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Applying the Law to a Set of Facts

Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions:

1.    If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant. 2.    In which state or states can the suit be brought? 3.    Assume that Javier incurred $100,000 in damages.

a)    Analyze whether the suit can be brought in federal courtb)    Explain the advantages and disadvantages of federal versus state court for this type of suit.

Guided Response: Analyze and respond to at least two of your classmates’ postings. Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates?  Explain why or why not.

Tort or Crime

In Chapter 1 of the text you read about the Bailey v. Eminem defamation case where the court held Eminem’s lyrics were protected by the First Amendment. Read the article and view the

video (the links are listed under Week 1 Additional Learning Resources Required and Week 1 Multimedia Required) to the Pahler v. Slayer case. Respond to the following questions:

1.    Did the Pahler court use the same reasoning as used in Bailey v. Eminem? 2.    Should the court’s decision in Pahler be different because a young girl was murdered? 3.    Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.

Guided Response: Review several of your classmates’’ postings. Do you agree with their analysis?  Discuss with at least two of your classmates’ the ethical issues raised in this case and if you think the courts’ decisions in both Bailey and Pahler were correct.

QIf a state enacted a law that made it illegal to s

ing the national anthem of other countries, such a law would vi

olate the ______ of the U.S. Constitution.

Student Answer: Commerce Clause   First Amendment   Due Process Clause  Equal Protection Clause  Instructor Explanation:The answer can be found in Section 1.1 The Constitution of the text.

  Points Received: 1 of 1

  Comments:

QWhich

of the following is NOT a court of limited jurisdiction?

Student Answer: Circuit court   Traffic court   Surrogate court   Small Claims court  Instructor Explanation:The answer can be found in Section 1.2 Lower Courts of the text.

  Points Received: 1 of 1

  Comments:

QCongress’s authority to make laws prohibiting discrimination i

n employment comes from the

Student Answer:     Instructor Explanation:The answer can be found in Section 1.1 Statutory Law of the text.

  Points Received: 1 of 1

  Comments:

QThe federal law kno

wn as RICO was originally intended to deal with what type of crime?

Student Answer:     Instructor Explanation:The answer can be found in Section 3.1 Classification and Elements of Crimes: Business Crimes of the text.

  Points Received: 1 of 1

  Comments:

QIf Jennifer discovers her father has written a new w

ill, which does not include her as a beneficiary and Jennifer adds h

er name to the will, she will be committing the crime of

Student Answer:     Instructor Explanation:The answer can be found in Section 3.1 Classification and Elements of Crimes: Traditional Crimes of the text.

  Points Received: 1 of 1

  Comments:

QIn

the case Labaj v. VanHouten, a business was found liable becaus

e it was foreseeable that a guard dog might injure a person it did n

ot know. This illustrates

Student Answer:     Instructor Explanation:The answer can be found in Section 2.4 Case Study of the text.

  Points Received: 1 of 1

  Comments:

QIf police conduct an unlaw

ful search and seizure of evidence without a warrant,

Student Answer:     Instructor Explanation:The answer can be found in Section 3.2 The Constitution and Criminal Law and Procedure: the Fourth Amendment of the text.

  Points Received: 1 of 1

  Comments:

QA crime which is punishable by more than one year’s imprison

ment would be a

Student Answer:     Instructor Explanation:The answer can be found in Section 3.1 Classification and Elements of Crimes of the text.

  Points Received: 1 of 1

  Comments:

QAccording to the text, which of the f

ollowing is the “supreme law of the land?”

Student Answer:      Instructor Explanation:The answer can be found in Section 1.1 The Constitution of the text.

  Points Received: 1 of 1

  Comments:

QAaron,

an avid football fan, gets a black eye when he attends a game between the Pack

ers and the Giants. While he was waiting for a beer, an attempted field goal hit the up

right, bounced off and hit him in the face. If Aaron sues for negligence, he will p

robably

Student Answer:     Instructor Explanation:The answer can be found in Section 2.4 Types of Torts: Negligence: Defenses of the text.

  Points Received: 1 of 1

The Breaching of a Contract, Twice

Name

BUS 311

In 2003, I entered into a rent to own lease, which stipulated that the rental amount was

$1,500 monthly with the amount of $500.00 monthly going towards my down payment towards

the purchase of the property in 2 years.  I maintained this contract until 2005 at which time I was

supposed to have maintained proper credit in which to secure a bank loan to purchase the

property outright. In 2005, I was still unable to secure a bank loan in order to purchase the house

as the rent to own lease stipulated, and an alternative contract was entered into for rental only.

The only terms of the contract that changed were the switch from rent to own to just rental. The

funds from the rent to own contract set aside to go towards my down payment were forfeited.

The monthly rental amount remained the same. This contract was successfully fulfilled from

2005 until 2008 at which time I discovered that the house I was living in was under foreclosure.

Elements of a Contract

Read the Case Campbell Soup Co. v. Wentz in the text. Answer the following questions:

1.    What were the terms of the contract between Campbell and the Wentzes?2.    Did the Wentzes perform under the contract?3.    Did the court find specific performance to be an adequate legal remedy in this case?4.    Why did the court refuse to help Campbell in enforcing its legal contract?5.    How could Campbell change its contract in the future so as to avoid the unconsionability problem?

1. What were the terms of the contract between Campbell and the Wentzes?

2. Did the Wentzes perform under the contract?

3. Did the court find specific performance to be an adequate legal remedy in this case?

4. Why did the court refuse to help Campbell in enforcing its legal contract?

5. How could Campbell change its contract in the future so as to avoid the unconsionability problem?

The Uniform Commercial Code (UCC)

Read the Ace Heating and Cooling scenario in your text and answer the following questions:

a.    Under UCC 2-302, who has the best chance of getting out of the contract due to unconsionability?b.    The symbol for justice features a woman wearing a blindfold illustrating that the law should be applied the same way regardless of who the parties are. Does the UCC rule seem to contradict this? Which approach do you think is more ethical?c.    Note that both Glamour and Shady Rest are businesses, and courts rarely find that contracts between two businesses are unconscionable. The rationale is that a business is a sophisticated entity, familiar with transactions and able to protect itself. Do you think Glamour and Shady Rest are in a comparable position in regard to this contract? Why or why not?

a. Under UCC 2-302, who has the best chance of getting out of the contract due to unconsionability?

b. The symbol for justice features a woman wearing a blindfold illustrating that the law should be applied the same way regardless of who the parties are. Does the UCC rule seem to contradict this?

Which approach do you think is more ethical?

c. Note that both Glamour and Shady Rest are businesses, and courts rarely find that

contracts between two businesses are unconscionable. The rationale is that a business is a sophisticated entity, familiar with transactions and able to protect itself. Do you think Glamour and Shady Rest are in a comparable position in regard to this contract? Why or why not?

QKatrina is complaining to her landlord about the six-inc

h long cockroaches in her apartment. The landlord scoffs, sayin

g: “Cockroaches don’t get that big! I'll pay $10,000 to anyone who

can show me a six-inch cockroach.” Will, a bug collector, overhea

rs and promptly presents the landlord with his prize six-inch Sou

th American cockroach. The landlord refuses to pay, and Will sue

s. Which of the following best describes the situation?

Student Answer: There is no contract because the landlord never intended to make an offer.  

There is no contract; a reasonable person wouldn’t believe the landlord intended to pay.  

There is no contract because Will did not have the power of acceptance.   There is definitely a contract.  Instructor Explanation:The answer can be found in Section 4.2 The Offer of the text.

  Points Received: 1 of 1

  Comments:

QMerlin posts his car for sale. Breanna calls and leaves a v

oicemail, saying, “Hey, I definitely want to buy your car! I’ll pic

k it up tomorrow, okay?” Which of the following best describes the

situation?

Student Answer: There is a contract, because Breanna has accepted the offer.   There is no

contract, because Breanna did not use a proper form of acceptance.   There is no contract,

because Breanna made a counteroffer.   There is no contract, because Merlin never made an offer.  Instructor Explanation:The answer can be found in Section 4.2 The Offer of the text.

  Points Received: 1 of 1

  Comments:

QDelta Inc. offers to sell Omega Corp.

a packaging machine. Omega responds “We’ll take it but only if the

re is a six-month warranty.” Which of the following is true?

Student Answer:     Instructor Explanation:The answer can be found in Section 7.1 Offer and

Acceptance of the Sales Contract: Method of Acceptance, of the text.

  Points Received: 1 of 1

  Comments:

QSeller agrees to supply all the gasoline Buyer needs for

the next year at $3.00 per gallon. After three months, the price of

gas falls to $2.33 per gallon. Buyer refuses to keep buying from

Seller unless Seller lowers the price. Seller agrees. Two months l

ater, the average price for gas goes up to $3.50 per gallon. Seller a

sks Buyer to agree to a price raise, but Buyer refuses. Which of t

he following is true?

Student Answer:     Instructor Explanation:The answer can be found in Section 7.3 Modification of the Sales Contract: Voluntary Modification, of the text.

  Points Received: 1 of 1

  Comments:

QDaniel offers to sell his Toyot

a Camry to Jen for $8,000. Jen replies, “I accept. Make sure you wa

sh and wax the car before you bring it over.” Which best describes th

e situation?

Student Answer:     Instructor Explanation:The answer can be found in Section 4.3 Acceptance of the text.

  Points Received: 1 of 1

  Comments:

QConsideration is

Student Answer:      Instructor Explanation:The answer can be found in Section 4.4 Consideration of the text.

  Points Received: 1 of 1

  Comments:

QA simp

le contract need(s) to

Student Answer:     Instructor Explanation:The answer can be found in Section 4.1 Types of Contracts: Simple Contracts vs. Formal Contracts of the text.

  Points Received: 1 of 1

  Comments:

QAlpha orders 100 Grade A wi

dgets from Beta. Beta does not have any Grade A widgets in sto

ck, so it ships Alpha 100 Grade B widgets instead. Which of the f

ollowing is true?

Student Answer:     Instructor Explanation:The answer can be found in Section 7.1 Offer and Acceptance of the Sales Contract: Method of Acceptance, of the text.

  Points Received: 1 of 1

  Comments:

QIf an offeree attempts to add differ

ent terms in an acceptance, which of the following conflict with w

hat the offeror stated?

Student Answer:     Instructor Explanation:The answer can be found in Section 7.1 Offer and Acceptance of the Sales Contract: Additional Terms of Acceptance, of the text.

  Points Received: 1 of 1

  Comments:

QPeter, an art dealer, offers to sell

a painting to Ben, a teacher, for $200. Ben responds, “I accept. I want it in a red fra

me, like the one I saw on that other painting at your gallery, so it will match my sofa.”

Peter and Ben

Student Answer:     Instructor Explanation:The answer can be found in Section 7.1 Offer and Acceptance of the Sales Contract: Method of Acceptance, of the text.

  Points Received: 1 of 1

Employment-at Will

Should the law allow an employer to fire an employee without a good reason? Conduct research to provide examples to support your position and use your own personal employment experiences when possible. Have you observed situations where an employee was fired? Did the employer give a reason? Do you believe the employer’s actions were legal?

Should the law allow an employer to fire an employee without a good reason?

 Have you observed situations where an employee was fired? Did the employer give a reason?

Do you believe the employer’s actions were legal?

A Principal’s Responsibility for the Actions of Their Agent

Karen is shopping at Big Mart. She has with her an umbrella which is the same brand Big Mart carries. When a Big Mart employee, Steve, sees her leave with the umbrella without going through the checkout lane, he asks her to come back into the store. Steve says that he thinks Karen is shoplifting the umbrella. Karen tells him that she has had the umbrella for years and shows him marks of wear and tear. Steve apologizes and tells Karen she is free to go. Can Karen successfully sue for false imprisonment or defamation? From what you have learned about the relationship between a principal and an agent, analyze whether Steve or Big Mart could be liable because of Steve’s actions.

Karen is shopping at Big Mart. She has with her an umbrella which is the same brand Big Mart carries. When a Big Mart employee, Steve, sees her leave with the umbrella without going through the checkout lane, he asks her to come back into the store. Steve says that he thinks Karen is shoplifting the umbrella. Karen tells him that she has had the umbrella for years and shows him marks of wear and tear. Steve apologizes and tells Karen she is free to go. Can Karen successfully sue for false imprisonment or defamation?

From what you have learned about the relationship between a principal and an agent, analyze whether Steve or Big Mart could be liable because of Steve’s actions?

Reflect for a moment on your ideas prior to taking this class about contracts, legal reasoning, or employment law. Has your understanding of these subjects changed or have your prior beliefs about these issues been confirmed? Will concepts learned in this class have a practical application in your personal or professional life? Why or why not?

QThe United States has laws that prevent an emp

loyer from terminating employees without due cause.

Student Answer: True   False

  Points Received: 1 of 1

  Comments:

QPeter owns an auto dealership. Peter hires Cara as a receptio

nist, Ben as a salesperson, Stacy as a mechanic, and the “Clean a

s a Whistle Co.” to come in at night and clean the premises.  Which

situation is LEAST likely to result in liability for Peter?

Student Answer: Cara, with authority, buys office supplies from Office Stuff.   Ben sells a

car at a $1,000 markdown, after Peter told him not discount more than $500.   Stacy forgets to put the oil plug back into Daria’s car after an oil change, damaging the engine when the oil runs

out.   Esmeralda from “Clean as a Whistle Co.” runs over Patty Pedestrian in the

dealership’s parking lot.  Instructor Explanation:The answer can be found in Section 12:1 Agency: Tort Liability and Agency; Section 12.1 Agency: Principal’s Liability for Agent’s Contracts, in the text.

  Points Received: 1 of 1

  Comments:

QEmployees and independent contractors are two ty

pes of compensated agents.

Student Answer: True   False

  Points Received: 1 of 1

  Comments:

QAn employer has a duty

to indemnify, or compensate an employee for any losses suffere

d as a result of authorized legal acts that the employee performs

under the employment agreement.

Student Answer:

  Points Received: 1 of 1

  Comments:

QPetra appoints Ale

xander as her real estate agent to help her buy a house. Harry ap

points Alexander as his agent to help sell Harry’s house. Alexa

nder thinks Petra would like Harry’s house, and would be willing to

pay Harry’s asking price. Which of the following can Alexander l

awfully do?

Student Answer:     Instructor Explanation:The answer can be found in Section 12.1 Agency: Agent’s Duties, in the text

  Points Received: 1 of 1

  Comments:

QPeter tells Annabel to mark down all prod

ucts 15% for a weekend sale. Annabel, correctly thinking that s

ome items are so in demand they will still sell with only a 5% discount,

sells some products with a 5% discount, some with 15%, and some with

no discount at all. She keeps the extra as a bonus, figuring that Pet

er is expecting regular price minus 15%. All the inventory sells in

the weekend sale. Which of the following is true?

Student Answer:      Instructor Explanation:The answer can be found in Section 12.1 Agency:  Agent’s Duties, in the text

  Points Received: 1 of 1

  Comments:

QWit

h authority, Ganeesh contracts to buy Sam’s farm for Belinda. Be

cause he believes that Sam will raise the price if he finds out that h

e is representing Belinda, Ganeesh does not tell Sam he is repres

enting anyone. On the day of the closing, neither Ganeesh nor Beli

nda shows up. Which of the following statements is NOT true?

Student Answer:      Instructor Explanation:The answer can be found in Section 12.1 Agency:

The Agent’s Liability on the Contract, in the text.

  Points Received: 1 of 1

  Comments:

QIf an agent is acting pursuant to a valid agency contract

and she is not being paid for her services, she cannot be sued fo

r breach of contract if she fails to act as promised.

Student Answer:

  Points Received: 1 of 1

  Comments:

QWit

hout authority, Christina contracts on behalf of Lawrence, to buy V

aleria’s car for $3,000. Which of the following is true?

Student Answer:     Instructor Explanation:

  Points Received: 1 of 1

  Comments:

 10. Question : Angelina is hired to work for Pupco Inc. for two years. Which of the following is true?

Real, Intellectual, and Personal Property.

List two characteristics each of real, intellectual, and personal property.  Do owners of real, intellectual, and personal property each have the same rights under the law?  List how each type of property is treated under the law. Explain why it is in the best interest of society to treat these types of property the same or differently.

List two characteristics each of real, intellectual, and personal property.

Business Ethics

Read the article Governance in the Spotlight: What Sarbanes Oxley means to You. In this article the author outlines provisions companies are now required to implement. Consider the requirements imposed by Sarbanes Oxley on corporate boards of directors. Do small businesses and privately held companies have ethical duties? If so, to whom would they owe this duty? Employees? Customers? Vendors? Should the law impose ethical requirements on small businesses or privately held companies or can the marketplace police unethical business behavior? Provide support to justify your position.

Do small businesses and privately held companies have ethical duties?

If so, to whom would they owe this duty? Employees? Customers? Vendors?

Should the law impose ethical requirements on small businesses or privately held companies or can the marketplace police unethical business behavior? Provide support to justify your position.

Business Law Journal Week 4: Ethics and Morals

Reflect upon the ethical requirements imposed on businesses by the law and society.

Sarbanes Oxley was enacted in response to widespread ethics violations. Do publicly traded

companies owe ethical duties to their investors beyond making a profit? In the business

world, is there a difference between what is fair and what is ethical? Has information

learned in this class challenged your ideas about business and ethics?

LLC, Partnership or Corporation

List the general requirements of an LLC, partnership and corporation. Find an

example of a business organization that is an LLC. Discuss why this company preferred to

be formed as an LLC instead of a partnership or a corporation. Describe at least one

advantage or disadvantage of the LLC form for the company.

QKevin and Emily own a house as joint tenants. If Ke

vin dies, Emily will own

Student Answer: an undivided 50% interest in the house jointly with Kevin’s heirs.   a

divided 50% interest in the house jointly with Kevin’s heirs.   the house, but only if she

applies for partition and can pay Kevin’s heirs their share.   the house.  Instructor Explanation:The answer can be found in Section 11.3 Real Property, Possessory Interests in Land, in the text.

  Points Received: 1 of 1

  Comments:

QThe power of the gover

nment to regulate what use real property may be used for is known

as

Student Answer: adverse possession.   eminent domain.   zoning.   community impact restriction.  Instructor Explanation:The answer can be found in Section 11.3 Real Property: Regulations and Real Property, in the text.

  Points Received: 1 of 1

  Comments:

QWhich of the following is a partnership?

  Points Received: 1 of 1

  Comments:

QIf you find a diamond bracelet on the public sidewalk, you

are most likely to be able to keep the bracelet if it is

Student Answer:     Instructor Explanation:

  Points Received: 1 of 1

  Comments:

QIsabel invents a new type of exercise shoe, which she calls the

“Super Soul.” To protect the name of her product, Isabel should g

et a

Student Answer:    Instructor Explanation:

  Points Received: 1 of 1

  Comments:

QA trademark is an example of

Student Answer:     Instructor Explanation:

  Points Received: 1 of 1

  Comments:

QWhich

of the following does NOT have the advantage of single taxation?

Student Answer:     Instructor Explanation:

  Points Received: 1 of 1

  Comments:

QWhich of the following has NOT been a criticism of the

Supreme Court’s decision in Citizens United v. Federal Election C

ommission?

Student Answer:     Instructor Explanation:

  Points Received: 1 of 1

  Comments:

QCary, Dean, and Madeline are partners in

a furniture store. Madeline wants to buy some antiques from an up

coming estate sale. Dean thinks it’s a good idea, but Cary says it

is too pricey. Madeline goes ahead and buys the antiques. Which of

the following best describes the situation?

Student Answer:     Instructor Explanation:

  Points Received: 1 of 1

  Comments:

 10. Question : Aaron and Jerard form a partnership, with Aaron as general partner and Jerard as a limited partner. Which of the following is true?

Intellectual Property and Technology

Internet domain names are linked to trademark issues. Technology makes it easy to copy and

distribute music and movies without paying royalties.  Business conducted on the internet raise security and privacy issues.  What legal concerns are raised by these issues? Predict which of these issues will be of major concern in the future in regard to the law and business practices.

What legal concerns are raised by these issues?

Predict which of these issues will be of major concern in the future in regard to the law and business practices.

The Global Marketplace

How do governments attempt to control foreign businesses operating within their borders? When U.S. companies do business in other countries, what issues do they face? Describe the responsibilities and ethical concerns that you feel are important for U.S. companies to consider when doing business in other countries

How do governments attempt to control foreign businesses operating within their borders?

When U.S. companies do business in other countries, what issues do they face?

Describe the responsibilities and ethical concerns that you feel are important for U.S. companies to consider when doing business in other countries