LAW 421 Flashcards

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Q

Uop LAW 421 Final Guide NEW

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Uop LAW 421 Final Guide NEW
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1) Which of the following does not result in a decision rendered by the hearing officer?
A.  Arbitration
B.  Mediation
C.  Med-arb
D.  Using expert evaluators

2) Jurisprudence is defined as
A. adjudication of law suits
B. the enactment of laws by a government body
C. the science and philosophy of law
D. the duties and obligations owed by a citizen

3) The state of Kansas has enacted a new law requiring all commercial trucks driving on Kansas roads to have special mud flaps installed.

These mud flaps have been proven to make driving in the rain significantly safer due to reduced mist created by trucks driving in the rain,

although data regarding accidents and injuries has not yet been determined. Any truck entering Kansas must have these flaps installed or

will be subject to a significant fine and delay. The cost for purchase and installation of these flaps is $1,000 per truck. In short, trucks must

have these flaps or go around the state. This Kansas law
A. is valid because it only applies to Kansas roads and such a law is entirely intrastate
B. is valid because Kansas’s right to protect its citizens under its police powers will override any outside challenges to this law
C. is invalid because this law is intended to regulate interstate commerce, an enumerated federal power
D. is invalid because although on its face it’s an intrastate law, this statute will have a significant economic effect on interstate commerce

causing an undue burden

4) The power of preemption is derived from
A.  the power of judicial review
B.  the Commerce Clause
C.  the Necessary and Proper Clause
D.  the Supremacy Clause

5) What is the main problem with international courts?
A. Finding judges who understand the complexities of international law
B. Creating a body of law that reflects multiple legal systems
C. Enforcing a ruling on sovereign nations is difficult
D. Lack of recognition from the U.N. and WTO

6) Under the U.S. legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and defendant
A. are all paid by the loser
B. are all paid by the winner
C. are paid for by each side with the plaintiff and defendant paying for their own legal costs
D. are totaled by the court and then for fairness, split in half with each side paying an equal amount

7) Generally, torts law is governed by
A.  state statutory law
B.  state common law
C.  federal statutory law
D.  constitutional law
8) Assumption of risk is a defense to
A.  conversion
B.  negligence
C.  defamation
D.  battery
9) The three stripes on Adidas clothing represents a
A.  trademark
B.  trade dress
C.  trade secret
D.  patent
10) The color or shape of an item, if distinctive, is a
A.  trademark
B.  trade dress
C.  copyright
D.  patent

11) Cybersquatting describes the practice of
A. registering multiple domain names and then selling them back to companies at inflated prices
B. hacking into a company’s website to install a virus or Trojan horse designed to steal information but allow the site to continue

operation
C. using mechanical devises to access a company’s website multiple times to the point that traffic to the site is slowed or blocked
D. hacking into a company’s website to install a virus designed to cause the company’s website to totally cease operation

12) The Digital Millennium Copyright Act (1998) provided each of the following protections EXCEPT
A. manufacturers of CD-Writers were required to pay 2% of their sales into a fund to be distributed to copyright holders because the

CD-Writers could easily copy music and other copyrighted works
B. civil and criminal penalties were established for those who sell or manufacture products or services that circumvent antipiracy software
C. restrictions were placed on analog recorders and camcorders that lack antipiracy features
D. ISPs were relieved of liability for copyright infringement by their users as long as the ISP had no knowledge of the infringement

13) When Maria comes home from work, she finds that her yard has been mowed and trimmed. An hour later, a man comes to her door to

collect payment for the yard work. Maria refuses to pay him because she has never seen him before nor had she hired him to do the work.

Which of the following is accurate?
A. This is an implied, unilateral contract, so she must pay.
B. Maria has received unjust enrichment so a quasi contract is formed, so she must pay.
C. The court would make Maria pay the reasonable cost of the work to be fair to both parties.
D. Maria would not have to pay anything.

14) Where a promise can only be accepted by the performance of the person to whom it is offered is an example of a/an
A.  bilateral contract
B.  unilateral contract
C.  implied contract
D.  quasi contract
15) Each of the following is a discharge by mutual consent EXCEPT
A.  accord and satisfaction
B.  novation
C.  rescission
D.  frustration of purpose

16) Harry sees an AK-47 automatic assault rifle in a gun shop window. He inquires about the price and is told that it is $2,500. Harry signs

a contract promising to pay the $2,500 on Friday, taking possession of the rifle when payment is made. On Thursday, a law is enacted

making the ownership, sale, or possession of an automatic rifle illegal. This contract
A. automatically terminates due to impossibility
B. automatically terminates due to impracticability
C. automatically terminates due to frustration of purpose
D. is enforceable and not affected by the new law because it was entered into before the law took effect

17) Which of the following is rarely awarded in contracts cases?
A.  Consequential damages
B.  Compensatory damages
C.  Punitive damages
D.  Liquidated damages
18) Which of the following is classified as an equitable remedy?
A.  Consequential damages
B.  Reformation
C.  Restitution
D.  Liquidated damages
19) Which of the following would not be considered tangible?
A.  A car
B.  Oxygen
C.  The right of ownership
D.  The pen or pencil you are using

20) With regard to consideration in a sales contract, the UCC differs from the common law in that
A. consideration in a sales contract may be modified without additional consideration
B. consideration exchanged must be equal or very closely equal in sales contracts
C. consideration is not required in sales contracts
D. consideration in a sales contract may be modified as long as additional consideration is provided

21) The UCC will permit an incomplete or slightly ambiguous contract to be enforced using each of the following criteria EXCEPT
A. past commercial conduct
B. industry standards or norms
C. judicial input of any terms necessary to maintain fairness
D. correspondence or verbal exchanges between the parties

22) Two merchant companies have entered into a contract for the sale of goods but have had no prior dealings, which would establish a

course of conduct between them. The UCC will allow gap fillers to apply to their contract regarding missing terms in each of the following

situations EXCEPT
A. they have failed to specify when payment for the goods is to be made
B. they have failed to specify where delivery of the goods is to be made
C. they have failed to specify the quality or grade of the goods to be delivered
D. they have failed to specify the price of the goods to be delivered

23) When a buyer rejects nonconforming goods and purchases the appropriate goods from a different seller, this is an example of which of

the following:
A.  Cover
B.  Specific Performance
C.  Lawsuit for Money Damages
D.  Revoking Acceptance

24) Which of these is not a requirement for disclaiming a warranty?
A. Statutory authorization
B. A conspicuous writing
C. Explaining why the warranty is being disclaimed
D. Including the word merchantability if merchantability is to be disclaimed

25) "What if everyone took these same actions" is a question sometimes called the
A.  universalization approach
B.  utilitarian approach
C.  functionality approach
D.  morality approach
26) The utilitarian approach to moral philosophy was founded by
A.  Jeremy Bentham
B.  Immanuel Kant
C.  Cicero
D.  Kenneth Lay

27) Stan is an investment manager. He has received money from various investors with a promise of very high returns on their investments.

The invested money is not supplying enough capital in order to pay the returns promised, so he has started using new investor’s money to

pay older investors. By advertising and by word of mouth, people are anxious to invest with Stan because of the money being paid, and

with the influx of new investors, he is able to continue operating. Stan is
A. operating an insider trading operation
B. racketeering
C. guilty of conspiracy to defraud
D. operating a Ponzi scheme

28) Ben is the manager of a branch of a large bank. He has regularly taken money from customer’s accounts for his own use and changed

the bank records to cover his actions. Ben is guilty of
A.  a conspiracy
B.  a Ponzi scheme
C.  racketeering
D.  embezzlement

29) The Sarbanes-Oxley Act (2002) imposed stricter regulations on how corporations do business through regulations in each of the

following areas EXCEPT
A.  tax compliance
B.  financial reporting
C.  corporate governance
D.  auditing

30) Joan is the CFO of Para Corp. and is a year from retirement. In order to guarantee herself a very substantial bonus and to boost her

retirement package, she knowingly certifies false financial reports making the company appear to be much more profitable than it really

is. She further takes steps to assure that the financial report was not reviewed through internal controls maintained by Para Corp. Under

the provisions of the Sarbanes-Oxley Act (2002), if her fraud is NOT part of a larger scheme, what criminal penalties are possible for

Joan?
A. $1 million in fines and up to 10 years in prison
B. $2 million in fines and up to 12 years in prison
C. $5 million in fines and up to 15 years in prison
D. $10 million in fines and up to 20 years in prison

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2
Q

Uop LAW 421 Entire Course NEW

A

Uop LAW 421 Entire Course NEW
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LAW 421 Final Exam Guide NEW
LAW 421 Week 1 DQ 1
LAW 421 Week 1 DQ 2
LAW 421 Week 1 DQ 3
LAW 421 Week 1 DQ 4
LAW 421 Week 1 Individual Assignment Role and Functions of Law Paper (3 Papers) NEW
LAW 421 Week 1 The Role and Functions of Law (2 Papers) (New)
LAW 421 Week 2 DQ 1
LAW 421 Week 2 DQ 2
LAW 421 Week 2 DQ 3
LAW 421 week 2 Business Torts & Ethics Presentation NEW
LAW 421 Week 2 Business Torts and Ethics Paper (2 Papers) NEW
LAW 421 Week 3 DQ 1
LAW 421 Week 3 DQ 2
LAW 421 Week 3 DQ 3
LAW 421 Week 3 Team AssignmentContract Law Drafting Exercise (2 Papers) NEW
LAW 421 Week 4 DQ 1
LAW 421 Week 4 DQ 2
LAW 421 Week 4 DQ 3
LAW 421 Week 4 Regulatory Agencies and SOX Presentation (2 PPT) NEW
LAW 421 Week 4 Sarbanes-Oxley Act Paper (2 Papers) NEW
LAW 421 Week 5 DQ 1
LAW 421 Week 5 DQ 2
LAW 421 Week 5 DQ 3
LAW 421 Week 5 Employment Law Case Brief & Presentation (3 PPT) NEW
LAW 421 Week 5 Individual Assignment Discrimination Issues Paper NEW
LAW 421 Week 5 Team Assignment Case Scenarios Grocery, Inc. Presentation (3 Sets) NEW

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3
Q

Uop LAW 421 Week 1 DQ 4

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Uop LAW 421 Week 1 DQ 4
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What are the differences between substantive law, procedural law, criminal law, civil law, common law, and statutory law? Provide examples of each. What U.S. Constitution amendments were implemented to protect the rights of businesses and organizations?

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4
Q

Uop LAW 421 week 2 Business Torts & Ethics Presentation NEW

A

Uop LAW 421 week 2 Business Torts & Ethics Presentation NEW
Check this A+ tutorial guideline at
http://www.homeworkrank.com/law-421-uop/law-421-week-2-business-torts-and-ethics-presentation
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Create a 12- to 15-slide Microsoft® PowerPoint® presentation including detailed speaker notes. The speaker notes should act as the script or text of the presentation. The presentation should include the following:
• Discuss key points of the team’s individual papers.
• Identify those business activities that might result in criminal liability.
• Discuss the influence that intellectual property law has in business.
• Differentiate among the different kinds of torts that might affect a business.
• Defend the collective findings of the learning team and the conclusions.
Format the presentation consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.

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5
Q

Uop LAW 421 Week 1 DQ 1

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Uop LAW 421 Week 1 DQ 1
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To what extent does succession planning—such as for wills, estates, and trusts—affect business? How might these legal topics interact with your current or past job or industry?

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6
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Uop LAW 421 Week 1 DQ 3

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Uop LAW 421 Week 1 DQ 3
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What are some examples of alternative dispute resolutions (ADRs)? What are the advantages and disadvantages associated with ADR versus litigation? What are some examples of arbitration that can occur in your professional and personal life? Explain.

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7
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LAW 421 Week 3 DQ 3

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LAW 421 Week 3 DQ 3

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LAW 421 Week 3 DQ 3

What are the differences between a void contract and a voidable contract? Provide examples. Which party or parties to a voidable contract have the right to disaffirm the contract? Can written agreements be modified orally? Explain why or why not.

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8
Q

Uop LAW 421 Week 1 The Role and Functions of Law (2 Papers) (New)

A

Uop LAW 421 Week 1 The Role and Functions of Law (2 Papers) (New)
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Write a 1,050- to 1,400-word paper in which you discuss the roles of law and courts in today’s business environment. Include the following:
• Explain the origins of the U.S. judicial system and how the judicial system fits into society — including business.
• Differentiate the federal court structure from your state’s court structure.
• Discuss the concept of judicial review.
• Describe the different forms of Alternative Dispute Resolution (ADR) and how they can be used in business.
• Explain how ADR is different from the traditional court system.
• Explain how laws or regulations affect your present job or industry.
Cite a minimum of 3 scholarly references.
Format your paper consistent with APA guidelines.

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9
Q

Uop LAW 421 Week 2 Business Torts and Ethics Paper (2 Papers) NEW

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Uop LAW 421 Week 2 Business Torts and Ethics Paper (2 Papers) NEW
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Imagine you own Springfield Arms Apartments, a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon’s screams attract the attention of Darryl, your resident manager, who comes to Sharon’s aid. Together, Darryl and Sharon drive the intruder off, but not before they both are badly injured by the intruder.
Write a 1,050- to 1,400-word paper in which you include the following:
• Explain whether or not the intruder is liable for his actions.
• Explain your legal duties and responsibilities to Sharon and Daryl.
• Differentiate among some of the potential torts that might arise from this business context.
• Discuss ways to prevent or mitigate the risk of the potential torts.
• Apply ethical principles to this business scenario.
• Discuss what, if any, ethical responsibilities you have to Sharon and Daryl.
Cite to at least four scholarly references.
Format your paper consistent with APA guidelines.

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10
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Uop LAW 421 Week 1 DQ 2

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Uop LAW 421 Week 1 DQ 2
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What are the three branches of government and their functions? How are powers balanced in the U.S. government? How does each branch of government make laws? Provide examples.

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11
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Uop LAW 421 Week 2 DQ 1

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Uop LAW 421 Week 2 DQ 1
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What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples. How does the strict liability doctrine apply to the practice of accounting? Provide examples.

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12
Q

Uop LAW 421 Week 4 Regulatory Agencies and SOX Presentation (2 PPT) NEW

A

Uop LAW 421 Week 4 Regulatory Agencies and SOX Presentation (2 PPT) NEW
Check this A+ tutorial guideline at
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Create an 8- to 10-slide Microsoft® Powerpoint® presentation including detailed speaker notes. Speaker notes should act as the script of text of the presentation. The presentation should include the following:
• Summarize the key points of the individual assignments.
• Summarize the role of the U.S. regulatory agencies on business.
• Identify regulatory compliance requirements for business managerial situations including those that relate to Sarbanes-Oxley Act of 2002 (SOX).
• Defend the collective findings of the Learning Team.
Format your presentation consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.

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13
Q

Uop LAW 421 Week 2 DQ 3

A

Uop LAW 421 Week 2 DQ 3
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AW 421 Week 2 DQ 3
Does the First Amendment to the U.S. Constitution protect defamation? Explain why or why not. What is the relationship between the First Amendment of the U.S. Constitution and censorship when doing business? Explain.

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14
Q

Uop LAW 421 Week 4 DQ 2

A

Uop LAW 421 Week 4 DQ 2
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What are the UCC principles of good faith and reasonableness to sales contracts? What are the different ways that title transfers under UCC Article 2? Which party bears the risk? What distinguishes a sale on approval, sale on consignment, and sale or return under UCC Article 2?

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15
Q

Uop LAW 421 Week 4 Sarbanes-Oxley Act Paper (2 Papers) NEW

A

Uop LAW 421 Week 4 Sarbanes-Oxley Act Paper (2 Papers) NEW

Check this A+ tutorial guideline at
http://www.homeworkrank.com/law-421-uop/law-421-week-4-sarbanes-oxley-act-paper-updated
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Create an 8- to 10-slide Microsoft® Powerpoint® presentation including detailed speaker notes. Speaker notes should act as the script of text of the presentation. The presentation should include the following:
• Summarize the key points of the individual assignments.
• Summarize the role of the U.S. regulatory agencies on business.
• Identify regulatory compliance requirements for business managerial situations including those that relate to Sarbanes-Oxley Act of 2002 (SOX).
• Defend the collective findings of the Learning Team.
Format your presentation consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.

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16
Q

Uop LAW 421 Week 3 DQ 1

A

Uop LAW 421 Week 3 DQ 1
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What are the essential elements necessary to form a valid contract? Provide examples of each. Under what conditions can contractual duties be modified? When does promissory estoppel apply? Provide an example.

17
Q

Uop LAW 421 Week 3 DQ 2

A

Uop LAW 421 Week 3 DQ 2
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What is the difference between a material breach of contract and a nonmaterial breach of contract? What are some examples of legal and equitable remedies available for breach of contracts? What are some legal excuses for nonperformance or other grounds for discharge of contracts? Provide examples.

18
Q

Uop LAW 421 Week 4 DQ 3

A

Uop LAW 421 Week 4 DQ 3
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What are the remedies for contract breach available under UCC Article 2? What are the types of warranties available under UCC Article 2? How do you differentiate between implied and express warranties under UCC Article 2? Provide examples.

19
Q

Uop LAW 421 Week 3 Team AssignmentContract Law Drafting Exercise (2 Papers) NEW

A

Uop LAW 421 Week 3 Team AssignmentContract Law Drafting Exercise (2 Papers) NEW
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Draft a contract clause regarding one of the following topics:
• Dispute Resolution Clause
• Intellectual Property Clause regarding either ownership of IP or Trade Secrets
Write a 700- to 1,050-word paper including the following:
• Discuss the elements necessary to form a valid contract using the contract clause as an example.
• Explain the legal issues addressed by your selected topic/clause and how your contract clause can be applied within a business managerial setting.
• Summarize the potential legal defenses available to contract formation.
• Evaluate the potential remedies for breach of contract that might be available is someone breached the contract you created.
Cite to at least three scholarly sources.
Format your paper consistent with APA guidelines.

20
Q

Uop LAW 421 Week 2 DQ 2

A

Uop LAW 421 Week 2 DQ 2
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What types of intellectual property are used at your organization? How are they protected? What are the advantages and disadvantages of a noncompete clause as opposed to a nondisclosure clause? What privacy and security issues arise when conducting business on the Internet? Provide examples.

21
Q

Uop LAW 421 Week 5 Employment Law Case Brief & Presentation (3 PPT) NEW

A

Uop LAW 421 Week 5 Employment Law Case Brief & Presentation (3 PPT) NEW
Check this A+ tutorial guideline at
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Read “The IRAC method of case study analysis” found in the Week 5 Electronic Reserve Readings.
Select one legal case from the following list and discuss the case with your learning team.
• Case 20.1 Thompson v. North American Stainless, LP
• Case 20.2 Ricci v. Destefano
• Case 21.1 IPB, Inc. v. Alvarez
• Case 21.2 Kasten v. Saint-Gobain Performance Plastics Corp.
• Case 21.3 Staub v. Proctor Hospital
Write a case brief using the IRAC method and format.
Create an 8- to 10-slide Microsoft® PowerPoint® presentation in which your team members summarize the IRAC legal concepts and analyze how these legal concepts within the selected case can be applied within a business managerial setting.
Click the Assignment Files tab to submit your assignment.

22
Q

Uop LAW 421 Week 4 DQ 1

A

Uop LAW 421 Week 4 DQ 1
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How does the UCC define a good? How does the UCC define a merchant? How are the UCC requirements different for a merchant versus a nonmerchant? Provide examples.

23
Q

Uop LAW 421 Week 5 DQ 2

A

Uop LAW 421 Week 5 DQ 2
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What are the elements of a crime? What are some examples of crimes that do not require scienter? What constitutes criminal conduct according to the Racketeer Influenced and Corrupt Organizations Act (1970)? What are the consequences of engaging in these activities? Provide examples.

24
Q

Uop LAW 421 Week 5 Team Assignment Case Scenarios Grocery, Inc. Presentation (3 Sets) NEW

A

Uop LAW 421 Week 5 Team Assignment Case Scenarios Grocery, Inc. Presentation (3 Sets) NEW
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Resource: University Material: Case Scenarios: Grocery, Inc., multimedia link located on the student website

Review the case scenarios and questions associated with scenarios.

Prepare a paper containing your responses to questions in each case scenario. Each question should have a response of at least 350 words.
The week five team assignment calls for responses to seven, often multi part, questions contained in the Grocery scenario; frankly, these questions are so extensive that teams tend to do rather cursory analysis of all the questions rather than the desired detailed and careful analysis.

THEREFORE, the assignment is modified as follows:

First, ignore and do not provide answers to the last two questions of the scenario, i.e., “Who bears the risk? Explain your answer” and “Is there a contract? if so, what are the terms? Explain your answers. Also discuss the use of Supplier’s oral testimony at trial.” Therefore, the team assignment consists of five questions rather than seven.

Second, the remaining five questions do not have equal values as certain questions are far more difficult and comprehensive than others. More emphasis by the team should be placed on the harder questions. The point values of the five questions are respectively 1 (Article II), 3 (renovation project), 3 (Jeff’s car), 3 (Gap Filling) and 4(Tom and Harry).

25
Q

Uop LAW 421 Week 5 DQ 1

A

Uop LAW 421 Week 5 DQ 1
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Section 22-5, “White-Collar Crime,” in Ch. 22 addresses several forms of white-collar crime including that of the Ponzi scheme. Also in that section is a “Business Ethics Perspective” vignette titled “Epic Fraud: Bernie Madoff’s Multibillion-Dollar Ponzi Scheme.” What does this example tell you about business ethics and the need for criminal penalties in order to regulate business?

26
Q

Uop LAW 421 Week 5 Individual Assignment Discrimination Issues Paper NEW

A

Uop LAW 421 Week 5 Individual Assignment Discrimination Issues Paper NEW

Check this A+ tutorial guideline at
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Watch the “You Be The Judge: Religious Discrimination” video.
Write a 700-to 1,050-word paper in which you include the following:
• Analyze the religious discrimination and accommodation issues presented in the video.
• Analyze the elements of the cause of action.
• Analyze the applicable defenses for the case
• Analyze the basis for the judge’s rule
• Discuss what could have been done differently to mitigate the liability involved.
• Differentiate this type of discrimination from other types of discrimination. How is the liability involved different?
Cite a minimum of 3 scholarly sources.
Format your paper consistent with APA guidelines.

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Uop LAW 421 Week 5 DQ 3

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Uop LAW 421 Week 5 DQ 3
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What are some examples of ethical decision making that occur in your past or present job or industry? What are some of the challenges to business ethics faced in today’s business environment? Provide examples.