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LAW 531 Entire Course And Final Guide
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LAW 531 Week 1 Quiz (Knowledge Check)
LAW 531 Week 1 DQ 1
LAW 531 Week 1 DQ 2
LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis
LAW 531 Week 2 Quiz (Knowledge Check)
LAW 531 Week 2 DQ 1
LAW 531 Week 2 DQ 2
LAW 531 Week 2 Individual Business Forms Worksheet
LAW 531 Week 2 Learning Team Reflection IRAC Brief
LAW 531 Week 3 Quiz (Knowledge Check)
LAW 531 Week 3 Learning Team Reflection IRAC Brief
LAW 531 Week 3 DQ 1
LAW 531 Week 3 DQ 2
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 (Knowledge Check)
LAW 531 Week 4 DQ 1
LAW 531 Week 4 DQ 2
LAW 531 Week 5 DQ 1
LAW 531 Week 5 DQ 2
LAW 531 Week 5 Individual Assignment Discrimination Scenario Simulation
LAW 531 Week 5 Quiz (Knowledge Check)
LAW 531 Week 5 Learning Team Reflection IRAC Brief
LAW 531 Week 6 Quiz (Knowledge Check)
LAW 531 Week 6 Learning Team Reflection IRAC Brief
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LAW 531 Final Exam Guide (New)
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1. What defense can an employer use to a charge of sexual harassment?
The harassed employee was not made aware of the company’s anti-harassment policies.
The harassed employee took advantage of the preventive measures provided by the company but still could not avoid being harassed.
The employer does not have any complaint mechanisms for employees who are harassed.
The employer used reasonable care to prevent and correct the sexually harassing behavior.
2. Choose the correct statement about the Environmental Protection Agency (EPA).
It is exclusively created to regulate air pollution standards.
It has the power to initiate judicial trials in case of violation of environmental laws.
It does not enforce environmental laws related to the protection of wetlands.
It can enforce federal environmental regulations but cannot make regulations on its own.
3. What is “riba” in the context of Islamic law?
It is a compilation of decisions of the prophet.
It refers to the making of unearned profits.
It is the doctrine of proper behavior.
It refers to independent reasoning.
4. The state of Oriel, Selenasia, enacts a law that imposes a 40 percent tax on automobiles that are made outside of Selenasia and sold in the state. However, Oriel does not impose this tax on Selenasian-made automobiles that are sold in Oriel. This scenario resembles a violation of which clause of the U.S. Constitution?
The Multilateral Treaty Clause
The Bilateral Treaty Clause
The Foreign Commerce Clause
The Treaty Clause
5. Teledor Inc. and Comunika Inc. are two competing cellphone manufacturers. Jane, a customer at Teledor, is told by an employee that Comunika phones have weak battery back-up and are very prone to damage. The employee makes these remarks even though he knows that they are completely false. Jane, who has been contemplating between Teledor and Comunika, is influenced by what she hears and purchases a Teledor phone. What kind of intentional tort should be used against Teledor in this scenario?
Malicious prosecution
Disparagement
Battery
Appropriation
6. Identify an accurate statement about res ipsa loquitur, a special negligence doctrine.
It applies to cases in which injuries that occurred were not foreseeable.
It applies to cases in which the plaintiff also contributed to the negligence.
It applies to cases in which it can be assumed that the defendant was in control of the situation in which the injuries occurred.
It requires the plaintiff to demonstrate how exactly the situation arose out of the negligence of the plaintiff.
7. Identify an accurate statement about the doctrine of comparative negligence.
A person who is partially responsible for causing his or her own injuries cannot file a suit against the other party who partly caused the injuries.
A plaintiff who is partially responsible for causing his or her own injuries cannot recover damages from the defendant.
A plaintiff who is partially responsible for causing his or her own injuries can recover a proportion of the damages from the defendant.
A plaintiff who is partially responsible for causing his or her own injuries can recover all the damages from the defendant.
8. What is true about the applicability of strict liability?
It cannot be applied to products that are defectively manufactured.
It can be applied to sellers who fail to warn of generally known dangers.
It can be applied to products that are defectively packaged.
It cannot be applied to products that were not supported by sufficient instructions.
9. Which statement best describes an injunction as an equitable remedy?
It requires a breaching party to pay damages to the injured party for both actual and foreseeable losses.
It orders a breaching party to perform the acts promised in a contract.
It prohibits a party from performing a particular act that may cause injury to another party.
It allows a court to change the terms of a contract to make them true to the parties’ intentions.
10. Identify the true statement in the context of a franchise arrangement.
The franchisee can sell the franchisor’s products but can never manufacture them.
The franchisor licenses the franchisee to use the former’s trademarks.
The franchisee can manufacture the franchisor’s products but can never distribute them directly to consumers.
The franchisor is essentially the owner of the franchisee.
11. Identify an accurate statement about distributional interest in the context of limited liability companies (LLCs).
A transferee of a distributional interest receives all distributions from the LLC to which the transferor belonged.
A member’s distributional interest can be transferred completely, or partly.
A transferee of a distributional interest automatically becomes a member of the LLC.
A member who transfers his or her distributional interest will no longer be liable for the debts and obligations of the LLC.
12. What is true about consideration in the context of contracts?
It also encompasses performances and services.
It is exclusively in the form of tangible payments such as money or property.
It is typically included in gift promises.
It is an optional component of a written contract that parties can choose to omit.
13. What does a current plaintiff need to prove to succeed in a malicious prosecution lawsuit?
The original plaintiff did not initiate the original lawsuit.
The original lawsuit had probable cause.
The original lawsuit was initiated without malice.
The current plaintiff suffered injury because of the original lawsuit.
14. In which case will a limited partner in a limited partnership have liability that extends beyond the contributions made by him or her?
When the limited partner provides personal guarantee for a loan taken by the partnership
When one of the general partners withdraws from the limited partnership
When the limited partnership is involved in a tort and needs to pay compensation as ordered by the court
When the limited partnership incurs severe losses
15. Identify a difference between publicly held and closely held corporations.
Shareholders of publicly held corporations participate in management activities; shareholders of closely held corporations do not.
Closely held corporations are large; publicly held corporations are comparatively smaller.
Publicly held corporations have many shareholders; closely held corporations have fewer shareholders.
Closely held corporations trade their shares on organized security markets; publicly held corporations do not.
16. Identify a difference between treasury shares and outstanding shares in a corporation.
Outstanding shares are the ones that are repurchased by the corporation; treasury shares are not.
Outstanding shares have the right to vote; treasury shares do not.
Treasury shares are issued by the corporation; outstanding shares are not.
Treasury shares cannot be reissued; outstanding shares can be.
17. What is true about the scope of Good Samaritan laws in the context of special negligence doctrines?
They apply to professionals like lawyers and architects.
They protect professionals from liability for their ordinary and gross negligence.
They apply to medical health professionals.
They protect manufacturers and distributors from product liability.
18. Quenchers Inc., a heath drink manufacturer, launches a new product called Sprint. The packaging of this drink also includes a statement that says “Fifty times healthier than Green.” Green is a product of Booster Inc., another health drink manufacturer. Quenchers has no research data to back this claim. What type of unfair business practice is illustrated in the scenario?
Deceptive advertising
Copyright infringement
Bait and switch
Restraint of trade
19. What statement is true about the powers of the Food and Drug Administration (FDA) in the context of drug regulation?
The FDA can only regulate the manufacture of prescription drugs.
The FDA’s powers are restricted to the regulation of the sale of drugs.
The FDA is not authorized to revoke licenses of drugs that are in use.
The FDA has the authority to license new drugs.
20. Choose the correct statement about limited liability partnerships (LLPs).
They should have one or more general partners personally liable for the debts and obligations of the partnerships.
They do not get flow-through tax benefits.
They cannot have partners who are professionals such as doctors or lawyers.
They are created by state and not federal laws.
21. Identify an accurate statement about the Treaty Clause in the context of the United States and foreign affairs.
It states that a treaty can be formed when one-third of Senate members agree to it.
It states that state governments can pass laws that contradict treaties signed by the federal government.
It states that the U.S. president is the agent of the United States in dealing with foreign nations.
It states that local state governments can also enter into treaties with foreign nations.
22. What is true of the Economic Espionage Act?
It criminalizes the theft of trade secrets through the use of the Internet.
It criminalizes the discovery of trade secrets through reverse engineering.
It provides federal protection exclusively to trademarks and service marks.
It relieves business owners of the obligation to protect their intellectual property.
23. What is true of the necessary elements of an environmental impact statement (EIS) according to the National Environmental Policy Act (NEPA)?
It must mention the environmentalist parties that challenged the proposed action in court.
It must contain a cost-benefit analysis of the proposed federal action and alternative actions.
It must not refer to the expert opinions of engineers, geologists, or other professionals.
It must not mention or describe any alternate actions to the proposed federal action.
24. Which statement is true about the different types of agency relationships?
An employer-employee relationship involves complete transfer of authority to the employee.
A principal-agent relationship involves hiring an employee to enter into contracts on behalf of the principal.
A principal-agent relationship involves assigning an employee a specific physical task to perform.
An employer-employee relationship involves hiring an employee to act as an agent of the employer.
25. Identify an accurate statement about the Equal Pay Act.
The act states that the employer can lower the wages of employees to remedy a wage disparity.
The act states that wages may differ when shift differences are involved.
The act exclusively covers federal workers.
The act does not encompass private-sector employees.
26. What is true of a vertical merger?
It combines the operations of two manufacturers in the same market.
It creates increased market share.
It combines the businesses of a supplier and a customer.
It combines the operations of suppliers in the same market.
27. Tanya and Amit, married for five years, have filed for divorce. They are being assisted by Rebecca in reaching a settlement. Rebecca is a retired judge, who meets with them together, and individually, to discuss the strengths and weaknesses of each of their cases. Which alternative dispute resolution method does this scenario best exemplify?
Mini-trial
Judicial referee
Mediation
Arbitration
28. What is true about Jewish law?
It is based on the teachings in the Vedas.
It is not followed anymore in Jewish home countries.
It includes rules for religious and political aspects of life.
It excludes doctrines related to marriage and inheritance.
29. How does the Marine Protection, Research, and Sanctuaries Act, enacted in 1972, extend environmental protection to the oceans?
By requiring the Environmental Protection Agency (EPA) to create a list of toxic air pollutants
By removing marine sanctuaries in ocean waters
By requiring industries to obtain a permit for dumping wastes into ocean waters
By requiring industries to incur the clean up costs for contaminations caused by them
30. Which statement about personal property is true?
It exclusively refers to tangible property.
It can be owned only by one person.
It refers to property that is movable.
It exclusively encompasses real estate property.
31. What is the primary function of the International Monetary Fund (IMF)?
To create free trade zones for member countries and thereby bring them together
To provide long-term loans to developing countries
To ensure smooth and free trade flow among member countries by settling disputes
To promote international fiscal stability by providing temporary monetary assistance to member countries
32. What is a disadvantage of a sole proprietorship?
The owner has to take up legal responsibility for any torts committed in the business.
The process of forming a sole proprietorship involves many costs.
The sole proprietorship is difficult to dissolve as many shareholders are involved.
The owner is required to present several legal documents to obtain federal approval to start the business.
33. What must a complainant prove in a case of disparate-treatment discrimination?
The employer cited behavioral reasons for rejecting the complainant.
The employer rejected the complainant despite the latter having the required qualifications.
The employer sought applications from people with qualifications better than the complainant’s.
The employer rejected others with the same qualifications.
34. What is true about Title VII of the Civil Rights Act of 1964 in the context of gender discrimination?
It covers discrimination based on sexual orientation.
It does not prohibit discrimination based on pregnancy-related medical conditions.
It covers only women.
It excludes sexual harassment.
35. What is a gift causa mortis?
A gift that is made in anticipation of theft.
A gift that cannot be revoked.
A gift that is made in anticipation of death.
A gift that is made involuntarily.
36. Identify a difference between tenancy by the entirety and community property as forms of concurrent ownership.
Tenancy by the entirety allows a spouse to transfer his or her interest without the other spouse’s consent; community property does not.
Tenancy by the entirety does not grant the rights of survivorship; community property does.
Tenancy by the entirety passes the deceased person’s complete property to the survivor; community property passes only one-half of the property to the survivor.
Tenancy by the entirety applies to married couples; community property does not apply to married couples.
37. Waves, Shimmer, and Mist are manufacturers and sellers of beauty products. Each of these companies independently decides not to sell its products to Redefine, a cosmetic retailer. Which form of vertical restraint does this scenario best exemplify?
Group parallelism
Conscious parallelism
Malicious boycott
Product boycott
38. Identify the true statement about the rights and duties of partners in a general partnership.
A partner in a general partnership has the right to have the transactions of another partner reviewed by a court.
A partner in a general partnership has the right to compete with the partnership by opening another business by himself or herself.
A partner in a general partnership has the right to sue the partnership or another partner at law.
A partner in a general partnership has the right to use the facilities of the business for personal use.
39. Which statement about strict liability is true?
It does not protect bystanders and other individuals who were affected by defective products.
It does not require a contract to be present between the plaintiff and the defendant.
It places liability only on manufacturers and not sellers.
It holds the defendant liable only to the purchaser of a defective product.
40. What is the scope of coverage of Title VII of the Civil Rights Act of 1964?
It applies to state and local governments.
It applies to labor unions with five or more members.
It applies to employers with five or more employees.
It applies to Native American tribes.
41. Identify an accurate statement about Hindu Law.
It is based on the teachings of the Torah.
It currently encompasses doctrines related to marriage.
It includes teachings of rabbis.
It is currently a combination of classical Hindu law and common law.
42. Felicia Carter, a famous singer, finds her poster on a billboard of a music academy. Felicia sues the academy because it did not inform her or seek permission to use her poster. What kind of intentional tort does this scenario best exemplify?
Disparagement
Appropriation
Invasion of the right to privacy
Defamation of character
43. Identify a difference between the International Monetary Fund (IMF) and the World Bank.
The IMF is funded by contributions of developed countries; the World Bank is funded by developing countries.
The IMF has its headquarters in Washington, DC; the World Bank in The Hague, the Netherlands.
The IMF has more than 180 member countries; the World Bank has 60 member countries.
The IMF grants short-term loans to member countries; the World Bank grants long-term loans to developing countries.
44. Tracy goes to a shopping mall, and she unknowingly drops her identity card. After a while, she realizes that the card is missing and starts looking for it. The card is found by Ben who is also at the mall. Ben decides to contact Tracy and return her identity card. In this scenario, what kind of property would Tracy’s identity card be?
Abandoned property
Real property
Mislaid property
Lost property
45. Which scenario best exemplifies race discrimination?
Sarah and Sandeep apply for the same post at Diadem Inc. The recruiter selects Sandeep because he has more work experience than Sarah.
Sarah and Sandeep apply for the same post at Diadem Inc. The recruiter selects Sarah because she has better qualifications and her resume is more impressive.
Sarah and Sandeep apply for the same post at Diadem Inc. The recruiter selects Sarah because Sarah is of the same ethnic group as the recruiter.
Sarah and Sandeep apply for the same post at Diadem Inc. The recruiter selects Sandeep because he believes that a man would suit the job role better.
46. Identify a characteristic of an implied agency.
The agency relationship can be deemed void only with the consent of both the parties.
The agreement of the agency relationship is in written form.
The agency relationship is formed after both the parties have agreed upon common terms.
The degree of authority of an agent is defined by the circumstances and facts of a particular scenario.
47. Identify an accurate statement about the World Trade Organization (WTO).
It has 180 member nations.
It has its headquarters in Washington, DC.
It has a seven-member appellate body that hears appeals.
It has a five-member panel that hears trade disputes.
48. Identify the true statement about the ownership of mislaid property.
The finder of mislaid property gets complete ownership of the property against the owner of the premises in which the property was mislaid.
The original owner cannot reclaim the ownership of mislaid property if it has been in the possession of someone else.
The finder of mislaid property can legally acquire partial ownership of the property from the original owner.
The owner of the region where the property was mislaid is automatically obliged to take care of the property until the rightful owner finds it.
49. What is true about a quitclaim deed?
It is most frequently used among sellers and buyers.
It provides maximum protection to the grantee as it involves complete transfer of ownership to him or her.
It does not include an affirmation that the grantor owns the property that is being transferred.
It is exclusively used during the sale of personal property and cannot be used during the sale of real property.
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50. What is true of the Americans with Disabilities Act (ADA)?
An employer cannot conduct medical examinations of an employee post employment.
An employer can ask a job applicant about the existence, nature, and severity of his or her disability.
An employer can inquire about a job applicant’s ability to perform job-related functions in terms of health.
An employer can conduct preemployment medical examinations.
51. Dany purchases eye drops manufactured by a pharmaceutical company. She unknowingly leaves the bottle of eye drops on her living room table. Dany’s two-year-old daughter finds the bottle and opens it easily. Dany realizes that the seal on the bottle was not strong enough and was removed far too easily. What type of product defect is illustrated in the scenario?
Inadequate instructions
Failure to warn
Defect in packaging
Defect in manufacture
52. Tanvi was the breaching party in a breach of contract lawsuit. The court ordered Tanvi to pay a certain amount of damages to the plaintiff. However, Tanvi refused to pay these damages. The court has now issued a writ that orders the county sheriff to seize and auction the property owned by Tanvi to pay the damages owed to the plaintiff. In this scenario, what kind of writ has been issued in the context of remedies for a breach of contract?
Writ of attachment
Writ of quo-warranto
Writ of garnishment
Writ of payment
53. What is true of the Sherman Act?
It expressly outlaws monopolies.
It does not include criminal sanctions.
It excludes predatory pricing.
It prohibits illegal restraints of trade.
54. The country of Tahomia entered into an agreement with the federal government of Batang to reduce trade barriers between the two countries. However, one state in Tahomia has certain laws that prohibit the sale of Batang-made products. According to the constitution of Tahomia, such rules made by the state will automatically become invalid. This scenario closely resembles which clause of the U.S. Constitution?
The Convention Clause
The Treaty Clause
The Bilateral Treaty Clause
The Foreign Clause
55. Identify the true statement about the formation of a limited partnership.
The contributions made by the partners in a limited partnership do not have to be disclosed.
Limited partnerships can be formed informally among general and limited partners.
Limited partnerships are required to disclose the nature of their business to legal entities.
The name of a limited partnership should always include the surname of the limited partner.
56. Tamara is a content developer at Moon Loop Inc., a content management company. Her job profile involves describing diagrams and flowcharts. She is not allowed to make decisions or sign agreements on behalf of the company. In this scenario, what agency relationship most likely exists between Tamara and Moon Loop Inc.?
Principal-employer relationship
Principal-agent relationship
Employee-agent relationship
Employer-employee relationship
57. What is true of the International Monetary Fund (IMF) as a United Nations agency?
It has its headquarters in The Hague, the Netherlands.
It does not provide loans to member countries.
It is funded by contributions of member countries.
It was established before the Great Depression of the 1930s.
58. StacyMiller Publishers and Scriblotts are two of the largest publishing houses in Paramond. They decide to merge for mutual benefit. What kind of merger does this scenario best exemplify?
Horizontal merger
Vertical merger
Upward merger
Conglomerate Merger
59. Cetria Inc. has been contracted to manufacture fighter jets for the U.S. Army, following specific guidelines and requirements. After a week of flying the first set of delivered jets, the jets start deteriorating and even cause injuries to the fighter pilots. However, Cetria cannot be held liable for these defects and injuries. What defense is most likely to protect Cetria from liability?
Government contractor defense
Generally known danger defense
Assumption of risk defense
Supervening event defense
60. Identify an accurate statement about shareholders.
They elect the board of directors of a corporation.
They handle the daily operations of a corporation.
They have several management duties.
They are agents of a corporation.
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1) Which of the following is a distinguishing feature of a common law legal system?
A. Requiring guilt be proven beyond a reasonable doubt
B. The sole source of law is a comprehensive civil code
C. An appeal process
D. The making of law by the judges and the following of precedent
2) Which best describes the types of agency authority held by officers of a corporation?
A. Vicarious authority
B. Express and obvious authority
C. Implied and apparent authority only
D. Express, implied, and apparent authority
3) If an LLC fails to follow formalities such as keeping minutes of meetings, which of the following is true?
A. Only the managers of a manager-managed LLC will lose limited liability.
B. All members will lose their limited liability.
C. This failure will not result in imposing personal liability on any member.
D. Only the parties responsible for the failure will lose limited liability.
4) 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?
A. Martha is personally liable for the additional $75,000.
B. Martha’s business creditors can collect only the $50,000 of business assets.
C. 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.
D. Once Martha terminates the sole proprietorship, the business creditors cannot even get the $50,000
5) Partners of a general partnership
A. are protected from litigation against the partnership by statute
B. are liable for the obligations of the partnership only to the extent of their capital contributions
C. do not have to pay taxes on the profits of the partnership that are distributed to them
D. are liable for all the obligations of their partnership
6) Which of the following forms of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case through the presentation of evidence?
A. Negotiated settlement
B. Minitrial
C. Mediation
D. Conciliation
7) A ___________ is a court-appointed party who conducts a private trial and renders a judgment
A. fact-finder
B. arbitrator
C. judicial referee
D. negotiator
8) What is a form of alternative dispute resolution that is often used when the parties involved do not want to face one another?
A. Arbitration
B. Fact-finding
C. Minitrial
D. Conciliation
9) Which of the following is true regarding mediation?
A. A mediator often meets with both parties at the same time
B. A settlement agreement is never reached with a mediator.
C. A mediator does not make a decision or award
D. If a settlement agreement is not reached in mediation, then the parties hire a new mediator
10) There are no accountants on the board of the Oriole Corporation, a privately held corporation. The board routinely relies on a Certified Public Accountant (CPA) to explain the financial situation of the corporation. The board does not do an independent analysis of the CPA’s report. In these circumstances, the board is
A. violating a duty of loyalty
B. violating a duty to exercise due care
C. violating the business judgment rule
D. not violating any duty
11) Self-dealing by a director of a corporation can best be described as
A. A breach of a director’s duty of notification
B. A breach of a director’s duty of care
C. A breach of the Business Judgment Rule
D. There was no breach of duty
12) Which of the following is likely to be a breach of a corporate officer’s or director’s duty of care?
A. Failing to anticipate a precipitous drop in consumer demand of the company’s product
B. Failing to make a reasonable investigation of relevant facts
C. Failing to predict the unexpected startup of a new competitor
D. Failing to foresee a sudden rise in the interest rate
13) In what ways may officers and directors be protected by the corporation from liability for actions taken as an officer or director?
A. The officer or director must purchase personal liability insurance to cover such losses.
B. Have the corporation purchase liability insurance and indemnify the officers and directors
C. Officers and directors cannot be protected from liability
D. Officers and directors are automatically protected from liability by virtue of corporate
14) If a plaintiff voluntarily participates in a risky activity that results in injury, what is the most likely defense to a claim that the plaintiff assumed the risk?
A. Contributory negligence
B. Defendant was negligent per se
C. Defendant assumed the risk under the “danger invites rescue” doctrine
D. Comparative negligence
15) Mark is the treasurer of Sky-Hi Tech Corporation and, as such, he is responsible for protecting the assets of the corporation. One of Mark’s subordinates, Jill, is in charge of reconciling the monthly corporate bank statements. Over a period of several months, Jill embezzled a large amount of money from Sky-Hi Tech, covering up the theft using her bank reconciliations. If Mark had adequately supervised Jill, she could not have embezzled this money. Mark’s actions (or inactions) constitute a breach of his duty of
A. due care
B. obedience
C. loyalty
D. good business judgment
16) Barry buys a new sports car. The car sits low to the ground and because of the styling, visibility to the rear is limited. About a month after Barry buys the car, he backs over his pet poodle as he is leaving for work. In his strict liability suit against the car manufacturer, Barry will
A. win because driving a sports car is an inherently dangerous activity
B. win on the basis of design defect
C. win on the basis of packaging defect because the car could have been packaged in a differently styled body
D. lose because he assumed the risk of backing up in a car when he could not see to the rear
17) If a judge rules that a party lost its case because of the Statute of Frauds, the judge has essentially stated which of the following?
A. The losing party purposely deceived the other party about a material fact.
B. The losing party will not be allowed to introduce evidence to contradict a written agreement
C. The losing party cannot enforce an oral contract that should have been in writing
D. The losing party was found by the court to have lied, and therefore will lose the case
18) What does the parol evidence rule do?
A. It limits the ability of parties to written contracts from introducing certain evidence related to the contract.
B. It sets the rules for admissibility of evidence relating to releasing a criminal from a prison term
C. It sets the general rules for the admissibility of evidence in criminal actions
D. It determines which contracts are required to be in writing
19) ABC LLC and XYZ Corp. entered into a contract whereby ABC is to supply XYZ with widgets. After receiving the first shipment of widgets, XYZ finds that the widgets, while meeting the physical standards specified in the contract, do not perform as XYZ anticipated. The contract is silent as to performance specifications, but XYZ suspects that ABC knew that it was manufacturing and supplying widgets that would not perform according to industry standard. XYZ initiates a lawsuit against ABC, alleging that ABC knowingly supplied defective widgets. What process will XYZ use to help it develop its case against ABC?
A. Pleadings
B. Motion for summary judgment
C. Discovery
D. Trial
20) Under the Employee Retirement Income Security Act (ERISA), an employee’s benefits must vest
A. within 10 years
B. by the time of the employee’s retirement
C. in total within 5 years or gradually within 7 years
D. only as provided in the pension plan
21) Which of the following statutes provides that it is legal for employees to organize a union?
A. The Norris-LaGuardia Act
B. The National Labor Relations Act
C. The Labor-Management Relations Act
D. The Worker Adjustment and Retraining Notification Act
22) William was a factory worker at the Spruce Industries plant. When management found out that William is gay, he was fired. The plant’s action is
A. not prohibited under federal law
B. a violation of Title VII
C. a violation of the Equal Pay Act
D. a violation of the Americans with Disabilities Act
23) Janet is manager of a bank. She has all the qualifications to be promoted to bank manager. In fact, she is better qualified than any of the men being considered for the position. However, the owner of the bank believes that bank customers will not accept a woman as bank manager, so the owner promotes one of the males. The owner’s actions would best be described as what?
A. Quid pro quo
B. Hostile work environment
C. Gender discrimination
D. Pregnancy discrimination
24) Which one of the following statutes allows a prevailing party to recover attorney’s fees in an action against the government for an action of an agency?
A. The Freedom of Information Act
B. The Government Compensation Act
C. The Administrative Procedure Act
D. The Equal Access to Justice Act
25) Which of the following would prevent someone from acquiring land by adverse possession?
A. The person never had to fight the original owner to remain on the land
B. The person lived on the land secretly so that the original owner would not find out he or she was there
C. The person lived on the land without the original owner’s permission
D. The person was the only person who lived on the land in question
26) Which of the following would be classified as tangible personal property, as opposed to other property categories, such as fixtures or intangible property?
A. A freestanding desk
B. Built-in cabinets in an office
C. A copyright to a literary work
D. A field of corn
27) As the CEO of a high tech company, you become aware that your chief competitor is working on a new computer program that will revolutionize your industry. You know that if you can find out several key functions about the new product, your own programmers will be able to duplicate the function of the program without actually copying its code. Which of the following actions can you ethically take?
A. Paying the garbage company to deliver the competitor’s garbage to you
B. Hiring a former employee of the competitor and paying her a bonus to tell you the competitor’s secrets
C. Hiring a researcher to review all available information about the competitor, including patents, types and names of employees hired, reports by the competitor, including all SEC filings
D. Hacking into the competitor’s computer systems to find out what you need
28) From a practical perspective, what are some of the elements of Sarbanes-Oxley?
A. Ensuring transparency, accountability and internal controls
B. Ensuring companies are profitable
C. Ensuring that CEOs do not make more than 10 times the lowest paid employee
D. Ensuring that large shareholders do not have board representation
29) Under Title IX of the Sarbanes-Oxley Act, the penalty for someone who certifies “any statements as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport . . .” is
A. no more than $1,000,000.00 or imprisoned no more than 10 years, or both
B. no more than $500,000.00 or imprisoned no more than 6 months, or both
C. no more than $2,000,000.00 or imprisoned no more than 3 years, or both
D. no more than $5,000,000.00 or imprisoned no more than 20 years, or both
30) Which is prohibited under the Sarbanes-Oxley Act?
A. High salaries for corporate executives
B. Using an independent accounting firm for audit purposes
C. Public companies making personal loans to their directors and executives
D. Directors and executives attending board meetings on a regular basis
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Describe a dispute that may arise in a business where it is appropriate to use an ADR process to resolve the dispute. What ADR processes work best to resolve the dispute? Explain your answer. What ADR processes are not suitable for resolving the dispute you have referenced? Explain your response. Try to avoid selecting a dispute mentioned by other students
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Select a product with which you are familiar, or a product that captures your attention. Describe some product liability issues that may arise with that product? What measures can management take to prevent the product liability problems from arising? How can management minimize legal risk involving the product?
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LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis
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Review Exhibit 2.1: Typical State Court System.
Assume that the higher on this chart the case is the more expensive it is for all parties.
Write a memo ona state (not federal) level business dispute. Describeas if you were writing a “white paper” for your boss who wants to know how a case like the one you have chosen would be processed throughout the various legal phases in a state court system.
Because most cases never make it to trial, it is also important to consider alternative methods of dispute resolution. Suppose your selected case was initially submitted to ADR. What methods of ADR would be available to pursue? Which of these ADR methods do you think would be the most appropriate? Why?
Required elements:
· Discuss the differences in costs and benefits of going through traditional litigation and pursuing ADR in this case (Consider for example, why one of the parties in the case you’re looking at may have preferred keeping the case out of court).
· No more than 700 words.
· Format is consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.
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LAW 531 Week 1 Quiz (Knowledge Check)
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1 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 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.
Each shareholder of the corporation will be treated as a limited partner of the limited partnership.
2 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?
Each general partner would receive $30,000, and each limited partner would receive $120,000.
Each general partner would receive $120,000, and each limited partner would receive $30,000.
All partners would receive $75,000, regardless of whether he or she is a general or limited partner.
Each general partner would receive $50,000, and each limited partner would receive $100,000.
3 Which of the following is true of arbitration?
A judicial referee makes recommendations to the parties.
A resolution may or may not be reached.
One party usually drops the case.
Parties can introduce evidence to support their case.
Correct
4 Which type of business formation is typically reserved for professionals such as accountants, lawyers, and doctors?
Limited Liability Partnership (LLP)
S-Corporation
Franchise
Limited Liability Company (LLC)
5 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 solely by whether the primary business is services or goods.
The choice is determined by the Internal Revenue Service based on all the facts and circumstances.
Correct
6 Which of the following is true of a corporation?
A corporation is a separate legal entity.
7 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 should not respond to George’s complaint as an answer implies an admission answer George’s complaint by admitting or denying the allegations George has asserted against her
write a letter to the judge saying that George is mistaken
answer George’s complaint but do not provide any affirmative defenses that George can use against her
Correct
8 When parties agree in advance to adhere to an arbitrator’s decision and award, it is known as
binding arbitration
mediation
appealable
arbitrator discretion
Correct
9 Which of the following is true of The Federal Arbitration Act?
It applies only to breach of contract disputes.
It governs all types of alternative dispute resolution.
It permits an appeal for all arbitration awards.
It provides that arbitration agreements are valid, irrevocable, and enforceable.
Correct
10 Which of the following is true in the creation of a general partnership?
The business cannot operate under a trade name.
The name selected cannot indicate that it is a corporation.
The business name cannot be a fictitious name.
The business name must have the names of all the partners.
Correct
11 Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?
Mediation
Arbitration
Minitrial
Conciliation
Correct
12 Which of the following is true regarding mediation?
A settlement agreement is never reached with a mediator.
Was created by the Federal Mediation Act of 1925.
If a settlement agreement is not reached in mediation, then the parties hire a new mediator.
A mediator does not make a decision or an award.
Correct
13 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.
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.
Neither Ginger nor Fred are liable personally, nor is the partnership, as they did not put the substance in the building.
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.
Correct
14 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 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 distribution, as called for in the agreement, would be enforceable if it had been included in any filings related to the limited partnership.
The provision placing limited partners ahead of general partners is unenforceable, thus all partners would be on an equal footing and ahead of creditors.
Correct
15 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?
nce 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.
Martha is personally liable for the additional $75,000 owed to business creditors.
16 Which of the following is one of the major purposes of a settlement conference?
To contest the local court rules
To conduct discovery for a case
To facilitate the settlement of a case
To structure a settlement payment schedule
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What risks do organizations encounter when they are forced to engage in litigation? What measures should managers take to reduce exposure to those risks?
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Watch the Bullies on the Job video posted in the student materials. As indicated in the video, incivility on the job is becoming prevalent. As a manager, what preventative measures might you take to avoid potential torts within a business context, such as the ones identified in the video?
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LAW 531 Week 2 Individual Business Forms Worksheet
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Complete the Business Forms Worksheet.
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LAW 531 Week 2 Learning Team Reflection IRAC Brief
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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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LAW 531 Week 2 Quiz (Knowledge Check)
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1 How does product disparagement differ from defamation of a nonpublic figure?
Malicious intent is required for the defamation case, but not in the disparagement 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 a disparagement case, but is not required in the defamation case
2 Which of the following is a key element of successful Enterprise Risk Management?
Nondisclosure agreements
Strong investment strategies
Legal counsel
Management commitment
3 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?
Fraud
Negligence
Nuisance
Misrepresentation
4 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.
John can file a negligence lawsuit against the dealership from which he bought the car.
Mary can file a strict liability lawsuit against John.
5 Assuming that statutory requirements have been met, what is protected under merchant protection statutes?
Merchants are protected from product disparagement claims of their competitors.
Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting.
Merchants are protected from the intentional torts of their customers.
Merchants are protected from negligence claims on their business premises.
6 Which best describes assumption of the risk in a negligence case?
The defendant gave advance warning to the plaintiff that an injury would occur.
The plaintiff was involved in an abnormally dangerous activity.
The plaintiff knowingly and willingly subjected herself to a risky activity.
The plaintiff is more at fault than the defendant in causing the accident.
7 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
8 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’s conduct would lead to the kind of injury that the plaintiff suffered?
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 to the plaintiff that the defendant would engage in this conduct?
9 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 package the product
Failure to properly test the product
10 John Harley was on his way home when an assailant stopped his car and threatened to physically harm him for driving on that street. John can sue the assailant to recover damages for
disparagement
battery
assault
libel
11 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
made the product unreasonably dangerous
was caused by the defendant
the defendant was aware of
12 Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process.
ongoing
informal
static
one-time
13 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?
Defect in manufacture
Failure to provide adequate instructions
Failure to warn
Defect in design
14 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
failure to design doctrine
crashworthiness doctrine
defective design doctrine
quality control doctrine
15 According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.
assumption of risk
contributive negligence
comparative negligence
strict liability
16 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
17 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.
Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.
The plaintiff will have to elect whether to sue under 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
18 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
libel
disparagement
slander
19 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?
Disparagement
Intentional misrepresentation
Assault
Professional malpractice
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
Harry, a chartered accountant who earns $200,000 a year
Jerry, a professional football player who earns $2 million a year
George, a retired professor who gets a pension of $50,000 a year
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From your readings, select two legal forms of doing business and explain the differences between the two; the benefits of each; and the liabilities of both forms of businesses. Of the two businesses you selected, which do you consider the preferred form of business operations, and why?
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Think about a contract that you have entered. For that transaction, discuss any legal risks that arose, or might have arisen for you, and what you did, or could have done, to minimize or prevent those risks. Discuss the appropriate resolution for the dispute and the most effective method for dispute resolution for that transaction.
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LAW 531 Week 3 Learning Team Reflection IRAC Brief
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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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LAW 531 Week 3 Quiz (Knowledge Check)
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1 Which of the following types of real property rights can be sold separately from the land?
Buildings and improvements on the land
Minerals in the subsurface
Building fixtures on the land
Improvements under the land
2 Jenson and Johnson enter into a contract that involves Johnson paying Jenson $1,000 for shoveling the snow from his driveway throughout the winter. Jenson, who was paid before work commenced, breached the contract on the very first day. He should refund $1,000 to Johnson as
liquidated damages
restitution
compensatory damages
consequential damages
3 Which of the following examples is a bilateral contract?
Mary pays Bob for Bob’s promise to paint her house on Saturday.
Bob paints Mary’s house and Mary promises to pay Bob on Saturday.
Mary promises to pay Bob if Bob promises to paint her house.
Mary pays Bob for painting her house.
4 If a contract ends in a dispute, and the parties want to have the matter resolved without going to court, which is the most common method for them to pursue?
Mediation
Minitrial
Discovery
Arbitration
5 Wildboards Company introduces a product called a “Rollerboard” for which it is granted a registered trademark. The Rollerboard is a snowboard with a removable row of wheels along the center of the underside. With the wheels attached, the user can attain extremely high speed in hard-packed snow conditions. In addition, many users have found that they can use their snowboards on streets with the wheels attached. This new use of snowboards becomes very popular and many competing snowboard makers introduce similar products. The sport becomes known generally as rollerboarding and most people refer to all such wheeled snowboards as rollerboards. What is the consequence of this scenario?
Wildboards can no longer use the name Rollerboard on its boards.
Competitors must pay royalties to Wildboards for using the term “rollerboard”.
Competitors must put a disclaimer on their boards that they are not the original Rollerboard.
Wildboards cannot stop competitors from using the term “rollerboard” for their products.
6 Under Section 2 of the Uniform Commercial Code (UCC), a contract for the sale of goods must be written if that contract is for what monetary value?
$1,000 or more
$250 or more
$500 or more
$100 or more
7 Which of the two parties are involved in every contract?
An initiator and a responder
A buyer and seller
A breaching party and a nonbreaching party
An offeror and offeree
8 An individual who finds the personal property of another, acquires legal title to that property against the entire world, only if it is what type of personal property?
Lost property
Abandoned property
Mislaid property
Stolen property
9 Both the Statute of Frauds and the Uniform Commercial Code require a valid, enforceable contract to be signed by whom?
Party against whom the contract enforcement is sought
Party enforcing the contract
All parties to the contract
None of the parties to the contract
10 Which of the following examples is a unilateral contract?
Debbie pays Larry for Larry’s promise to paint her house on Saturday.
Larry promises to paint Debbie’s house if Debbie promises to pay him.
Debbie pays Larry for painting her house.
Debbie promises to pay Larry when Larry paints her house.
11 Oral agreements may be legally enforceable contracts with the exception of some types of contracts specified in which law?
Statute of Frauds
Statute of Verbal Contracts
Statute of Limitations
Common Law Statute
12 Contracts are discussed primarily in Sections 2 and 2A of the Uniform Commercial Code pertaining to which of the following transactions?
Sale of real property
Financing of consumer goods
Sale of goods and lease of goods
Sale of commercial goods
13 In order for a response to be considered a legal acceptance to an offer, and not a counter offer, what rule must apply?
The voluntary performance rule
The public law rule
The lapse of time rule
The mirror image rule
14 What is the highest type of ownership estate in real property?
Life estate
Freehold estate
Leasehold estate
Fee simple absolute estate
15 Which of the following is true about the public use doctrine?
A patent will not be granted if the invention was already in public use for one year before filing application
The invention will come into the public domain once its term period has expired
The inventor has to test his invention in the public domain, to measure its validity, before being granted a patent
An invention cannot be used in the public domain prior to it being granted a patent
16 Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also
ask for transfer of any of the offender’s patents to the plaintiff
obtain the offender’s trademarks or brand name as payoff
ask to acquire the offender’s trade secrets as payoff
obtain an injunction prohibiting the offender from divulging the trade secret
17 Some trees were cut down and made into lumber, and the lumber was used to build a house. What type of property were the trees while they were growing, when they were lumber, and when they became part of the house, respectively?
Real, real, personal
Personal, personal, real
Personal, real, real
Real, personal, real
18 What federal statute governs the legal use of electronic contracts?
Uniform Commercial Code
Federal Banking Act of 2010
Federal Enforcement Act
Uniform Computer Information Transactions Act
19 A(n) ________ is an agreement that is stated orally or in written words.
implied-in-law contract
express contract
implied-in-fact contract
quasi-contract
20 Parties enter into a contract for services and one party commits a breach. The party who breached wants to continue with the contract but wants the terms revised. What is his best method of dispute resolution?
Arbitration
Negotiation
Med-Arb
Mediation
21 To create an enforceable contract, which of the following are needed?
Offerer, acceptance, agreement, and consideration
Agreement, consideration, contractual capacity, and a lawful object
Offerer, offeree, agreement, and capacity
Agreement, consideration, objectives, and contractual capacity
22 Which of the following is an equitable doctrine designed to prevent unjust enrichment and unjust detriment where no actual contract exists?
The doctrine of implied-in-law contract
The doctrine of Quantum meruit
The express contract doctrine
The doctrine of formal contracts
23 Which of the following is true when someone mistakenly makes an improvement to the personal property of another?
The party who made the improvement can remove it if this is possible; otherwise, the owner of the property must keep the improvement and must pay the party who improved it the reasonable value of the improvement.
The property owner automatically gets to keep all of the improvement and is not required to pay for it.
The party who made the improvement must remove all easily removable improvements, paying any damages from the removal, otherwise the owner of the property gets to keep the improvement and is not required to pay for it.
The property owner gets to keep the improvement in all cases, but must pay the party who improved it the reasonable value of the improvement.
24 Which of the following is the best definition for the legal term promissory estoppels?
A party to a contract cannot promise to provide illegal consideration
A gift promise made in an estate is valid and legal
A party to a contract cannot withdraw a promise if the other party to the contract relied upon the promise to his or her detriment
A promise made in a contract must be an express promise in order to be valid
25 Consideration, which is required in a contract, consists of which two elements?
Legal value must be given and there must be a bargained-for exchange
Money must be paid and funds received.
Legal value is appropriate and the value is paid.
Money must be received and a promise fulfilled
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Review the Gender Wage Gap video in your class materials. Consider that current statistics show that women are more than half of the current workforce; female employees earn 77 cents for every dollar male employees earn; and women receive more college degrees than men. Do the conclusions in the Gender Wage Gap video conflict with current statistics? As a manager, how would you mitigate and reduce the risk associated with potential claims of gender discrimination in the workplace?
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Select a regulatory or compliance requirement related to employment or the workplace. The requirement may involve workplace safety, wages and hours, or retirement. What obligations does that requirement create for employers and employees? How can managers ensure compliance? Try to avoid discussing regulatory or compliance requirements mentioned by other students. Comment on your classmates posts.
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LAW 531 Week 4 Individual Assignment Contract Creation and Management Simulation
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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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LAW 531 Week 4 Learning Team Reflection IRAC Brief
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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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LAW 531 Week 4 Quiz (Knowledge Check)
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1Under what conditions must an employer allow nonemployee union solicitation on company property?
If the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union
If the union is affiliated with another union that currently represents other employees of the company
If the employees live in a company town such that it would be difficult to solicit the employees off company property
If there is currently no union representing the company’s employees
2 What is the current status of right-to-work laws?
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 will have to pay union dues even if they do not belong to the union.
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 cannot be forced to join a union.
3 Which of the following statutes regulates internal union affairs and establishes certain rights of union members?
The Worker Adjustment and Retraining Notification Act
The Labor Management Relations Act
The National Labor Relations Act
The Labor Management Reporting and Disclosure Act
4 Which of the following powers does the Equal Employment Opportunity Commission have?
Legislate antidiscrimination statutes
Pass amendments to the 1972 Amendments to the Civil Rights Act of 1964
File suits to enforce antidiscrimination statutes on behalf of complainants
Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes
5 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 employee must decide whether to seek a workers’ compensation payment or file an ordinary lawsuit against the employer.
If the employee is dissatisfied with the amount received under the workers’ compensation system, the employee generally then can file an ordinary lawsuit.
The employer can avoid liability if the injured employee was contributorily negligent in causing the injury.
6 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 the conduct and the employee did not take advantage of ive 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 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 ive action.
7 Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?
Race, religion, and sexual orientation
Race, national origin, and sex
Race, national origin, and alien status
Race, national origin, and political affiliation
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How has Sarbanes-Oxley impacted corporate governance? In your opinion, which provision of Sarbanes-Oxley is most difficult for organizations to implement? After you post your initial response to this question, please respond to comments posted by your classmates
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In 2008, Greg, Kim, Phil, and Bob each owned 20 percent of the shares of a million dollar company called Home Health, Inc., and they each served as a member of the board of directors of the company. Alex is also a 20 percent shareholder in the company, but he is not a member of the board of directors.
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LAW 531 Week 5 Individual Assignment Discrimination Scenario Simulation
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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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LAW 531 Week 5 Learning Team Reflection IRAC Brief
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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.
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LAW 531 Week 5 Quiz (Knowledge Check)
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1Officers of a corporation typically can have which types of agency authority to bind the corporation?
Express, transparent, and applied
Express, transparent, and implied
Express, implied, and apparent
Express, applied, and apparent
2If 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 obedience by competing with the corporation
Duty of loyalty by self-dealing
Duty of care by violation of the business judgment rule
Duty of loyalty by usurping a corporate opportunity
3In 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
4According 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?
Federal Communications Commission
Federal Reserve System
United States International Trade Commission
Securities and Exchange Commission
5In 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 Health and Human Services
Secretary of the Interior
Secretary of Homeland Security
Secretary of Commerce
6 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?
Executive power
Licensing
Judicial authority
Rulemaking
7 Under what system of corporate voting by shareholders can a minority shareholder achieve success in electing someone to the board of directors?
Cumulative voting
Straight voting
Proxy voting
Absentee voting
8Unless otherwise stated in the articles of incorporation, a quorum to hold a meeting of the shareholders is generally defined as which of the following?
A majority of shareholders required to be present to vote on a corporate action
The number of shareholder votes necessary to pass an action
The number of registered shareholders eligible to vote at a given time
A committee of directors selected to vote on a corporation action
9 Which of the following is true of the Federal Trade Commission?
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 federal agency created by Congress
It is a corporation subsidized by the federal government
10Which of the following is likely to be a breach of a corporate officer’s or director’s duty of care?
Failing to predict a raw materials shortage resulting from a natural disaster
Failing to react appropriately to a severe rise in the prime interest rate
Failing to anticipate a drop in the consumer demand of the company’s product
Failing to predict the startup of a new competitor
11The Sarbanes-Oxley Act is intended to increase the confidence of the public and investors through increasing which of the following?
Separation of powers
Corporate governance
Director complacency
Corporate veil
12If 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 loyalty
Duty of good faith and fair dealing
Duty of care
Duty of obedience
13In 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?
Army Corps of Engineers Agency
Air Quality Control Agency
National Ambient Air Quality Standards Agency
Environmental Protection Agency
14Which of the following powers do administrative agencies typically have?
Law enforcement, statute interpretation, and dispute resolution
Statute interpretation, law enforcement, and mediation
Rulemaking, statute interpretation, and dispute adjudication
Dispute adjudication, mediation, and rulemaking
15The Sarbanes-Oxley Act prohibits publicly traded companies from making personal loans to whom?
Its majority shareholders
Its executive officers or directors
Its certified public accountants
Its legal counsel
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LAW 531 Week 6 Learning Team Reflection IRAC Brief
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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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1What are the primary sources in the U.S. Constitution of the federal government’s power over international affairs?
The Commerce Clause and the Privileges and Immunities Clause
The Treaty Clause and the Police Power Clause
The Foreign Commerce Clause and the Treaty Clause
The Treaty Clause and the War Powers Clause
2Which 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?
Tying arrangement
Predatory pricing
Price fixing
Group boycott
3Negotiators 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 Canada
The United States and Mexico
The United States, Mexico, and Panama
4Which of the following is codified under the Foreign Sovereign Immunities Act?
The supremacy clause
The act of state doctrine
The choice of forum clause
The principle of restricted immunity
5Which 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?
International Monetary Fund
World Trade Organization
General Agreement on Tariffs and Trade
North American Free Trade Commission
6Three 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 sellers’ illegal per se price fixing.
No. This is not illegal price fixing.
Yes. This is both buyers’ and sellers’ illegal per se price fixing.
Yes. This is buyers’ illegal per se price fixing.
7________ 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
Supremacy Clause
Choice of law clause
Forum-selection clause
8Which of the following products would be covered by the Consumer Product Safety Act?
Automobiles
Aircraft
Firearms
Toys
9 By default, a case involving an international dispute is prosecuted only in
the International Court of Justice
a court in the defendant’s country
a court in the plaintiff’s country
a court in a neutral country
10In 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 have no power over foreign affairs because the U.S. Constitution grants that power exclusively to the federal government.
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.
11Which of the following is provided under the Foreign Sovereign Immunities Act?
It exclusively governs suits against foreign nations that are brought in courts in the United States.
It regulates commerce between the United States and foreign nations.
It endows the president with powers to enter into treaties with foreign nations.
It stipulates the rules for conflict resolution among the DR-CAFTA members.
12Which of the following is required under the Biosafety Protocol sponsored by the United Nations in the year 2000?
Whenever genetically altered foods are offered for sale, comparable food that is not genetically altered must be made available at a comparable price.
All genetically altered foods must be clearly labeled as such.
Nations are free to prohibit the import of genetically altered foods without violating free-trade agreements.
Genetically altered foods must be shipped in separate containers from foods that are not genetically altered.