brought suit against Seth for breach of contract.Will Brandon prevail in this action?

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Patrick (P) lives in Tustin, CA and has decided to purchase a motorcycle from David (D).  After talking on the phone, they agree to a purchase price of $10,000.  Since Patrick has never driven a motorcycle, David agrees to provide Patrick with 2 lessons as part of the contract.  Patrick asks David to “test drive” the motorcycle before taking possession or providing payment.  During the test drive, Patrick notices a steady stream of oil leaking from the motorcycle.  Patrick tells David he will not pay him until this is fixed.  Patrick gets so excited about the purchase, he goes to a store and buys a new helmet, an expensive jacket, and new leather boots to wear while riding it.  He believes the motorcycle will be perfect once it is fixed. The next day, David receives an offer for his motorcycle from another buyer for $15,000 as is.  David accepts this offer and delivers the motorcycle to the second buyer. Questions: Is there a legally enforceable contract between Patrick and David? Which law applies? Are there any defenses available to David? What, if any remedies are available?