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1. One of the issues before the court in
U.S. Fidelity and Guar. Co. v. Braspetro Oil Services Co., 369 F.3d 34 (2d Cir.
2004) was whether the sureties were liable for $36,700,000 in attorneys’ fees
under the contract provision obligating the sureties to pay “legal costs.”
According to the court, did the contract term legal costs include attorneys’
fees? What was the court’s reasoning?

Using Corpus JurisSecundum or American
Jurisprudence:
a. What is the definition of “abuse of
process”?
b. What is the correct citation for your
answer?

Using Corpus JurisSecundum or American
Jurisprudence:
a. Where an individual has been charged
with criminal conspiracy, can the individual escape liability by proving that
the individual was not at the scene of the crime when the crime was committed?
Why or why not? b. What is the correct citation for your answer?

Using Corpus JurisSecundum or American
Jurisprudence:
a. What is the general duty of a grand
jury?
b. What is the correct citation for your
answer?

Give the citation to the 2008 case from the
United States District Court for the Southern District of Florida in which the
court determined that the cruise ship operator did not have a duty to warn
passengers who had disembarked from the cruise ship of the danger of riding
dune buggies.

Give the citation to the 2000 case from the
United States District Court for the Southern District of New York in which the
court found that the fact that one party to a contract mutilated the contract
had the effect of terminating the party’s right of performance by the other
party but did not terminate the contract.

Give the citation to the 2004 United States
Court of Appeals for the Eighth Circuit case in which the court found that the
defendant could be convicted under the Church Arson Prevention Act, where
defendant’s calls to synagogues, in which he threatened to burn them, did
affect interstate commerce

Give the citation to the 2003 United States
Court of Appeals for the Seventh Circuit case in which thecourt refused to
allow state legislative leaders and the telecommunications union to fi le
amicus curiae briefs because the briefs would cover the same materials covered
by the parties in their briefs and the parties were adequately represented.

Give the citation to the 1997 United States
District Court case from the Northern District of California in which the court
found that a forty-eight-hour search by hospital and coroner for next of kin of
a Danish tourist who had suffered fatal injuries, before harvesting organs of
the tourist, was reasonable and did not give rise to a negligent search claim
on part of the tourist’s parents.