ETH/321 Ethical and Legal Topics in Business

ETH/321 Week 1

Apply: Alternative Dispute Resolution (ADR), Ethics and Risk Management Study
Includes Option #1

Includes Option #2
The purpose of this assignment is to analyze and select an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior, and to develop risk management procedures to avoid or reduce claims and litigation.
Read the following scenario:
Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of the restaurants buy at least 150 pounds of pizza dough from Dazzling Dough Co. in each order. Jerry's Pizza contacted Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with some other items. Dazzling Dough Co. sent Jerry's Pizza a written contract, prepared by Dazzling Dough Co.'s lawyer, stating that "Jerry's Pizza agrees to purchase 200 pounds of pizza dough, pizza toppings, desserts and soft drinks for $30,000." Jerry's Pizza signed and returned the contract.
A few days later, Dazzling Dough Co. sent Jerry's Pizza 125 pounds of pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks. Jerry's Pizza contacted Dazzling Dough Co. about the error in the contract and demanded an extra 75 pounds of pizza dough. Dazzling Dough Co. said there was no error, that Jerry's Pizza signed the contract so they agreed to the terms, and it was not sending the extra pizza dough.
After several attempts to resolve the dispute and a pressing need for dough, Jerry's Pizza terminated the contract and sent Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza dough, pizza toppings, desserts and soft drinks. Jerry's Pizza immediately purchased 75 pounds of pizza dough from another company for $12,000. Both parties are threatening to sue each other for breach of contract. They prefer to resolve the dispute out of court because the contract contains a clause that awards reimbursement of attorney's fees to the winning party.
The board of directors of Jerry's Pizza scheduled a meeting with you and other senior management at the company to discuss the dispute. You'll need to prepare a strategic plan overview (an abbreviated strategic plan, not a full plan) for the board that explains why there is a dispute, suggests various settlement proposals, and provides recommendations on how Jerry's Pizza can avoid this kind of dispute in the future.
Prepare a 525- to 875-word strategic plan overview to resolve the legal dispute for the board (use the bullet point headings provided below to format your overview) addressing the following:
• Summary of Dispute
• Identify the source of the dispute.
• Identify each party's interpretation of the contract language.
• Identify whether each party's interpretation is reasonable.
• Identify any missing facts that would be helpful to know in order to resolve the dispute.
• Proposed Revisions to Contract Language
• Recommend specific revisions to the contract's language so that it is clear what Jerry's

    Pizza expected to buy and what Dazzling Dough Co. is required to deliver.
• Ethical Considerations
• Explain the ethical considerations for a company to enforce specific terms of a

    contract against another company if the other company is mistaken about what was

    agreed to. Discuss the factors that should be considered.
• Recommendations
• Two to three possible settlement options (e.g., pay for the disputed dough, reduce the

    amount of dough to be purchased, split the difference, refuse to pay, etc.)
• Two to three methods of dispute resolution (e.g., negotiation, mediation, arbitration,

    litigation, etc.) that Jerry's Pizza can propose to Dazzling Dough Co.

• Create a one-page visualization to represent the information you provide in this

    assignment.

• Use the Table, SmartArt, or Chart visual representation options available in Microsoft

    Word by clicking on the Insert tab located on the ribbon at the top of the window.

     Locate the Word Help function in the version of Microsoft® Word that is installed on

     your computer for assistance.
Click the Assignment Files tab to submit your assignment.

Week 1 Discussion Questions (Included)

NOTE: Class questions change depending on which Instructor you have, so these questions below may not match exactly.

Supporting Activity: Ethics

Why should a company care about Ethics?

Supporting Activity: Common Law

What are some positives of the Common Law?

Supporting Activity: Venue and Jurisdiction

What is the deference between Venue and Jurisdiction?

Supporting Activity: 5th Amendment

The 5th Amendment requires the government to act with Due Diligence. What does that mean?

Supporting Activity: Binding Arbitrations and Mediation

What is the difference between Binding Arbitration and Mediation?

Supporting Activity: ADR vs. Litigation

What are some pros of ADR vs. Litigation?

Supporting Activity: Theories of Ethics

What are the philosophical constructs of ethics?  In other words, what are some of the theories about right and wrong used by philosophers to discuss ethics?  Give examples.  How do these relate to business?

Supporting Activity: What is ADR?

Class, what is ADR?  What is it "alternative" to?  Define the following forms of ADR:

Mediation, Arbitration. Have you ever been involved with either type of ADR?

ETH/321 Week 2

Apply: Duties of Corporate Directors and Officers

Instructions:
The purpose of this assignment is to explain the legal duties imposed on corporate directors and officers, to determine whether a director or officer has violated his or her legal duties to the corporation, and to evaluate how a violation of such duties may negatively affect the corporation and its shareholders.
Read the following scenario.
Fitzgerald Foods is a food processing corporation. In the past year, three directors were forced to leave Fitzgerald Foods after it was discovered the directors breached their legal duties to the corporation. Two of the directors were also officers of the corporation. The chairman of the board at Fitzgerald Foods is concerned that the remaining directors don't understand their legal duties to the corporation and that new directors won't understand their duties either.
You are the chief executive officer (CEO) of the corporation. The chairman of the board asked you to work with the corporation's legal counsel to create a company policy document for directors and officers about their legal duties to the corporation.
Develop a 700- to 1,050-word company policy (template provided) for Fitzgerald Foods' directors and officers completing the following:
• Legal Duties of Directors and Officers (a heading from policy document)
• Explain the legal duties of directors and officers to the corporation, including the

   "business judgment rule."
• Benefits of Compliance (a heading from policy document)
• Discuss the benefits of compliance for Fitzgerald Foods.
• Consequences of Noncompliance (a heading from policy document)
• Analyze how unethical activity by a director or officer can lead to a violation of a legal

    duty owed to the corporation.
• Provide a brief example from a news article or court case within the last three years

    that demonstrates corporate director or officer liability in the United States.
• Recommend separately (not a heading on the policy document) to the chairman of

    the board in 45 to 90 words at least two business risk management procedures that

    Fitzgerald Foods can adopt in the future to avoid violations of legal duties by its

    directors and officers.
Use the Fitzgerald Foods Company Policy template as a guide for your policy document.
Search the internet for examples of completed policy documents using the following search parameters: policy document example, policy document template, policy document format, policy document sample, or any variation you choose. An example may assist you to complete your policy document.
Cite a minimum of two references according to APA guidelines.

Click the Assignment Files tab to submit your assignment.

Practice: The Family Owned Business, It's Complicated Understanding the difference in responsibilities between family and business associates

Instructions: Read the following scenario.

A family-owned business can have special complications. The line separating family relationships and legal responsibilities can be unclear. It is important for directors, officers, and owners of a family-owned business to be aware of the issues to avoid misunderstandings and unintended liability and to preserve familial relationships. You are a consultant advising a "mom and pop" grocery store owned by Jeff and Joan, a married couple, and their two adult children, Martha and Henry. The grocery store operates under a subchapter S corporation. Jeff and Joan as a couple own 70% of the corporation's shares, and Martha and Henry each own 15% of the shares. Jeff, Joan, and Martha are directors of the corporation, and Henry is the corporation's chief executive officer (CEO). Create a client memorandum (memo) addressing the following:

• Explain the legal duties that Jeff and Joan, as majority shareholders, have to Henry and

    Martha as minorityshareholders. What are their duties to Henry (an owner) as directors

    of the corporation?

• Define the types of ethical duties Jeff, Joan, Martha, and Henry have to each other as

    owners of the company.What about as family members?

• Provide suggested steps the family can take to abide by their legal duties as directors

   and officers, yet still preserverelationships between family members.

Click on Office Templates and use the following search parameter: memorandum. Submit your memo to the assignments tab.

Week 2 Discussion Questions (Included)

NOTE: Class questions change depending on which Instructor you have, so these questions below may not match exactly.

Supporting Activity: Types of Torts

Explain the required elements for each of the three types of torts: Intentional, Negligence & Strict Liability.

Supporting Activity: Differences between a Patent and a Trade Secret

What are some of the differences between a Patent and a Trade Secret? Why would a company select one over the other?

Supporting Activity: UTSA

UTSA is a state law. To get a patent, one must publicly disclose everything about it to the USPTO making it easy to steal it. What can a patent owner do about infringement?

Supporting Activity: Computer Information

What Laws protect computer information? Could be either federal or state.

Supporting Activity: Business Crimes

What are some specific examples of business crimes? What is the required burden of proof for such crimes?

Supporting Activity: Types of IP

What are the 4 types of IP?   Name them and give some examples.

ETH/321 Week 3

Learning Team

Apply: Sexual Harassment Education for Managers

Instructions:

The purpose of this assignment is to define sexual harassment in the workplace and its negative effect on employees and the business, to analyze the requirements for a sexual harassment claim, to develop methods that a business can adopt to reduce or eliminate sexual harassment claims and litigation, and to assess liability based on the form of business entity.

Read the following scenario.

High-profile sexual harassment scandals, such as allegations against Bill Cosby, Harvey Weinstein of the Weinstein Company, and Bill O'Reilly and Roger Aisles of Fox News, are changing the landscape of workplace sexual harassment claims and litigation. Conduct a roundtable discussion (in person, web conference, or via email, text, etc.) with your Learning Team members regarding sexual harassment as a growing ethical and legal concern for businesses today. Each Learning Team member must be prepared to discuss each topic. Assign a group moderator to keep the discussions on track. Your discussion should last at least 45 minutes to one hour and include the following:

• Define sexual harassment and discuss applicable law (such as the Civil Rights Act of

    1964). How does the state law in your state address sexual harassment?

• Discuss a recent sexual harassment claim in the news and whether media coverage is

   beneficial or detrimental to reporting and reducing sexual harassment claims in the

   workplace. Should sexual harassment claims be addressed publicly or handled

   privately?

• Explain the ethical and legal considerations of a business protecting its employees (the

   accuser, the accused, and other employees in the company) while a workplace sexual

   harassment investigation is underway. Does your answer change if the allegation is a

   widely known scandal-making front page news?

• Compare the sexual harassment liability of a business entity that is a sole proprietorship

    with an entity that is a corporation.

• Recommend risk management procedures a business can implement to avoid or

    reduce sexual harassment claims from occurring in the workplace.

Summarize your discussions and answer the questions posed above in a 7 - 10 slide Microsoft presentation.

Click the Assignment Files tab to submit your assignment.

Individual

Apply: Signature Assignment—Employment Classification and Discrimination

Instructions:

The purpose of this assignment is to evaluate different types of employment relationships and potential discriminatory employment policies from an ethical standpoint. Read the following scenario. Janice was hired by Dream Massage to be a massage therapist. She is engaged as an independent contractor and, therefore, receives no tax withholding or employment benefits. Dream Massage requires Janice to work a set schedule, provides her with clients and all her massage products, and exercises complete control over how Janice does her work. In addition, when Janice shows up to work the first day, she is informed by Dream Massage that she cannot wear her hijab as it violates the company's dress code policy. The owner of Dream Massage comes to you, a human resources (HR) consultant, to find out if Janice is properly classified as an independent contractor and if there is potential liability concerning the hijab.

Create a 700- to 1,050-word HR report for Dream Massage in which you examine the employment issues presented in the scenario. Include the following:

• Analyze whether Janice qualifies as an employee or should be classified as an

    independent contractor.

• Discuss whether Dream Massage has potentially violated any employment

    discrimination laws.

• Analyze ethical considerations associated with the maintenance of a rigid company

   dress policy.

Cite a minimum of three references.

Format your paper consistent with APA guidelines.

Click the Assignment Files tab to submit your assignment.

Week 3 Discussion Questions (Included)

NOTE: Class questions change depending on which Instructor you have, so these questions below may not match exactly.

Supporting Activity: Elements of a Contract

What requirements are necessary for the creation of a contract?  Define each element.
What types of contract require a writing to be enforceable under the Statute of Frauds?

Supporting Activity: Elements of a Contract

What requirements are necessary for the creation of a contract?  Define each element.
What types of contract require a writing to be enforceable under the Statute of Frauds?

Supporting Activity: Oral Contracts

Does an oral contract have to be in writing to be enforced? Think: Statute of Frauds.
What is the penalty for failure to satisfy the SOF?

Supporting Activity: Contract Law

Two types of law govern contracts: The Common Law of Contracts & Article 2 of the Uniform Commercial Code. What do they each cover? Which one follows the Mirror Image Rule? What is the MIR?

Supporting Activity: Enforceable Contract

What are the elements of an enforceable contract?

Supporting Activity: Small Business

Why is the LLC the best form for a small business to use?

Supporting Activity: Limited Liability

What is Limited Liability? What is Double Taxation?

Supporting Activity: Elements of a Contract

What requirements are necessary for the creation of a contract?  Define each element.
What types of contract require a writing to be enforceable under the Statute of Frauds?

Supporting Activity: C-Corps -- S-Corps

Types of Entities

Class, consider the following business entities:
      Sole proprietorship
      Partnership
      LLC
      Corporation
What are some of the important advantages and disadvantages of each type?

ETH/321 Week 4

 

Learning Team

Apply: Internet-Based Contracting Issues

Instructions:

The purpose of this assignment is to analyze internet-based contracting issues, such as online contract formation; to determine the requirements for performance and breach of online contracts; and to develop enforceable methods for dispute resolution.

Read the following scenario.

Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process.

• Great Buys isn't sure it has a binding contract with its customers because the contract

    is completely online and inelectronic format.

• Customers have argued they are not bound to the online contract because there's no

    handwritten "pen and ink"signature.

• Great Buys also wants to know if any international laws will apply when the company

    starts selling its electronicproducts internationally.

• Great Buys has been sued in different state courts all over the country, and it would like

    to know if an arbitrationclause requiring that arbitration be conducted in New York

    City will be enforceable.

• Finally, Great Buys wants one or two suggestions for improving its internal business

    procedures so that customerproduct complaints don't turn into contract-related

    claims or lawsuits. Great Buys' management team asks you, the company's contract

     manager, to work with your team and address their concerns.

• Create a 7- to 10-slide Microsoft PowerPoint presentation that provides answers to

    all of Great Buys' concernsabove. Your Learning Team can incorporate graphics,

    animation, or interactive Microsoft PowerPoint features, such as Designer and

    Morph (some features require a valid Microsoft Office 365 subscription), consistent

    with the University of Phoenix's guidelines for use of third-party materials. Your Learning

    Team should determine how to allocate tasks among team members and submit a

    single Microsoft PowerPoint presentation (do not submit presentations by individual

     Learning Team members).

Cite a minimum of two references.

Format your assignment according to APA citation guidelines.

Click the Assignment Files tab to submit your assignment.

 

Individual

Apply:  Trade Secret Theft Study

Instructions:
The purpose of this assignment is to determine when business assets may constitute intellectual property (IP), to analyze when an IP theft has occurred and possible remedies for IP theft, and to assess the importance of protecting and enforcing IP rights in a business setting.

Read the following scenario.
Futuretek sells high-tech computer chips and software to smartphone manufacturers worldwide. Futuretek maintains two software databases: one containing Futuretek's customer list with nonpublic contact information for key personnel, and the other containing customer purchasing trends. The information in the two databases is available for employees to view and use in connection with their job duties. Dana is a computer programmer for Futuretek. Dana plans to run her own company one day and design and sell her own computer chips to smartphone companies. As an employee, she has access to the two databases containing Futuretek's key purchaser and purchasing trends information.
Dana decides to leave Futuretek and start her own computer chip business. Before she leaves, she makes a copy of the two databases on a portable hard drive. Dana uses the information to contact Futuretek's customers and offer them cheaper, but comparable, computer chips manufactured by Dana's new company, SmartChip. Futuretek becomes aware of Dana's actions and asks you, the chief operations officer, for advice and recommendations on what to do. In a 5- to 10-slide Microsoft PowerPoint presentation, complete the following:
• Determine whether Dana has taken Futuretek's intellectual property (IP), and if so,

    describe the type(s) of IP that was taken.
• Explain any civil actions in tort or criminal actions that may be brought against Dana or

    SmartChip.
• Assume Futuretek sues SmartChip, and Futuretek wins the lawsuit. Recommend ethical

    policies that SmartChip can put into place to prevent future legal claims and litigation

    against the company.
• Recommend risk management procedures that Futuretek can implement to avoid or

    limit this type of activity from happening to the company in the future.
Cite a minimum of two references according to APA guidelines.
Click the Assignment Files tab to submit your assignment.

 

Week 4 Discussion Questions (Included)

NOTE: Class questions change depending on which Instructor you have, so these questions below may not match exactly.

 

Supporting Activity: Administrative Agencies

Why have the number of Administrative Agencies grown over the past forty years? What do they do well? What do they do poorly?

 

Supporting Activity: Checks and Balances

Isn't it scary to think that we eliminate the checks and balances of our system when we delegate all three powers to one agency? They act as Legislature, Executive and Judicial Branches?

 

Supporting Activity: Financial Markets

I contend that public companies should be happy that the government regulates the financial markets. Explain my statement.

 

Supporting Activity: Sarbanes Oxley Act

Discuss three SPECIFIC changes made by SOX?

Hint: Outside directors on the Audit Committee is one specific change.

 

Supporting Activity: Outside Directors

What is so special about Outside Directors?

 

Supporting Activity: Supremacy Clause

How does the Supremacy Clause effect the regulation of the states?

 

Supporting Activity: Commerce Clause

When can states regulate commerce?   When are states preempted from regulating commerce?  Explain the term "Dormant Commerce Clause.

 

Supporting Activity: Sherman Anti-Trust Act

Class, what are the provisions of the Sherman Anti-Trust Act?  How do these impact business today, and do believe anti-trust is as important to business today as it has been in the past? Why or why not?

 

ETH/321 Week 5

Everything listed for Week 5 is included in purchase!

Final Exam 2019

Includes: 4 Final Exam Sets from 2019, 2018, 2017, and 2016

FINAL EXAM. PICK THE ANSWER THAT BEST RESPONDS TO THE QUESTION. THERE IS ONLY ONE CORRECT ANSWER.  MAKE SURE YOUR ANSWER IS CLEAR – YOU CAN HIGHLIGHT OR UNDERLINE OR USE AN ANSWER SHEET ETC.

1. How does the doctrine of stare decisis help in creating stability in a legal system?
2. The state of NamNam in the United States passes a statute containing numerous requirements, some conflicting with the federal rules, covering the licensing of airplane pilots and the operation of aircraft. A pilot's constitutional challenge to this state statute would succeed on the basis of ________.
3. Which of the following statements is true of the U.S. Supreme Court?
4. Which of the following statements is true regarding the relationship between law and ethics?
5. Orlando opened a hot dog stand in Brooklyn which unfortunately did not earn him a profit. He had borrowed $5,000 from the bank to set it up, which had to be repaid to the bank in two days. However, Orlando's friend, Bob, agreed to partner with him starting the subsequent month. From which of the following sources can the bank recover its $5,000 with interest?
6. ________ is a general rule of corporate law that provides that generally shareholders are liable only to the extent of their capital contributions for the debts and obligations of their corporation and are not personally liable for the debts and obligations of the corporation.
7. Helen works as the vice president of Gotspeed Corporation, a company that develops and sells sports shoes. Nestor, a home-based shoemaker, meets Helen privately in order to present a model for a more cost-efficient and durable shoe. Instead of taking the idea to Gotspeed's board of directors, Helen pays Nestor's asking price and purchases the Anklator model for herself. Helen leaves Gotspeed Corporation and forms her own company that manufactures and markets the Anklator shoe models. What breach of the duty of loyalty has Helen committed here?
8. Philip and Deborah form an LLC. Philip contributes $50,000 capital, and Deborah contributes $75,000 capital. They do not have an agreement as to how profits are to be shared. If the LLC makes $100,000 profit in its first year, how will the profit be divided among the members?
9. Martin, who wants to sell a house he owns, authorizes his concierge, Wilhelm, to find a potential buyer, and finalize a deal above a stipulated price. Wilhelm contracts Chris, a real estate broker, and intends him to only find a potential buyer and send them over to Wilhelm for the sale. Martin then contracts ReNowait Goodhouses, a home improvement company to renovate the house. ReNowait completes their work and Martin pays them. Chris then searches for a suitable buyer and finds one in George. George buys the house and Chris is paid for his services. Which of the following roles does ReNowait Goodhouses perform?
10. Which of the following is true of workers' compensation?
11. Which of the following best describes quid pro quo sex discrimination?
12. Gary Gorgeous 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 ________.
13. Jean says to Joan, "If you promise to feed my dog each day while I am out of town next week, I'll pay you $100." Joan replies, "I'll absolutely do that, I hope you have a nice trip." Joan then feeds the dog, after which Jean paid her. At what point did a contract come into existence?
14. Which of the following is true for a minor under the infancy doctrine?
15. Jack goes to a store to purchase a fully-automatic washing machine. He browses through several models of washing machines but does not let the salesperson know that he wants a fully-automatic model. While signing the sales contract, he does not notice that the model he is purchasing is a semi-automatic machine. After purchase, which of the following options does Jack have?
16. If a competitor reverse engineers a trade secret, then the competitor is ________.
17. Techstate, a hardware manufacturer in the United States, has an existing contract with a client based in the Republic of Karthasia, which is going through a civil war. The resulting upheaval in that country has led to some of the shipments to the client being destroyed by warring factions. As a sanction against the country, the United States government places an embargo on all exports to that country by U.S. firms. What will be the state of the contract between Techstate and the client in Karthasia after the embargo?
18. The most common remedy for a breach of contract is an award of ________.
19. Which of the following constitutes insider trading?
20. Utilities Ltd. decided to go public by an initial public offering. It sold securities, some of which were bought by James Jefferson. Six months later, Mr. Jefferson sold the Utilities shares he had purchased to Martha Graham and Mark Franco. Two years later, Mr. Jefferson bought back the Utilities shares from Ms. Graham and Mr. Franco and made a profit out of both transactions. Who is the issuer in this scenario?

Final Exam 2018

1. Which of the following statements is true of a grand jury?
2. Alan and Miriam are engaged in a debate on the importance of intellectual property rights. While Alan holds the view that intellectual property protection safeguards the interests of businesses, Miriam thinks that it ultimately puts businesses at a disadvantage by hampering the dissemination of information. Which of the following arguments is most likely to be raised by Alan to strengthen his proposition? ​
3. ​According to the __________, the acceptance of an offer results in a binding contract only if it exactly matches the terms of the offer.
4. The __________ enacted in 1938 established minimum wage, overtime pay, and record-keeping requirements. ​
5. The term __________ refers to the placing of an individual in immediate apprehension for his or her physical safety. ​
6. The term __________ refers to any change in the ownership of a business organization that would alter its legal existence.
7. Which of the following statements is true of the Securities and Exchange Commission? ​
8. A system of equally applied law is a necessity for the foundation of a strong, productive economy because it: ​
9. ​Which of the following scenarios illustrates a formalist approach to business decisions?
10. A(n) __________ refers to the individual or business entity offering a security for sale to the public.​
11. ​Windy and Ruby plan to present a paper on intellectual property rights. They decide that Windy will present the arguments in favor of intellectual property rights and that Ruby will argue how intellectual property rights could be detrimental to businesses and their customers. Which of the following is most likely to be Ruby’s argument?
12. Which of the following statements is true of white-collar crimes?
13. ​Which of the following scenarios illustrates a bilateral contract?
14. The Equal Employment Opportunity Commission was created through the __________. ​
15. Concerted efforts to lobby government officials, irrespective of their anticompetitive purposes, are given an exception from the Sherman Act under the __________. ​
16. ​A __________ is the simplest and least expensive business institution to create.
17. In a state court system, lawsuits filed by parties typically begin at the __________. ​
18. According to the Commerce Clause, the power to regulate interstate commerce is vested with __________. ​
19. A business decision maker’s decision is more likely to raise ethical concerns in a society where:
20. ​How does law hold diverse people of different backgrounds into large, organized groups?
21. Courts determine whether the language of an offer was clear enough to result in a contract by: ​
22. ​Who among the following individuals commits a battery?
23. Fuzo Inc., a manufacturer of leather bags, enters into a contract with a firm regarding the installation of a machine in Fuzo’s factory. Fuzo agrees to pay $1000 for the machine and another $200 as the installation charge. In this scenario, the terms of the sale will be covered under
24. The term __________ refers to the act of referring a matter to arbitration.
25. _________ is a legal remedy to a breach of contract by which each party to the contract returns the consideration offered by the other. ​
26. ​Which of the following statements is true of alternative dispute resolution (ADR) systems?
27. The __________ is the constitutional provision that details the federal government’s power to regulate business activities. ​
28. Which of the following legal remedies to a breach of contract allows the parties to the contract to agree to abide by the decision of a third party or parties?
29. __________ refers to an agreement made between competitors in an industry to fix prices of their products. ​
30. The petition for a writ of certiorari by the losing party of a litigation will be reviewed by the U.S. Supreme Court: ​

Final Exam 2017

​

1. Civil enforcement powers regarding federal antitrust matters belong to _______.
2. Which of the following is true of tort law?
3. Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does not mention prices. The server takes their order and both Betty and Fred enjoy the meal immensely. When the bill comes, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating and offer and acceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the server merely asked “What may I get you tonight?” Which of the following is true? 
4. Which of the following statements is true of the WARN Act?
5. _____________ jurisprudence supports the idea that law can and should change to meet new developments in society. 
6. ​Which of the following is true of the assumption of risks during delivery of goods? 
7. ​A 911 emergency response service needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected due to poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is squashed. Here, the defense of the federal government is on the grounds of _______. 
8. Article 6 of the Treaty on European Union, called the Maastricht Treaty, states the EU is founded on:
9. Interpreting Congressional intent, which of the following is never a bona fide occupational qualification (BFOQ)?
10. ​Ethical formalists maintain that:
11. The classification of crime is based on ________.
12. Which of the following issues of administrative agencies relates to the substantive outcome of agencies’ rule-making and adjudicating authority? 
13. Which of the following is true of the use of alternative dispute resolution (ADR) techniques?
14. ​The crucial issue with the continuity factor of a business’s organizational form is _______.
15. The ___________ holds that contracts or conspiracies in restraint are illegal only if they constitute undue or unreasonable restraints of trade and that only unreasonable attempts to monopolize are covered by the Sherman Act. 
16. ​Interest-based negotiations are superior to position-based negotiations because:
17. The determination that a crime has been committed and that evidence is sufficient to warrant the accused standing trial is known as:
18. Which of the following is true under the regulations of interstate commerce?
19. ​Finishing the construction of a home two days after the contract called for completion (no injury occurs) most likely will be considered _______.  
20. ​Frequent, abusive, threatening phone calls by creditors are most likely to provoke the basis for a claim of _____________.
21. Which of the following is true of a violation of trade secrets’ rights?
22. Which of the following states that parties to a written contract may not introduce oral evidence to change written terms? 
23. In a(n) ___________, the shareholders are taxed only on income distributed.
24. ​____________ is a court created rule that limits when courts can review administrative decisions. 
25. ​An employee at-will can be fired for which of the following?
26. The ideas and philosophies that explain the origin of law and its justification are called:
27. ​Federal law and business leaders alike favor ____________ as a means of governing private business ethics.
28. ​Which of the following is true in cases where only one party drafts the contracts that contain terms that appear vague and ambiguous to the other party? 
29. Myra offers to sell her home to Hanna for “about $100,000 plus closing costs.”  Hanna accepts Myra’s offer, but later a dispute arises concerning the precise dollar amount of the purchase price. How will a court resolve this dispute?  
30. ​Hillward Bakers has been using a blue HB logo with a baker’s hat on the HB since their inception ten years ago. Hobart Bakers, a newly opened bakery and confectionary chain, has used the same logo. Hillward has not registered its logo, but it chooses to sue Hobart anyway. Which of the following is true of this case? 

Final Exam 2016

1. Applying the parole evidence rule
2. LLPs were created to
3. Stan is an investment manager. He has received money from various investors with a promise of very high returns on their investments. The invested money is not supplying enough capital in order to pay the returns promised so he has started using new investor's money to pay older investors. By advertising and by word of mouth, people are anxious to invest with Stan because of the money being paid and with the influx of new investors he is able to continue operating. Stan is
   There are several reasons why whistle blowing may not be protected on an international level.  These include
4. Judicial review
5. In Lucy v. Zehmer, the two parties were drinking in a bar when Lucy offers to buy Zehmer's farm. After some negotiation a written contract was executed. Zehmer claimed that the whole episode was only a joke and he never intended to sell the farm. The court determined that
6. What must Congress do first to establish an administrative agency?
7. Which of the following will be a valid defense in a strict products liability case?
8. Modern Corporation operates a steel mill. They have never contributed anything to the local community and they knowingly pollute both the air and river that runs by their mill. Their reasoning is that the cost to install pollution control devices would diminish their profits and they don't support the community because they provide jobs and don't think they owe anything else to the citizens in their area. Donating to the community would also diminish profits. Which theory of corporate social responsibility are they exhibiting?
9. Where a promise can only be accepted by the performance of the person to whom it is offered is an example of a/an
10. In which of the following scenarios would enforcement of specific performance be appropriate?
11. Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of “The Ethics of Care”?
12. With regard to the court, adequacy of consideration means
13. The three stripes on Adidas clothing represents a
14. Which of the following is not a general category of torts?
15. Which of the following promises ordinarily need not be in writing to be enforceable?
16. Which of these is not an administrative agency function?
17. Which of the following does not occur in appellate court trials? 
18. KAM Corp has separate Codes of Ethics and Conduct. Each of the following would likely be included in their Code of Ethics except
19. Maria is the CFO of a company being investigated by the SEC for various alleged violations. Each of the following would constitute an obstruction of justice except
20. A trademark can be any of the following except a
21. Which of the following is not true of ADR proceedings?
22. Which of the following is rarely awarded in contracts cases? 
23. Which of the following is categorized as informal ADR?
24. The FTC publishes a rule regulating TVs and Blu-Ray DVD players for public comment but revises it to include traditional DVD players also. Should the FTC republish the revision?
25. Assumption of risk is a defense to
26. Black's Law Dictionary, as cited in the book defining the term law, includes each of the following except
27. Jurisprudence is defined as:
28. Jonathan has graduated and wants to start a business. Which business entity gives him the most complete and exclusive control over the business and any business decisions?
29. The moderate view of assessing corporate citizenship believes that

Week 5 Discussion Questions (Included)

Supporting Activity: Title VII Test

What is the Title VII test for religious discrimination? What is an Undue Burden?

Supporting Activity: Disparate Impact

What is Disparate Impact? Provide an Example.

Supporting Activity: BFOQ

What is a BFOQ?

Supporting Activity: "At Will" Employment

What is "At Will" Employment? Do you agree with the concept?

Supporting Activity: Disparate Intent

What is Disparate intent? Provide an example.

Supporting Activity: Employment at Will

What is employment at will? What are the exceptions to employment at will, and provide an example of each