The Unjust Seizure of An Asset with The Intention of Theft Question

SHORT ASSIGNMENT FOR BUSINESS LAWPlease review key terms at the end of the chapter and answer questions 3,
and 4 at the end of chapter 7 and questions 1, and 6 at the end of Chapter
8 in the eText. Please cite to specific eText pages where you found
support for your answers.
3. Baker and others entered a Walmart store shortly after 3:00 a.m. by cutting through the metal door
with an acetylene torch. They had moved some of the merchandise in the store to the rear door, but
the police arrived before the merchandise could be taken from the store. Baker was prosecuted for
larceny. He raised the defense that he was not guilty of larceny because no merchandise had ever left
the store. Is there enough intent and action for a crime? [Tennessee v. Baker, 751 S.W.2d 154 (Tenn.
App.)]
4. Sergeant Kenneth Riley used videos of a fellow officer, not for training purposes, but for purposes
of getting a fellow officer disciplined. He showed the videos to those within the department who
would not have authorization to view them. Riley was indicted for unauthorized use of a computer
and unauthorized access and disclosure of computer data. Riley moved to have the indictment
dismissed. What should the court do with the case and why? [New Jersey v. Riley, 988 A.2d 1252 (N.J.
2009)]
1. Christensen Shipyards built a 155-foot yacht for Tiger Woods at its Vancouver, Washington,
facilities. It used Tiger’s name and photographs relating to the building of the yacht in promotional
materials for the shipyard without seeking his permission. Was this a right of publicity tort because
Tiger could assert that his name and photos were used to attract attention to the shipyard to obtain
commercial advantage? Did the shipyard have a First Amend-ment right to present the truthful facts
regarding its building of the yacht and the owner’s identity as pro-motional materials? Does the fact
that the yacht was named Privacy have an impact on this case? Would it make a difference as to the
outcome of this case if the contract for building the yacht had a clause prohibiting the use of Tiger’s
name or photo without his permission?
6. Juanita DeJesus was seriously injured when hit on the head by a foul ball at a minor league baseball
game and sued the stadium operators for negligence and premises liability. The case progressed to
the Indiana Supreme Court where the Indianapolis Indians urged the State Supreme Court to dispose
of the premises liability and negligence claims in one fell swoop by adopting the so-called Baseball
Rule, which provides that:
a ballpark operator that provides screening behind home plate sufficient to meet ordinary demand for
protected seating has fulfilled its duty with respect to screening and cannot be subjected to liability
for injuries resulting to a spectator by an object leaving the playing field. Should the court adopt this
clear and unambig-uous rule for the national pastime? Does the court have authority to make such a
ruling? How would you decide her negligence claim? [South Shore Base-ball, LLC v. DeJesus, 11 N.E.3d
903 (Ind.)]
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