What are three (3) major differences between torts and crimes?

Instructions: This is an open book take-home examination. Be sure to follow the instructions and tips noted with each question. Evaluation of your responses will be based on the accuracy of your answers, the completeness of your explanation, correct use of legal terminology, spelling and grammar. I suggest that you proofread your answers carefully, and that you give yourself plenty of time to reflect on the questions and your answers. Good luck!
Resources: You may use only your course materials and textbook for this exam. The use of any other resources will constitute academic dishonesty and will result in a grade of F for the course. Please do not just copy/paste information from the Internet for your answers as this is easily discoverable and will result in your failing the course. At the end of your exam, you will be required to include the Honor Code Statement indicating that the work you are submitting is your own and that the only resources you used are those noted above.
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1. For each of the contracts described below, explain whether it not it must be in writing and signed in order to be legally enforceable. Fully explain the reasons for your answers. Note: Of course, it is always smart to get contracts in writing. This question concerns the legal enforceability of a contract if the parties choose not to place it in writing. (2 points each)
a) A contract to sell a home and three acres of land in Lancaster County for $215,500
b) A contract to purchase a piano for $900
c) A contract to lease a car for three years
d) A contract to purchase a computer for $475 that regularly sells for $600 but is discounted because
it was returned by another customer
e) A contract to paint the exterior of the library on the Peru State Campus for $23,000
2. Your friend is a writer and she is now the finalist in a poetry reading contest in Kansas City. If she wins, then she will receive a prize of $10,000 plus a trip for two to Paris, France. She tells you that if she wins, she will take you with her on her trip. Excited about the possibility of a trip to Paris, you decide to surprise her and take a vacation day from work to go to watch the contest and give her your emotional support. To your amazement, she wins! Excited about your upcoming travel, you go online shopping and spend much of your savings to buy Paris museum and concert tickets for the dates you will be there. The next time you see your friend, she tells you that she has decided to take someone else to Paris with her. Discuss your rights and the likelihood of success if you sued her for breach of contract. Be sure to use proper legal terminology and analysis. (20 points)
3. The Philadelphia Symphonic Orchestra hired cellist, Brittany Bow, age 16, to play a special tribute to health care workers at a concert scheduled for September 2021. The arrangements were made verbally in June 2020 and the agreement had no provision for what might happen if the event were canceled. Brittany agreed to perform and the Orchestra agreed to pay her $20,000 for her performance. In July 2021, the Orchestra determined that the event had to be canceled because ticket sales were well below expectations and could not support the concert expenses. As a result, the Orchestra would like to cancel its contract with Brittany. Explain whether or not the Orchestra can cancel the contract and on what legal basis. If Brittany had decided that she wanted to cancel the contract, what legal bases might she have for doing so? (20 points)

4. What are three (3) major differences between torts and crimes? Explain each one fully. (20 points)

5. You own a gutter cleaning company. Last week the following sequence of events occurred:
You provided gutter cleaning services at Fountain View Apartments. As you were finishing up and loading the truck, you inadvertently left a metal spike on the grass near the playground.
Later that day a four-year-old child, Bobby, was running between the buildings and tripped over the spike, falling and causing serious injury to his leg. His mom, Tara, heard his cries and rushed out of her apartment to find out what happened. When Tara saw Bobby’s injury, she scooped him up, loaded him into her car and took him straight to the hospital, forgetting that she had food cooking on her stove. By picking up and carrying Bobby, Tara suffered a permanent injury to her back.
An hour later, the burning food ignited and started a fire. The fire spread to the apartment above, occupied by Henry. Henry was able to get out of his apartment in time to avoid injury, but in his haste, he left his winning lottery ticket in his dresser drawer and it burned up with the rest of his furniture. The ticket was worth $400,000 but is now worth nothing. Henry had planned to use the money to pay for surgery for his 12-year-old daughter, Zoey, to fix a kidney problem she has had since birth. Without the surgery, Zoey’s life expectancy is limited to approximately 2 more years.
Bobby, Tara, Henry, and Zoey all filed lawsuits against you for causing their injuries and losses. Discuss the claims of each of these plaintiffs. Upon what legal theory would they likely sue? What are the elements that they would have to prove? Do you have any defenses you might assert? What is the likelihood of their success against you? (20 points)

6. This is a Nebraska statute:
Section 60-6,342 Snowmobiles; carrying firearms; hunting; unlawful.
It shall be unlawful for any person to shoot, take, hunt, or kill or attempt to shoot, take, hunt, or kill any wild animal or bird from or with a snowmobile or for any person to knowingly carry or possess any shotgun or rimfire rifle while operating or riding on a snowmobile, or for any person to knowingly carry or possess any firearm, bow and arrow, or other projectile device on a snowmobile unless such bow and arrow or projectile device is enclosed in a car carrying case or such firearm is unloaded and enclosed in a carrying case.
a) What are the two basic elements of nearly every criminal offense? Explain how those elements are included in the statute above (that is, what words address each of the two elements?) (5 points)
b) What is the evidentiary burden of proof (or burden of persuasion) for criminal cases? How does it differ from the evidentiary burden of proof (or burden of persuasion) for civil cases? (5 points)
Assume that this is what happened: Bill and Joe were camping and hunting in a remote location in central Nebraska. Bill became suddenly ill and Joe decided he needed immediate help. Joe jumped on Bill’s snowmobile and rode it to the nearest farmhouse to ask for emergency assistance. Joe says that he did not know that Bill kept a loaded rifle in a storage case on the side of his snowmobile.
c) Outline how a prosecutor would plan his or her case presentation for the case above against Joe. What elements would need to be proven and what facts would be used to prove each element? (5 points)
d) What defenses would be available to Joe in this circumstance? What evidence might he offer to assert his defenses? Explain your answers. (5 points)
7. Weddings-R-Us provides complete wedding services for couples who wish to marry quickly without the hassle of planning the details. Weddings-R-Us entered into a legally binding contract with Creative Bakery for Creative Bakery to supply gorgeous, elaborate, wedding cakes on demand with just 5 hours’ advance notice. This arrangement allows Wedding-R-Us to advertise that a couple could request a wedding in the morning and be married by that same afternoon with all of the amenities provided, including a gorgeous wedding cake. On July 18, Creative Bakery notified Weddings-R-Us that it was having trouble with its food service license and that it may not be able to provide wedding cakes until the license matter is resolved. Creative Bakery doesn’t know how long this might take. Weddings-R-Us is very nervous about this issue because a couple might come in and request a wedding at any moment and they would be obligated to supply the wedding including a cake. No weddings are scheduled at this time, but it could happen at any moment. What options are available to Weddings-R-Us? Must it wait for a wedding to be requested and for a cake not to be delivered before it can seek any legal remedy from Creative Bakery? Why or why not? What remedies are available to Weddings-R-Us? (30 points)
8. Explain an important new concept that you learned from your Special Study Topic readings and project. Discuss why it is important and how you might use this information in your personal life or professional career. (10 points)

Copy and paste the following statement (appears below in red) onto your test paper. By typing your name and date into the statement, you are certifying that the statement is true.

HONOR CODE STATEMENT:

I hereby certify that I completed this examination on my own and that I did not seek or receive assistance from any person. I understand that cheating is prohibited by Peru State College and that I may be subject to disciplinary action if I am found to have committed any form of cheating on this examination. I certify that this exam represents my own work and that the only resources I used are my course materials and textbook.

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