Title: Directions: Read the following fact patterns and provide the information requested.

Directions: Read the following fact patterns and provide the information requested.

1. Your client, Dreamy McSteamy is a popular motocross driver known far and wide for his long black hair, dangerous dark eyes, and zebra-striped motorcycle emblazoned with a purple number 7. Recently, a movie studio released an animated children’s film featuring a handsome, smooth-talking, purple leopard-spotted motorcycle, with the number 7 prominently displayed on the gas tank. McSteamy wishes to file a claim against the studio on the grounds that the film’s “star” bears an uncanny likeness to McSteamy’s public image, and hence, violates his right of publicity.

i. Locate and correctly cite relevant secondary authority

Francis C. Amendola, Annotation, Right of Privacy and Publicity, Generally. 77 C.J.S. § 51 (2017).
ii. Provide your exact search query 

Violation of the right of publicity
iii. State the legal issue/s involved after studying the information therein

After a study of the case presented above, the following legal issues are involved:

The first issue that arises is whether the use of use of the prominent number 7 by the movie studio in releasing an animated children’s film resulted in a commercial exploitation of McSteamy’s public image.

The second issues that arises from the case and which should be determined is whether the acts of the movie studio can be said to be an Invasion of McSteamy’s right of publicity by using his prominent number 7.
iv. Locate an on point case from an Oklahoma State Court

Brill v. Walt Disney Co., 246 P.3d 1099 (Okla. Civ. App. 2010)
v. Does the case appear to work for or against your client?

The case stated in the previous section serves to work against my client for a variety of reasons. To begin with, the District Court found that that the plaintiff did not state a claim. Secondly, according to the Court of Appeal, similarity in colors as well as numbers is not necessarily a level of false representation which can adequately support a claim under the provisions of Deceptive Trade Practices Act. As such, based on the facts of the case and the holdings of the court, it works against my client.

2. Fozze Bear stands convicted for the heinous murder of Miss Piggy. Your supervising attorney is filing an appeal based, in part, on negative comments made by the prosecutor regarding Mr. Bear. Apparently, prosecution referred to the defendant as “evil-doer” and a “son of the Devil” during her closing arguments. On this issue, your office asserts prosecutorial misconduct. The respondent counter-argues that counsel for the defense opened the door to these characterizations when, in his own closing argument, he stated that, “certainly, whoever committed this act is a devil’s spawn.”

i. Locate and correctly cite relevant secondary authority

Tracy Bateman et al., Annotation, Claim of prosecutorial misconduct. 36A Carmody-Wait 2d § 207 (2017).
ii. Provide your exact search query 

Prosecutorial misconduct
iii. State the legal issue/s involved after studying the information therein

After a study of the information from this case study, one of the legal issues that arise is
 whether the personal opinion of the prosecutor in relation to the guilt of the defendant resulted in unavoidable prejudice. The second issue is the use of abusive language in the proceedings that in fact constituted prosecutorial misconduct.

iv. Locate an on point case from the 3rd Circuit of the US Court of Appeals

Reid v. Beard, 420 Fed. Appx. 156(3d Cir. 2011)
v. Review the Court’s Holdings and the relevant headnote from the opinion. Does the case appear to work for or against your client? 

After reviewing the holdings of the court and the relevant headnotes from the opinion, the case appears to work against my client. Specifically, the Court held that that the existing prosecutorial misconduct did not result in an unavoidable prejudice to the defendant. Additionally, the statements constituting prosecutorial misconduct did not rise to the level that would have prevented the jury from entering an objective and true verdict.

3. Clair DeLoon was one of five current roommates in a house where tenants are continually moving in and moving out. An unknown past tenant vacated the premises, leaving behind a VCR and a collection of campy video tapes, frequently enjoyed by later groups of select tenants. When it came time for Clair to move on to more a more luxurious living space, she took the VCR and tape collection with her. One of the remaining tenants has filed a complaint with the police on the grounds that the items did not belong to Clair. Clair is being charged with theft.

i. Locate and correctly cite relevant secondary authority

Judy E. Zelin and Judith Nichter Morris, Annotation, Necessity for demand in cases of conversion, generally 2B Carmody-Wait 2d § 14 27 (2017)
ii. Provide your exact search query 

Ingredients for liability in theft

iii. State the legal issue/s involved after studying the information 

The first legal issues that can be derived from the study of the current case is whether the acts of Clair of moving out with VCR and tape collection which had been left behind by an unknown tenant, constituted theft. Specifically, the issue is to determine whether the actions constituted an exercise of the right of ownership of goods belonging to the other. The second issue is whether the exercise of that right resulted in the exclusion of the owner’s right. The third issue is whether the remaining tenant is the rightful owner of the VCR and tape collection.
iv. Discuss the arguments supporting Clair’s conviction, as well as arguments that can be raised in her defense.

The conviction of Clair can be supported by various arguments. One of the arguments is that she took the VCR and tape collection without the consent and authorization of the owner. Clair was well aware that the items did not belong to her. The second argument is that she did not bother to return them even after realizing that the two items were not hers.

Various arguments can be raised in the defense of Clair. First, the tenant who reported the case is not the owner of the items and, therefore, had no locus standi to report the case to the police. Additionally, it can be argued that the property did not belong to the property owner and cannot, therefore, be assumed to have been part of the lease agreement between the tenants and the proprietor.
v. Correctly cite one case supporting each of the arguments provided above.

 U.S. v. Beard, 713 F.Supp. 285 (S.D. Ind. 1989)