Questions and Answers of Business Its Legal Ethical

Identify the environmental law that applies to each of the following situations, and explain how it would address the problem:a. The foreman at a manufacturing plant disposes of a fifty-five-gallon
The shoreline of Greers Ferry Lake is under the man agement of the U.S. Army Corps of Engineers. The Corps’s 2019 Shoreline Management Plan (SMP)rezoned numerous areas along the lake and autho
Jon and Susan Bogren filed for voluntary bankruptcy under Chapter 7 and qualified by passing the means test. They own one car outright that has a value of$3,000, and they owe $10,000 to the bank for
Jamal earns a salary of $30,000 a year as a sales rep resentative. He is married with two children in high school. In addition to his salary, he earns a 10 per cent commission on what he sells. Over
Marla, an independent paralegal, provides a variety of services for the public. Among other things, she provides debtors with bankruptcy forms and peti tions. Mr. Ford has sought Marla’s services
What four environmental issues are regulated by federal environmental laws? List the major environ mental laws that provide the regulatory framework in each area. What is Superfund? Which parties are
What is an environmental impact statement (EIS), and when is one required? What factors does an EIS evaluate?
What happens when a company files for bankruptcy reorganization under Chapter 11? What is a debtor in possession? What procedure is followed after the bankruptcy is filed?
How does a Chapter 13 bankruptcy differ from Chap ter 7 bankruptcy? What is a discharge? Are all debts dischargeable in bankruptcy? If not, give examples of the types of debt that are not
What is an automatic stay? What effect does the fil ing of a bankruptcy petition have on creditors?
What is a liquidation proceeding under Chapter 7?How is it initiated? What is the difference between a voluntary bankruptcy and an involuntary bank ruptcy? What is “means testing”?
What are the goals of bankruptcy law? What are the three most important types of relief available for debt ors under federal bankruptcy law?
Samantha Elauf, a seventeen-year-old Muslim, wore a headscarf, or hijab, to a job interview with Aber crombie, a trendy clothing store for teenagers. During the interview, Ms. Elauf did not
Identify what type of employment discrimination, if any, is being practiced in each of the following hypo thetical situations:a. Lana Ronsky, a female paralegal in an all-male law firm, is the object
Explain why the principal is (or is not) liable for the actions of the agent in each of the following situations:a. Attorney Arun Singh tells his paralegal, Aki Cho, to purchase litigation
Michael Sánchez is an attorney who represents Aaron Tubman in his business ventures. Who is the principal, and who is the agent in this relationship?What duties does the principal owe to the
Identify whether each of the business firms described below is a sole proprietorship, a partnership, or a cor poration, and explain why:a. Terrence and Lars have owned a business together for three
Peter works as a paralegal for a law firm. The firm’s client is suing her former employer for wrongful termi nation of the employment relationship. The client has financial records that prove that
Which federal statutes prohibit employment discrimination? What kinds of discrimination are prohibited by these statutes? Which federal agency handles claims of employment discrimination?
What is a fiduciary obligation? In which relationships discussed in the chapter does a fiduciary obligation arise?
How does an agency relationship arise? What is the difference between an employee and an independent contractor in an agency relationship? When is a prin cipal liable for the contracts formed by an
What is a limited liability company? What advantages does this business organization offer to businessper sons? How does a limited liability company differ from a limited liability partnership?
List and describe the three traditional forms of business entities. How is each entity created and ter minated? Do the owners have personal liability? If so, describe.
Identify which of the following types of estate-planning devices allow property to be transferred outside the probate process:a. Living trusts.b. Life insurance.c. Testamentary trusts.d. Holding
Identify each of the following types of trusts:a. Barbara inserts a trust provision in her will requir ing that all of her property be held in trust for her children until they reach the age of
A woman agrees that in exchange for $10,000, she will be artificially inseminated, carry the child to term, and surrender the baby at birth to the biological father and his wife. The agreement states
Using the no-fault divorce material discussed in the chapter, which of the following are grounds for a no fault divorce?a. Irreconcilable differences.b. Cruelty.c. Living separately for a period of
Matthew, an eleven-year-old boy with mild autism, was regularly bullied at school by another boy. In one instance, the bully pushed Matthew down on the playground, resulting in stitches. Most
Cynthia Warner works as a paralegal for a sole practitioner, Samuel Weingarten. Weingarten’s practice consists mainly of estate planning and pro bate. Today, Weingarten has received a check
James Simpson, an attorney, has represented Miss Morgan for forty years. She is now eighty-three years old and is revising her will. She has a sizeable estate.Miss Morgan instructs her attorney to
What is a trust? List and describe the various types of trusts discussed in this chapter. What are some other estate-planning devices?
Why and how are wills probated? What are the duties of a personal representative?
List the requirements of a valid will. Why is it important to check the laws of your state for the requirements of a will? What laws govern the dis tribution of the estate of a person who dies
What are the requirements for a valid marriage?On the termination of a marriage, how is property divided? What is separate property? Community property?
What are the rights and duties of parents with respect to their children? What are the legal obligations of parents to children born out of wedlock and to adopted children?
John’s Used Cars, Inc., sold Willie a 2018 Cadil lac in return for $5,500 and what turned out to be a stolen 2014 Cadillac. (Willie provided a fraudu lent title for the stolen car.) Hank bought the
Identify the following steps in a real estate sales transaction:a. An offer or counteroffer is accepted.b. Title to the property is reviewed to determine the seller’s ownership interest and to
Identify the types of ownership rights described in the following statements.a. John and Linda, a brother and a sister, jointly own a cottage that they inherited from their mother.They have rights of
Using the material presented in Exhibit 16.4, A Sample Deed, and the following facts, draft a deed to real property.• At a closing on January 22, 2022, Roberto Alvarez and Paloma Alvarez, husband
Assume that John submits an offer to Lisa to purchase Lisa’s home for $150,000. Lisa responds to John’s offer with a counteroffer: she will sell John her home for$175,000. John then offers to
Joanne Dorman works as a paralegal in the claims department of an automobile insurance company. She is asked to review a claim brought by Derek Farmer, her nephew. Derek is a college student with few
What are some of the tasks a paralegal who assists in insurance-related litigation might perform?
What is the difference between an insurance agent and an insurance broker? Why is this dif ference significant for people seeking insurance coverage?
Define an insurable interest. How does an insurable interest arise in property? In another’s life?
What are the various classifications of insurance?
Explain what law governs the sale of real property.Describe the basic steps involved in the sale of real estate. What role does an escrow agent play?
Explain the difference between real property and per sonal property. What is a fee simple? List and define the other ways in which ownership rights in property can be held.
Rosalia, a very experienced paralegal, works in a firm specializing in appellate law practice. She prepares many legal briefs along with her supervising attorney, and sometimes her supervising
Based on the material on intellectual property law presented in the chapter, in which of the following situations would a court likely hold Maruta liable for copyright or trademark infringement?a. At
Using the requirements for an offer that were stated in the chapter, draft a simple offer to purchase a used iPad from a classmate. Make sure that the offer is definite and certain. Next, write an
Joel goes to an expensive restaurant in New York for lunch. He orders the special, pasta with white truffles.The price is not given, and he does not ask the waiter how much it costs. When the bill
Using the material on contract law presented in this chapter, identify which defenses the defendants in the following hypothetical cases might use in an action for breach of contract:a. Mrs.
Using the material on acceptances presented in this chapter, identify which situation below will result in a contract:a. Kelly offers to sell her used algebra textbook to Patrick for $50. He
Bernie, the sole owner of a small business, has a large piece of used farm equipment for sale. He offers to sell the equipment to Hank for $10,000.Discuss what happens to the offer in the following
Using the material on contract law in this chapter, identify which contract below is a bilateral contract and which is a unilateral contract:a. Juanita offers to sell Mier her laptop for $200. Mier
Shayna is a paralegal at a bank. She reviews a package of loan documents for a complex com mercial transaction that has been submitted by the lawyers for the borrower. She does not fully understand
List the four major forms of intellectual property and describe what intellectual property is. Why is it sig nificant in the law today?
What kinds of electronic contracts do the courts enforce? What constitutes an electronic signature, and what makes it valid? What state and federal laws govern electronic signatures and contracts?
Describe the remedies that are available when a con tract is breached. What is specific performance, and in what circumstances is it available?
What is the Uniform Commercial Code (UCC), and to what types of contracts does it apply? How does the UCC affect the common law of contracts? What warranties exist under the UCC?
Consideration, a requirement for a valid con tract, is defined as something of value. What items, other than money, meet this definition? Explain how consideration distinguishes a contract from a
What are the four basic requirements for forming a valid contract? Are there any circumstances in which the court will enforce the parties’ agreement even though it lacks consideration? What
Carmen buys a television set manufactured by AKI Electronics. She is going on vacation, so she takes the set to her mother’s house for her mother to use.Because the set is defective, it explodes,
A law school has an open admissions policy, and because of an antiquated state law, it accepts students with the equivalent of an associate’s degree. Once admitted, students must earn a grade of
Two middle-school girls labeled a male gym teacher a “perv” and “creeper.” They spread false rumors that he inappropriately touched students and peeked into the girls’ locker room. The
During the Ebola crisis, hospitals throughout the United States set up protocols for handling Ebola patients, including providing an Ebola checklist for use by emergency room staff. When the first
Bob is driving to work for his morning shift at the plant when he encounters strikers who are picketing and blocking the entrance to the factory. Bob can not afford to lose his job, so he decides to
Chloe is a new paralegal interviewing a client who wants to sue the manufacturer of an allegedly defec tive elliptical-training machine. The client claims that while he was using the machine, it
What are the three characteristics of abnormally dan gerous activities?
List and describe the six areas of federal consumer law discussed in the chapter. Do states have consumer protection laws? If so, what level of consumer protec tion do state laws provide?
What is product liability? What are the three legal theories for product liability suits? List and define the affirmative defenses to a product liability suit.
List and define the four elements of negligence. Why is the duty of care of professionals different from the duty of an ordinary person? What are the defenses to a negligence action?
Define intentional tort. List the elements of assault, battery, intentional infliction of emotional distress, and defamation. How do intentional torts against persons differ from cyber torts?
Define tort. What is the purpose of tort law? What are the main categories of torts?
During a criminal trial involving child pornogra phy charges, the defendant’s lawyer returned late from the lunch recess. The trial resumed, and the defendant had no lawyer present for seven
A women’s clothing boutique posted information on Facebook about a leopard-print dress with hot pink and lime-green accents that was stolen from the store. The theft was captured on security
After answering a few background questions regard ing his name and title, a government official took the Fifth Amendment eighty-two times during the course of a hearing on corruption charges. What
The police pick up Larry and take him to the station for questioning in a local murder case. They detain him for three days. After two days of questioning, Larry says, “I want an attorney. You
Mona was laid off from her accounting job three years ago. Her unemployment compensation has run out, as has her severance package, and she has few prospects for finding work. Mona learns that a
Identify the following criminal procedures:a. Ani is charged with the crime of arson. She pleads not guilty and is bound over for trial in the district court.b. Reyna is taken to the police station,
Using the material presented in the chapter on state of mind, identify the type of homicide (involun tary manslaughter, voluntary manslaughter, or first degree murder) committed in each of the
Identify each of the following crimes by its classifica tion (petty offense, misdemeanor, felony):a. Jerry refuses to put his trash out at the curb for the weekly trash pickup. Instead, he lets it
A man who was not a lawyer opened a law office and filled out a court registration form using the Social Security number, birth date, law school credential, and last name of a real
Explain what happens during sentencing. Describe the various types of penalties and alternatives. What happens during an appeal?
List and explain the basic steps involved in criminal procedure from the time a crime is reported to the resolution of the case.
Which constitutional amendments provide rights to a person accused of a crime, and what rights are pro vided? What are Miranda rights, and which amend ments provide the basis for Miranda rights?
What are cyber crimes? What role has social media played in these crimes? What factors determine whether social media evidence deserves privacy protection?
What are the five traditional types of crime? What defenses can be raised against criminal liability?
What two elements are required for criminal liability?
What are the key differences between civil and criminal law?
Using Exhibit 12.2, draft a subpoena for a friendly witness using the following facts:Simon Kolstad, whose address is 100 Schoolcraft Road, Del Mar, California, is a witness to be subpoe naed in
Indicate what action the appellate court has taken in each hypothetical below (affirmed, modified, or reversed the trial court’s decision or remanded the case for further proceedings):a. A trial
Attorney Johnson calls witness Roberta Looper to the stand to testify. When the judge asks Roberta to raise her hand to be sworn in, Roberta refuses, saying that she is an atheist and cannot swear an
During jury selection for a medical malpractice trial, three employees of the insurance company that car ried the malpractice insurance for the doctor and hospital being sued were members of the jury
Using the material presented in the chapter, identify the motion that would be filed in each of the follow ing situations:a. A plaintiff’s attorney loses a case, and she believes that her loss is
Using the material from this chapter, identify the different phases of a trial (opening statement, direct examination, cross-examination, motion for directed verdict, closing statement, verdict) in
During the course of a products liability trial, a juror consulted the website howstuffworks.com to better understand components in the piece of equipment involved in the case. Aaron, a paralegal for
What is a writ of execution? What is a judgment creditor?
Describe the procedure for filing an appeal. What factors does an attorney consider when deciding whether a case should be appealed? Can the jury decide matters of law?
What are the different phases of a trial? List the process steps in attorneys’ questioning of witnesses.What is the difference between direct examination and cross-examination?

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