LRW FALL SEMESTER 2012 PROBLEMS PAGE 1 OF 5

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1 LRW FALL SEMESTER 2012 PROBLEMS PAGE 1 OF 5 PROBLEM ONE 10 Points Directions: Cite to the following case. At this time, the case is not yet published in a reporter. However, it is available on Westlaw. The unique database identifier is 2012 WL A case that has not yet been published is not the same as an opinion that has been designated unpublished by the court. MASSACHUSETTS INSTITUTE OF TECHNOLOGY et al., Plaintiffs-Appellees BLIZZARD ENTERTAINMENT, INCORPORATED et al., Defendants-Appellants Docket Number 1291 Colorado Court of Appeals September 10, 2012, Decided PROBLEM TWO 30 Points Directions: Cite to the portion of the concurrence described below. PETER JACKSON et al., BROTHERHOOD OF TOLKIEN APPRECIATION AND SCHOLARSHIP et al. No SUPREME COURT OF THE UNITED STATES 192 U.S. 398; 493 S. Ct. 2094; 112 L. Ed. 982; 2008 U.S. LEXIS 1822 December 10, 2008, Argued July 29, 2009, Decided CONCURRENCE BY JUSTICE ROBERTS Justice Roberts cites sections 560 through 567 of the Missouri Revised Statutes, published in This appears on page 420 of the United States Reports and page 2102 of the Supreme Court Reporter.

2 LRW FALL SEMESTER 2012 PROBLEMS PAGE 2 OF 5 PROBLEM THREE 15 Points Directions: Cite to text appearing on pages 396 through 399 of the Pacific Reporter in the following case. Supreme Court of Arizona Plaintiff-Appellant: CITY OF PHOENIX Defendant-Appellee: WALTER WHITE; JESSE PINKMAN et al. PROBLEM FOUR 20 Points Case No FG2 364 P. 3d 392; 2007 Az.. LEXIS 555 April 2, 2007, Argued May 19, 2007, Decided Directions: The text below is a sample from a legal memo. On your answer sheet, correct the bolded citations so that they conform to the Bluebook. In Gloria Vanderbilt American Diabetes Association 610 So.2d 501, (Florida Supreme Court 2000), the Florida Supreme Court held that standing to pursue a legal malpractice action is conferred upon those who can show that the testator's intent is frustrated by the negligence of the testator's attorney. This exception has been relaxed in will drafting situations [This citation refers to page 535 of the Gloria Vanderbilt case, which you have referred to elsewhere in the memo as Vanderbilt ] In these cases, even a non-client may have standing to sue for malpractice. Brogan, 844 F.Supp. 753, 756 (S.D.Fla. 1994). However, courts apply this exception narrowly. Id at 556 [This reference refers to page 556 of the Gloria Vanderbilt case]

3 LRW FALL SEMESTER 2012 PROBLEMS PAGE 3 OF 5 PROBLEM FIVE 10 Points Directions: Cite to the bolded portions of the statute. UNITED STATES CODE ***Approved in The selected portion appears in the 2008 publication of the U.S. Code*** TITLE 7. FOOD AND DRUGS CHAPTER 11. LIVESTOCK 1907 Practices involving nonambulatory livestock (a) Report The Secretary of Agriculture shall investigate and submit to Congress a report on-- (1) the scope of nonambulatory livestock; (2) the causes that render livestock nonambulatory; (3) the humane treatment of nonambulatory livestock; and (4) the extent to which nonambulatory livestock may present handling and disposition problems for stockyards, market agencies, and dealers. (b) Authority Based on the findings of the report, if the Secretary determines it necessary, the Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of nonambulatory livestock by stockyards, market agencies, and dealers.

4 LRW FALL SEMESTER 2012 PROBLEMS PAGE 4 OF 5 PROBLEM SIX 20 Points Directions: Cite to the following case. Include subsequent history in the citation. PAUL RYAN on behalf of JOE BIDEN, Plaintiff STATE OF INDIANA, et al., Defendants No UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE 2006 U.S. Dist. LEXIS 39191; 531 F.Supp.3d 666 April 29, 2006, Decided SUBSEQUENT HISTORY: Paul Ryan on behalf of Joe Biden, et al., Plaintiffs State of Indiana, et al., Defendants No UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT DISPOSITION: Reversed App. LEXIS 3029; 2007 FED App ( Cir.); 290 F.3d 984 November 19, 2006, Argued December 10, 2007, Decided December 23, 2007, Filed

5 LRW FALL SEMESTER 2012 PROBLEMS PAGE 5 OF 5 PROBLEM SEVEN 15 Points Directions: Cite to the following case. First Appellate District, Division 2, Court of Appeal of California STEPHEN COLBERT et al., Petitioners SOUTHERN CHRISTIAN PUBLISHING ASSOCIATION, Respondent Ci No Cal. App. 3d 574; 653 Cal. Rptr. 221; 2011 Cal. App. LEXIS 4221 September 19, 2011 Decided