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1

LAW 531 Week 6 Quiz
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LAW 531 Week 6 Quiz

.) Three of the largest automobile dealers agreed among themselves as to what price they would pay to manufacturers for windshields to put in new vehicles. Would this constitute illegal price fixing? If so, what kind?

Yes. This is both buyers’ and sellers’ illegal per se price fixing.
No. This is not illegal price fixing.
Yes. This is sellers’ illegal per se price fixing.
Yes. This is buyers’ illegal per se price fixing.

2.) ________ is a clause in an international contract that designates which nation’s laws will be applied in deciding a dispute arising out of the contract.

Equal Protection Clause
Choice of law clause
Forum-selection clause
Supremacy Clause

3.) Which of the following is provided under the Foreign Sovereign Immunities Act?

It regulates commerce between the United States and foreign nations.
It exclusively governs suits against foreign nations that are brought in courts in the United States.
It stipulates the rules for conflict resolution among the DR-CAFTA members.
It endows the president with powers to enter into treaties with foreign nations

4.) Negotiators from which of the following nations signed the North American Free Trade Agreement in 1992?

The United States, Mexico, and Canada
The United States and Mexico
The United States, Mexico, and Panama
The United States and Canada

5.) Which of the following is a restraint of trade in which a seller refuses to sell one product to a customer unless the customer agrees to purchase a second product from the seller?

Price fixing
Group boycott
Tying arrangement
Predatory pricing

6.) Which of the following is required under the Biosafety Protocol sponsored by the United Nations in the year 2000?

All genetically altered foods must be clearly labeled as such.
Genetically altered foods must be shipped in separate containers from foods that are not genetically altered.
Nations are free to prohibit the import of genetically altered foods without violating free-trade agreements.
Whenever genetically altered foods are offered for sale, comparable food that is not genetically altered must be made available at a comparable price.

7.) Which of the following is codified under the Foreign Sovereign Immunities Act?

The supremacy clause
The act of state doctrine
The principle of restricted immunity
The choice of forum clause

8.) By default, a case involving an international dispute is prosecuted only in

a court in the plaintiff’s country
a court in the defendant’s country
the International Court of Justice
a court in a neutral country

9.) Which of the following is an international organization of 153 member nations created in 1995 to promote and enforce trade agreements among member countries and customs territories

General Agreement on Tariffs and Trade
North American Free Trade Commission
World Trade Organization
International Monetary Fund

10.) What are the primary sources in the U.S. Constitution of the federal government’s power over international affairs?

The Foreign Commerce Clause and the Treaty Clause
The Commerce Clause and the Privileges and Immunities Clause
The Treaty Clause and the War Powers Clause
The Treaty Clause and the Police Power

11.) In the United States, how may states regulate interactions with foreign nations?

The states can pass laws so long as they do not unduly burden foreign commerce, but the states have no authority to enter into treaties with foreign nations.
The states can pass laws and enter into treaties with foreign nations so long as they do not unduly burden foreign commerce.
The states can pass laws affecting foreign commerce and enter into treaties with foreign nations so long as they first obtain the consent of the Senate.
The states have no power over foreign affairs because the U.S. Constitution grants that power exclusively to the federal government.

12.) Which of the following products would be covered by the Consumer Product Safety Act?

Firearms
Toys
Aircraft
Automobiles

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2

LAW 531 Week 6 Learning Team Reflection Week 6 IRAC Brief
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LAW 531 Week 6 Learning Team Reflection Week 6 IRAC Brief

Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to the following objective.

5.1: Identify applicable regulatory compliance requirements for business situations.

Select a second legal case from a current event that has taken place within the past 2 years relevant to the following objective:

6.1: Evaluate legal risks associated with domestic and international business activity.

Discuss the selected cases with your Learning Team.

Brief the selected cases as a Learning Team.

Write two separate case briefs using the IRAC method.

Write an explanation for each brief of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

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3

LAW 531 Week 5 Quiz
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LAW 531 Week 5 Quiz

Which of the following powers do administrative agencies typically have?

Statute interpretation, law enforcement, and mediation
Law enforcement, statute interpretation, and dispute resolution
Dispute adjudication, mediation, and rulemaking
Rulemaking, statute interpretation, and dispute adjudication

2.) Which of the following is true of the Federal Trade Commission?

It is a federal agency created by Congress
It is a branch of the U.S. Supreme Court
It is a temporary commission created by executive order that has become permanent
It is a corporation subsidized by the federal government

3.) If a corporate officer or director acts in a manner to make use of an advantage that he or she knows will only benefit himself or herself and deprives the corporation of that advantage, what breach of fiduciary duty has been committed?

Duty of care by violation of the business judgment rule
Duty of loyalty by self-dealing
Duty of obedience by competing with the corporation
Duty of loyalty by usurping a corporate opportunity

4.) If a corporate officer in the position of secretary intentionally takes over the powers provided to the treasurer in the corporate documents, what fiduciary duty does that corporate secretary breach?

Duty of care
Duty of good faith and fair dealing
Duty of obedience
Duty of loyalty

5.) Under what system of corporate voting by shareholders can a minority shareholder achieve success in electing someone to the board of directors?

Straight voting
Cumulative voting
Absentee voting
Proxy voting

6.) In 1970, Congress established an administrative agency to enforce statutes enacted to protect the air and water of this country. What is the name of this agency?

Environmental Protection Agency
Army Corps of Engineers Agency
National Ambient Air Quality Standards Agency
Air Quality Control Agency

7.) In order to protect wildlife that may be subject to scarcity, which Executive Branch cabinet member designates which species of wildlife may be endangered or threatened?

Secretary of the Interior
Secretary of Health and Human Services
Secretary of Commerce
Secretary of Homeland Security

8.) Tuff-Steele Constructions, Inc. has not been adhering to appropriate worker safety rules. As a result, there have been an increased number of on-site accidents and several construction workers have sustained serious injuries. Which of the following powers will allow an administrative agency to bring agency proceedings against Tuff-Steele Constructions?

Licensing
Judicial authority
Rulemaking
Executive power

9.) Unless otherwise stated in the articles of incorporation, a quorum to hold a meeting of the shareholders is generally defined as which of the following?

The number of registered shareholders eligible to vote at a given time
A committee of directors selected to vote on a corporation action
A majority of shareholders required to be present to vote on a corporate action
The number of shareholder votes necessary to pass an action

10.) The Sarbanes-Oxley Act is intended to increase the confidence of the public and investors through increasing which of the following?

Corporate veil
Separation of powers
Director complacency
Corporate governance

11.) Which of the following is likely to be a breach of a corporate officer’s or director’s duty of care?

Failing to anticipate a drop in the consumer demand of the company’s product

Failing to react appropriately to a severe rise in the prime interest rate

Failing to predict a raw materials shortage resulting from a natural disaster

Failing to predict the startup of a new competitor

12.) In order to prevent and clear hazardous wastes that increase mortality or serious illness, the federal government established a specific method to finance the cleaning of polluted areas by enacting what statute?

The Comprehensive Environmental Response, Compensation, and Liability Act

The Superfree Act

The Toxic Substances and Control Act

The Insecticide, Fungicide, and Rodenticide Act

13.) The Sarbanes-Oxley Act prohibits publicly traded companies from making personal loans to whom?

Its executive officers or directors

Its majority shareholders

Its certified public accountants

Its legal counsel

14.) Officers of a corporation typically can have which types of agency authority to bind the corporation?

Express, applied, and apparent

Express, implied, and apparent

Express, transparent, and applied

Express, transparent, and implied

15.) According to the provisions set forth by the Sarbanes-Oxley Act, which federal government agency may issue an order prohibiting any person who has committed securities fraud from acting as an officer or a director of a public company?

United States International Trade Commission

Federal Reserve System

Federal Communications Commission

Securities and Exchange Commission

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4

LAW 531 Week 5 Learning Team Reflection IRAC Brief
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LAW 531 Week 5 Learning Team Reflection IRAC Brief

Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to the following objectives:

5.2: Explain the governance principles of regulatory compliance requirements.

5.3: Determine methods for managing legal risk arising from regulatory compliance issues.

Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

Complete the Discrimination Scenario Simulation involving a discrimination issue at the workplace and associated legal issues.

Write responses to the decision points embedded in the simulation.

Download your written responses after completing the simulation. The downloaded document must be submitted to receive credit for the assignment.

Click the Assignment Files tab to submit your assignment.

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5

LAW 531 Week 5 DQ 4
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LAW 531 Week 5 DQ 4

Discuss horizontial and vertical restraints of trade. Which are prohibited and why?

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6

LAW 531 Week 5 DQ 3
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LAW 531 Week 5 DQ 3

Does the USDA and the FDA provide us with adequate protection from harmful foods, drugs, medical devices, drugs and medical procedures?

or
Does the EPA provide us with adequate protection from harmful air and water pollution?

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7

LAW 531 Week 5 DQ 2
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LAW 531 Week 5 DQ 2

Discuss the law of administrative rulemaking and provide an example.

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8

LAW 531 Week 5 DQ 1
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LAW 531 Week 5 DQ 1

Directors and officers are subject to the duty of care and the duty of loyalty.

Discuss the law concerning one of these duties and provide an example.

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9

LAW 531 Week 5 Discrimination Scenario Simulation
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LAW 531 Week 5 Discrimination Scenario Simulation

Complete the Discrimination Scenario Simulation involving a discrimination issue at the workplace and associated legal issues.

Write responses to the decision points embedded in the simulation.

Download your written responses after completing the simulation. The downloaded document must be submitted to receive credit for the assignment.

Click the Assignment Files tab to submit your assignment.

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10

LAW 531 Week 4 Quiz
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LAW 531 Week 4 Quiz

Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?

Race, national origin, and sex
Race, national origin, and political affiliation
Race, religion, and sexual orientation
Race, national origin, and alien status

2.) What is the current status of right-to-work laws?

If a state passes a right-to-work law, then state and local government employees can unionize.
If a state passes a right-to-work law, then individual employees will have to pay union dues even if they do not belong to the union.
Congress has passed a law prohibiting states from passing right-to-work laws.
If a state passes a right-to-work law, then individual employees cannot be forced to join a union.

3.) Under what conditions must an employer allow nonemployee union solicitation on company property?

If the union is affiliated with another union that currently represents other employees of the company

If there is currently no union representing the company’s employees

If the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union

If the employees live in a company town such that it would be difficult to solicit the employees off company property

4.) In a hostile work environment sexual harassment claim, the employer will have a successful defense if the employer can show which of the following?

The employer took reasonable care to prevent or correct the conduct and the employee did not take advantage of corrective or preventive opportunities of the employer to remedy the situation.

The employee was offended by conduct in the workplace and that the employer in good faith did not consider the conduct to be offensive and therefore did not seek to correct or prevent it.

There were no adverse consequences to the employee’s work status, such as a demotion or denied promotion, even though the employer did not proactively address the situation.

The employee stands to personally gain if the persons engaging in the sexual harassment are reprimanded regardless of whether or not the employer did anything to remedy the situation or take corrective action.

5.) Which of the following statutes regulates internal union affairs and establishes certain rights of union members?

The Worker Adjustment and Retraining Notification Act
The National Labor Relations Act
The Labor Management Reporting and Disclosure Act
The Labor Management Relations Act

6.) Which of the following statements is true about workers’ compensation?

The employer is strictly liable for employment-related injuries, and the claim is filed through an administrative procedure rather than an ordinary lawsuit.

The employer can avoid liability if the injured employee was contributorily negligent in causing the injury.

If the employee is dissatisfied with the amount received under the workers’ compensation system, the employee generally then can file an ordinary lawsuit.
The employee must decide whether to seek a workers’ compensation payment or file an ordinary lawsuit against the employer.

7.) Which of the following powers does the Equal Employment Opportunity Commission have?

Pass amendments to the 1972 Amendments to the Civil Rights Act of 1964
Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes
File suits to enforce antidiscrimination statutes on behalf of complainants
Legislate antidiscrimination statutes

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11

LAW 531 Week 4 Learning Team Reflection IRAC Brief
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LAW 531 Week 4 Learning Team Reflection IRAC Brief

Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to this week’s objectives.

Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

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12

LAW 531 Week 4 Individual Assignment Contract Creation And Management Simulation
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LAW 531 Week 4 Individual Assignment Contract Creation and Management Simulation

Complete the Contract Creation and Management Simulation involving a contract issue and associated legal issues.

Write responses to the decision points embedded in the simulation.

Download your written responses on completion of the simulation. The downloaded document must be submitted in order to receive credit for the assignment.

Click the Assignment Files tab to submit your assignment.

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13

LAW 531 Week 4 DQ 4
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LAW 531 Week 4 DQ 4

Big Al is a parking lot attendant who works for the Daily Bugle, a large newspaper. Big Al is also a sumo wrestler in his spare time. He weighs 450 pounds and is in excellent physical condition, although he is classified as being morbidly obese according to weight charts and his doctor. Big Al’s duties at the Daily Bugle are limited to sitting in a chair and collecting money. He has no trouble getting into the small kiosk where he collects parking fees. Admittedly, his chair was a little small, but he replaced it with a larger one.

The Daily Bugle discharged Big Al on the grounds that he is too obese to do his job.

Legally, what will be the result and why?

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14

LAW 531 Week 4 DQ 3
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LAW 531 Week 4 DQ 3

Margaret was working with Morty, a graphic artist, on a major beer account at a large advertising agency located in the US. After a lengthy work meeting, she and Morty returned to his office to pick up some layouts Morty had forgotten to bring. On Morty’s desk and in plain view, Margaret she saw a series of nudes in suggestive poses that Morty had drawn. Morty asked if Margaret would like to see them but Margret didn’t pick them up. Margaret was stunned. She had heard of “Morty’s nudes” through the grapevine, but had never believed they existed. Now, as she stared in shock at the drawings, Morty smiled coyly and asked if she would like a drink. At this point, Margaret opened the door to the office and left.

The following day, Margaret took her first action in defending her rights by filing a lawsuit against Morty and her employer for sexual harassment.

What will be the result?

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15

LAW 531 Week 4 DQ 2
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LAW 531 Week 4 DQ 2

What is the constitutional basis of unionism in the US that permits organizing, picketing and striking. Please discuss.

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16

LAW 531 Week 4 DQ 1
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LAW 531 Week 4 DQ 1

The State of Filbert passed a statute that allows employers to pay nonproductive employees less than productive employees. The law requires annual performance reviews of all employees regardless of race, religion, ethnicity, gender and age and that pay adjustments be made on the basis of productivity. Jennifer is a woman seven months pregnant who has received an annual performance review and a pay adjustment reducing her pay by the percent that her productivity is below the average of all women in her job classification.

Please comment on the legality of this statute as well as Jennifer’s rights under all relevant laws.

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17

LAW 531 Week 3 Learning Team Reflection Week 3 IRAC Brief
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LAW 531 Week 3 Learning Team Reflection Week 3 IRAC Brief

Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to the following objectives:

3.3: Differentiate between personal, real, and intellectual property issues.

3.4: Determine appropriate methods to address potential property issues.

Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

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18

LAW 531 Week 3 DQ 4
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LAW 531 Week 3 DQ 4

Luke and Duke inherited Blueacre (a house) as joint tenants. They leased Blueacre to Bart for a period of twelve years. There was an oral agreement between Luke/Duke and Bart (no written agreement). After Bart had occupied Blueacre for one year, Duke died. In year two of Bart’s occupancy, Edward, the next door neighbor to the north side of Blueacre, put up a fence that was 50 feet onto Blueacre, which represented a sizable amount of money in land. Edward asked Bart if he could put up the fence, and Bart said, “Sure, you have my permission.” In year 11 of Bart’s tenancy, Luke drove by and saw the fence.

Luke wants the fence off Blueacre or he wants cash for the land taken by the fence. Luke also feels Bart is responsible.

What are the rights of Luke, Duke’s family, Edward and Bart?

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19

LAW 531 Week 3 DQ 3
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LAW 531 Week 3 DQ 3

Arthur is a an 12 year old with an IQ of 150. On his birthday, Arthur received a gift of $500 in cash from his Aunt, who told him to buy what he wanted. Since Arthur was interested in stamps, he ordered the “100 Special Stamps a Month” offer for 12 months from the Excelsior Stamp and Coin Company. Arthur was mistaken about the price of the “100 Special Stamps a Month” offer. It was actually $50 a month. Arthur thought it was $5 dollars a month, and sent Excelsior $60, which he thought was full payment. After Arthur sent the $60, he lost all interest in the stamps and ignored all further requests for payment Excelsior.

Excelsior, outraged over Arthur’s delinquent account, has sued Arthur’s parents for $540, representing the balance due. Who wins and why?

If Excelsior loses the contract case, can it sue Arthur for promissory estoppel?

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20

LAW 531 Week 3 DQ 2
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LAW 531 Week 3 DQ 2

Luke went to Larchmont, Inc.’s website to order some merchandise. On the internet order form that Larchmont provided, it said, “ALL WHOLESALE ORDERS MUST BE CALLED IN TO OUR 800 NUMBER. THIS ORDER FORM IS FOR RETAIL ONLY.” Luke was at the website at 3 AM and no one was manning the phones at Larchmont. The fields in the internet order form were malfunctioning and did not automatically supply or calculate information. Luke filled our the internet order form ordering 500 star sapphire toothpick, but only at 50% off list. Luke was not a merchant. He wanted the toothpicks to give to his many friends.

On Monday morning, Larchmont opened Luke’s order and charged his credit card at the full retail price for all 500 units.

Is there a contract, and if so, what is it?

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21

LAW 531 Week 3 DQ 1
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LAW 531 Week 3 DQ 1

Mark has developed a database of pizza recipes, which he has been selling locally as “Pidgeonhole Pizza Recipes,” which he now wants to market nationwide on the world wide web. There is nothing unique about the database design or function, which is similar to other databases already on the market. However, the information in the database is highly original, and therein is its value.

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22

LAW 531 Week 2 Quiz
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LAW 531 Week 2 Quiz

Which of the following is a key element of successful Enterprise Risk Management?

Legal counsel

Strong investment strategies

Nondisclosure agreements

Management commitment

2.) According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.

comparative negligence

assumption of risk

strict liability

contributive negligence

3.) Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation?

Mary can file a negligence lawsuit against the dealership that sold John his car.

Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car.

Mary can file a strict liability lawsuit against John.

John can file a negligence lawsuit against the dealership from which he bought the car.

4.) Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process.

informal
one-time
static
ongoing

5.) Assuming that statutory requirements have been met, what is protected under merchant protection statutes?

Merchants are protected from the intentional torts of their customers.

Merchants are protected from negligence claims on their business premises.

Merchants are protected from product disparagement claims of their competitors.

Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting.

6.) Which of the following is the best statement of the test applied in determining if a defendant’s actions were the proximate cause of the plaintiff’s injuries?

Was it foreseeable that the defendant was the cause of the plaintiff’s injuries given the nature of those injuries?

Was the injury foreseeable to the plaintiff prior to the injury’s occurrence?

Was it foreseeable that the defendant’s conduct would lead to the kind of injury that the plaintiff suffered?

Was it foreseeable to the plaintiff that the defendant would engage in this conduct

7.) Which of the following is a defect in manufacture?

Failure to properly design the product

Failure to include adequate instructions for the product

Failure to properly test the product

Failure to properly package the product

8.) John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for

disparagement
battery
libel
assault

9.) Diane bought an action figure for her son David from Terrence’s Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence’s Toy Shop for damages?

Nuisance
Fraud
Negligence
Misrepresentation

10.) How does product disparagement differ from defamation of a nonpublic figure?

Malicious intent is required for a disparagement case, but is not required in the defamation case

Publication to a third party is required in the defamation case, but not in the disparagement case

Publication to a third party is required in the disparagement case, but not in the defamation case

Malicious intent is required for the defamation case, but not in the disparagement case

11.) The failure to design an automobile that will properly protect the occupants from a person’s body striking something inside their automobile is known as the

defective design doctrine
failure to design doctrine
quality control doctrine
crashworthiness doctrine

12.) Which best describes assumption of the risk in a negligence case?

The plaintiff was involved in an abnormally dangerous activity.
The plaintiff is more at fault than the defendant in causing the accident.
The defendant gave advance warning to the plaintiff that an injury would occur.
The plaintiff knowingly and willingly subjected herself to a risky activity.

13.) Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for

tort of appropriation
misappropriation of the right to publicity
disparagement
intentional misrepresentation

14.) A plaintiff wants to sue a defendant under the tort theory of negligence for his injuries, but the plaintiff knows he was partially at fault for his own injuries. Which of the following is true?

If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence.

The plaintiff will have to elect whether to sue under comparative or contributory negligence.

Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.

A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries

15.) Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for

invasion of privacy
disparagement
libel
slander

16.) In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect that

affected the value of the product

the defendant was aware of

was caused by the defendant

made the product unreasonably dangerous

17.) Bartie’s, Inc. sells watercolors and pastels that are marketed as safe for use by children. However, several accounts of lead poisoning were reported in children who used the products. An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of the heavy metal. Which of the following torts has Bartie’s, Inc. committed?

Intentional misrepresentation
Professional malpractice
Disparagement
Assault

18.) Dorothy purchases a chair that was made by Woode Designs, Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sits on the chair, it breaks and she is injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?

Failure to provide adequate instructions
Failure to warn
Defect in manufacture
Defect in design

19.) Which of the statements below best describes the concept of Enterprise Risk Management?

Management of a single function of an organization that, upon implementation and testing, is then processed entity wide

An approach that capitalizes on human intervention as processed through real change leaders

People, systems, and processes working together across the organizations to systematically thin about and manage a wide range of risks that could impede achieving organizational objectives/opportunity

A process affected by an entity’s leaders, management, and other personnel that is designed to identify potential events that may affect the entity, and to manage risk

20.) George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during takeoff. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?

All the men recover the same amount of damages, irrespective of their income or profession
George, a retired professor who gets a pension of $50,000 a year
Harry, a chartered accountant who earns $200,000 a year
Jerry, a professional football player who earns $2 million a year

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23

LAW 531 Week 2 Learning Team Reflection IRAC Brief
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LAW 531 Week 2 Learning Team Reflection IRAC Brief

Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to this week’s objectives.

Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

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24

LAW 531 Week 2 Individual Assignment Business Forms Worksheet
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LAW 531 Week 2 Individual Assignment Business Forms Worksheet

Complete the Business Forms Worksheet.

Click the Assignment Files tab to submit your assignment.

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25

LAW 531 Week 2 DQ 4
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LAW 531 Week 2 DQ 4

Discuss one defense to negligence or strict liability and explain how it works.

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26

LAW 531 Week 2 DQ 3
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LAW 531 Week 2 DQ 3

How is the issue of intent in strict liability torts different from the intent required in negligence and in intentional torts or for punitive damages?

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27

LAW 531 Week 2 DQ 2
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LAW 531 Week 2 DQ 2

Lou does a lot of driving and frequently gets tired driving at night. He usually pulls over to nap when he gets sleepy, but on this occasion, Lou kept on driving because he wanted to get home for his daughter’s birthday. Unfortunately, Lou dozed off while driving, crossed over the center line, and hit another car. The other driver is injured and his car is seriously damaged.

Is Lou negligent? To determine this, please define and discuss each of the following elements separately. Only if each element is present will Lou be negligent.

1. the duty of reasonable care

2. any breach of that duty

3. Causation

a. cause in fact (also called but for, actual cause or factual cause)

b. proximate cause

4. Damages

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28

LAW 531 Week 2 DQ 1
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LAW 531 Week 2 DQ 1

Joan visited Max on a first date for lunch on his yacht, 1 mile offshore on Biglake, California. After lunch, as Joan approached the launch (motor boat) to return to shore, Max tried to take her by the shoulders to kiss her, but Joan managed to step back and avoid any physical contact. Joan then asked to leave. Max responded by walking over to the launch, releasing it, letting it drift away, and saying, “Leave any time you want.” Joan became angry and pushed Max, which caused him to fall and break his arm.

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29

LAW 531 Week 1 Quiz
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LAW 531 Week 1 Quiz

1.) George has served Mary with a complaint alleging breach of contract. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that she

answer George’s complaint but do not provide any affirmative defenses that George can use against her
should not respond to George’s complaint as an answer implies an admission
write a letter to the judge saying that George is mistaken
answer George’s complaint by admitting or denying the allegations George has asserted against her

2.) Which of the following is true of The Federal Arbitration Act?

It permits an appeal for all arbitration awards.
It provides that arbitration agreements are valid, irrevocable, and enforceable.
It governs all types of alternative dispute resolution.
It applies only to breach of contract disputes.

3.) Which of the following is true of arbitration?
A resolution may or may not be reached.
One party usually drops the case.
Parties can introduce evidence to support their case.
A judicial referee makes recommendations to the parties.

4.) Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?

Mediation
Conciliation
Arbitration
Minitrial

5.) Which of the following is true of a corporation?

A corporation terminates upon the death of an owner.
Corporation shareholders are subject to unlimited personal liability.
A corporation is a separate legal entity.
Corporation owners are only taxed once on earnings.

6.) The Black Squirrel limited partnership has been in operation for many years, but has recently fallen on hard times. The partners have decided to dissolve, although there are few assets remaining in the partnership. Shortly after the partnership filed its certificate of limited partnership, the partners had the foresight to incorporate into their partnership agreement a provision that, in the event of dissolution, the assets would be distributed in payment of claims first to limited partners, then to general partners, then to creditors. Hilda is a limited partner and feels relieved that she will receive at least a portion of her capital. Henry, one of the general partners, said that this provision is void and unenforceable. Which of the following best describes this situation?

The distribution, as called for in the agreement, would be enforceable if it had been included in any filings related to the limited partnership.
The distribution of assets in the event of dissolution is one of the few provisions where the Revised Uniform Limited Partnership Act does not allow modification.
The provision placing the partners ahead of creditors is not enforceable, but the priority of limited partners over general partners is enforceable.
The provision placing limited partners ahead of general partners is unenforceable, thus all partners would be on an equal footing and ahead of creditors.

7.) Fred and Ginger are general partners in a business. They decide to purchase a building for the partnership. Ginger will put up the money for the building, and Fred will complete the remodeling. While inspecting the building, Fred is informed that the building is packed full of asbestos. He fails to tell Ginger of the presence of the substance. They buy the building and go into business. During the remodeling of the building, people from the neighborhood begin complaining about the dust from the building. Some of them even threaten to sue. Who is liable?

Both Ginger and Fred are liable, regardless of the circumstances, by virtue of the fact that they are partners.

Fred is liable because he was put on notice of the presence of the substance. Ginger is not liable because she did not have actual knowledge.

Neither Ginger nor Fred are liable personally, nor is the partnership, as they did not put the substance in the building.

Ginger is liable because she is the one who purchased the building. Fred is not liable, even though he had actual knowledge, because he did not purchase the building.

8.) What is the effect of having a corporation as the general partner of a limited partnership?

Each shareholder of the corporation will be treated as a limited partner of the limited partnership.
Each shareholder of the corporation will be treated as a general partner of the limited partnership.
The liability of the corporate general partner will be limited to the amount of its assets.
The limited liability of the corporation will result in the limited partners having greater liability than they would otherwise.

9.) When parties agree in advance to adhere to an arbitrator’s decision and award, it is known as
mediation
arbitrator discretion
appealable
binding arbitration

10.) Martha started a flower shop as a sole proprietor. After 1 year, she was forced to close the shop because business was so bad. At that time, the business assets totaled $50,000, but the business liabilities totaled $125,000. Which of the following statements is true?

Martha is personally liable for the additional $75,000 owed to business creditors.

Once Martha terminates the sole proprietorship, she is no longer liable for the $50,000.

Martha’s business creditors can collect only the $50,000 now, but if Martha ever goes into business again, they can get the assets of the new business.

Martha’s business creditors can collect only the $50,000 of business assets

11.) Which of the following is one of the major purposes of a settlement conference?

To structure a settlement payment schedule
To facilitate the settlement of a case
To contest the local court rules
To conduct discovery for a case

12.) Which of the following is true about the choice of business entity for an entrepreneur?

The choice is determined solely by the amount of capital invested.
The choice takes into account many factors, including finding an option that has all the characteristics desired.
The choice is determined by the Internal Revenue Service based on all the facts and circumstances.
The choice is determined solely by whether the primary business is services or goods.

13.) Which of the following is true in the creation of a general partnership?

The business name cannot be a fictitious name.
The business name must have the names of all the partners.
The business cannot operate under a trade name.
The name selected cannot indicate that it is a corporation.

14.) Which type of business formation is typically reserved for professionals such as accountants, lawyers, and doctors?

Limited Liability Company (LLC)
Limited Liability Partnership (LLP)
S-Corporation
Franchise

15.) There are two general partners, each of whom contributes $5,000 in capital to a limited partnership. There are two limited partners, each of whom contributes $20,000. The total amount of capital contributed is $50,000. The limited partnership agreement does not stipulate how profits and losses are to be allocated. Assume that the limited partnership makes $300,000 in profits. Under the Revised Uniform Limited Partnership Act (RULPA), how much would each partner receive?

All partners would receive $75,000, regardless of whether he or she is a general or limited partner.
Each general partner would receive $120,000, and each limited partner would receive $30,000.
Each general partner would receive $30,000, and each limited partner would receive $120,000.
Each general partner would receive $50,000, and each limited partner would receive $100,000.

16.) Which of the following is true regarding mediation?

If a settlement agreement is not reached in mediation, then the parties hire a new mediator.
A settlement agreement is never reached with a mediator.
Was created by the Federal Mediation Act of 1925.
A mediator does not make a decision or an award.

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30

LAW 531 Week 1 Individual Assignment The Legal System And ADR Analysis
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LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis

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31

LAW 531 Week 1 DQ 4
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LAW 531 Week 1 DQ 4

. Is a sole proprietorship a business entity? Is a franchise a business entity? Explain why or why not.
. What is piercing the corporate veil? Can it apply to a limited liability company as well as a corporation? Explain.
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32

LAW 531 Week 1 DQ 3
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LAW 531 Week 1 DQ 3

Please discuss the key differences between limited liability company (LLC) and a subchapter S corporation

Please discuss the key differences between a subchapter S corporation and a general corporation (C or G) corporation?

Use the following questions to guide you in your discussion.

1. how are the entities formed (created)?

2. who are the owners of the entities?

3. what kind of liability exposure do the owners of the entities have?

4. how are the entities/owners taxed?

5. how are the entities dissolved according to statute?

6. degree of formality in operating the entities?

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33

LAW 531 Week 1 DQ 2
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LAW 531 Week 1 DQ 2

Please discuss the key differences between a general partnership partnership versus a limited partnership using the following questions to help guide you.

1. how are the entities formed (created)?

2. who are the owners of the entities?

4. what kind of liability exposure do the owners of the entities have?

5. how are the entities/owners taxed?

6. how are the entities dissolved according to statute?

7. degree of formality in operating the entities?

8. do the entities lend themselves to managerial control

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34

LAW 531 Week 1 DQ 1
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LAW 531 Week 1 DQ 1

1. A motion for judgment on the pleadings or a motion for summary jusgment can be decided against a party and can end a case. Select and explain one of these motions and how it can end a case.

2. What is an appeal? Explain.

3. What are the key differences between mediation and arbitration? Why would you choose one over the other?

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35

LAW 531 Complete Course
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LAW 531 Complete Course

LAW 531 Week 1 DQ 1

LAW 531 Week 1 DQ 2

LAW 531 Week 1 DQ 3

LAW 531 Week 1 DQ 4

LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis

LAW 531 Week 1 Quiz

LAW 531 Week 2 DQ 1

LAW 531 Week 2 DQ 2

LAW 531 Week 2 DQ 3

LAW 531 Week 2 DQ 4

LAW 531 Week 2 Individual Assignment Business Forms Worksheet

LAW 531 Week 2 Learning Team Reflection IRAC Brief

LAW 531 Week 2 Quiz

LAW 531 Week 3 DQ 1

LAW 531 Week 3 DQ 2

LAW 531 Week 3 DQ 3

LAW 531 Week 3 DQ 4

LAW 531 Week 3 Learning Team Reflection Week 3 IRAC Brief

LAW 531 Week 4 DQ 1

LAW 531 Week 4 DQ 2

LAW 531 Week 4 DQ 3

LAW 531 Week 4 DQ 4

LAW 531 Week 4 Individual Assignment Contract Creation and Management Simulation

LAW 531 Week 4 Learning Team Reflection IRAC Brief

LAW 531 Week 4 Quiz

LAW 531 Week 5 DQ 1

LAW 531 Week 5 DQ 2

LAW 531 Week 5 DQ 3

LAW 531 Week 5 DQ 4

LAW 531 Week 5 Discrimination Scenario Simulation

LAW 531 Week 5 Learning Team Reflection IRAC Brief

LAW 531 Week 5 Quiz

LAW 531 Week 6 Learning Team Reflection Week 6 IRAC Brief

LAW 531 Week 6 Quiz

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