LAW ASSIGNMENT

Law assignment

Law assignment

Question I: California civil law

California has two types of courts: 58 trial courts, one in each county, and appellate courts. Trial courts are the superior courts; appellate courts are the six districts of the Courts of Appeal and the California Supreme Court. Though the court structures may vary from state to state, one thing is the same; The Court of Appeals is the highest court in the State (commonly called the Supreme Court in other states). With this in mind, the similarities between the Court Structures in Michigan; California; and New York is that each of the State's highest courts entails the same number of seven judges that handles mandatory jurisdiction in administrational; and appellate decisions. Additionally, Michigan's and New York's Court of Claims do not have jury trials.

According to the California Civil Code, there was no Appropriation happened in this case, there is no real identity, name or likeness of Vanna White, and the law do not protect people's right exceed these limited criterions. Samsung and Deutsch used a robot with mechanical features, and not, for example, a manikin molded to White's precise features. Without deciding for all purposes when a caricature or impressionistic resemblance might become a "likeness," the robot only wears similar as White but without her real image; robot was not celebrity's "likeness" within meaning of California Civil Code provision authorizing award of damages against person who knowingly uses another's likeness for purposes of advertising without consent.

Provide and Maintain Security:

This new statute requires non-exempt owners of non-residential, private construction projects costing more than $5 million, or owners of less than a full interest in such projects costing more than $1 million, to provide and maintain a payment bond, an irrevocable letter of credit or a construction security escrow account inuring to the benefit of the original contractor. The amount of such bond, letter of credit, or escrow account must be 25 percent of the contract amount for projects scheduled to be completed within six months, and 15 percent of the contract amount for projects scheduled for six months or more. The bond, letter of credit, or escrow account is intended to secure the owner's timely payment obligations to the general contractor on the project.

Threshold Levels:

Owners of a fee simple interest in the project, defined to include certain leases of 35 years or more, and owners of lesser interests, are obligated to provide the required financial security. If the owner is a fee simple owner or long-term lessee under the statute, the security is required for projects with a construction cost in excess of $5 million. If the owner holds a non-fee simple interest, such as a lease with a term less than 35 years , then the security requirement is triggered for projects costing in excess of $1 million.

Disclosure of Loan Amounts:

At the time of contracting for any construction project covered by §3110.5, the contracting owner must supply to the original contractor a certified copy of the recorded ...