Download Challenges in Fraud & Contract Lawsuit against Sunshine Tours & El Sol Hotel and more Exams Civil procedure in PDF only on Docsity! FINAL EXAMINATION Civil Procedure B Essay Questions Spring 2008 Prof. Brill 1. a) Question 1 is worth 15 points. 15 points b) Question 2 is worth 15 points. 15 points c) The multiple choice questions are worth 40. 40 points e) Scott v. Douglas 30 points 100 points 2. This examination is designed for three hours. However, you may have three and one-half hours to answer it. The additional time is to permit better organization, more careful thinking and neater handwriting. (No credit is given for illegible answers.) The questions will be graded on the quality of analysis, thought and conclusions, not on the number of words. 3. Read the essay questions carefully. Particularly note whether you are to be a judge, advocate, adviser or dispassionate scholar. 4. The multiple choice questions are to be answered on the scantron. Failure to return the multiple choice questions will result in failure in the course. 5. You may use the Supplement and 25 pages of written materials (one sided) to complete this examination. 6. Your grade on the essay questions is based upon the context of your answers and the manner in which you communicate your knowledge. Grades may be lowered for essays that so violate fundamental rules of grammar and style that the reader's ability to comprehend the content is impaired. 7. In answering the essay questions: a) You may answer the questions in any order you wish. b) Begin the answer to each question on a new page of the bluebook. c) Write on each line, but only on one side of the page. (The other page may be used for corrections and belated additions to your answer.) d) On the front of each bluebook, put the number of each question (or questions) answered within. 8. Return your bluebooks, multiple choice questions, scantrons, pencils and qualification sheets. 9. You may keep the essay questions. Essay Question One 1. Desperate for relief from the frozen North, Jane Peterson, a psychologist in St. Paul, Minnesota, signed up for a 7 day tour to an exciting new luxury hotel in the Dominican Republic. The tour was organized and promoted by Sunshine Tours, Inc. a Minnesota corporation with its principal place of business in Minneapolis. In written brochures, slide presentations and oral statements, the hedonistic pleasures of the hotel were advertised - private, two mile long beach; private golf course and tennis courts; cable television in each room; Olympic size fresh water pool. The normal rate at the hotel is $250. But under the vacation package, Jane would pay only $700 for a 7 night day. The cost of meals and the plane flight were not included in the vacation package. Jane and approximately 250 others flew to the Dominican Republic, and checked in at the El Sol Hotel, a Dominican corporation. Jane was bitterly disappointed: drinking water was contaminated; the filthy beach was shared with guests of other hotels and natives; the closet golf and tennis were public facilities, five miles away; the only swimming pool was small and salt water. The rooms had old furniture and were not cleaned regularly; the promised wireless connections did not exist; the shows on television were entirely in Spanish. Jane was not amused. In addition, she suffered from intestinal flu for the last four days. She stayed the seven days only because she had prepaid. Jane has come to your law firm for legal advice. The senior partner has concluded that he can allege, in good faith, a prima facie claim for fraud and breach of contract against both the tour operator and the hotel. He believes this lawsuit is potentially very remunerative to the law firm, and he wants to bring a class action if possible. However, he is concerned that too many difficulties exist with the potential lawsuit. He asks you to write a memo that objectively points out problems and difficulties with the class action law suit. He tells you that because of time limitations, he wants a memo that raises all the problems, even if they cannot be discussed comprehensively. The format of the memo is unimportant; but organization is crucial. In addition, he is seeking solutions to the problems. He reminds you that Minnesota Rule 23 is identical to Federal Rule 23.
