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business
essentials business law
Business Law 5th Edition Robert W. Emerson J.D. - Solutions
Name two elements needed to show the existence of a trade secret.
Can computer programs be (a) copyrighted; (b) patented?
For each of the three main types of intellectual property that can be registered, state its duration, two examples (or a definition), and the degree to which the law is federal not state law.
Employer Ernst files for bankruptcy and requests that the bankruptcy judge nullify its collective bargaining agreement with the Factory Workers of America (FWA). Ernst also asks FWA to give up its status as the employees’ bargaining representative in return for some concessions by Ernst. Finally,
A union represents workers at “Boogieboard Industries Group—Cahuna Headphones Extraordinaire & Elaborate Surfboards &Emblems” (BIG-CHEESE). Which of the following union activities is permitted under federal labor relations laws?(a) Requiring that BIG-CHEESE only hire union members.(b)
Big Business has two groups of unionized workers on strike. Union A’s workers are protesting the discharge of their union president from her job with Big Business. Union A claims, and an NLRB administrative law judge ultimately agrees, that the discharge stemmed from the president’s union
An executive at Heavy-Handed, Inc. tells employees that unionization may lead to higher costs and force the shutdown of factories, resulting in unemployment for many workers. Is that statement a violation of labor.laws?
What is the difference between closed shops and union shops?
State the main goals or functions of the National Labor Relations Board.
While they cannot force workers either to join or leave a union, employers are free to form unions on behalf of their employees. True or False?
Name (a) at least three unfair labor practices by employers, and (b) at least four by unions.
For each action by a union, state whether it is likely to be an unfair labor practice:(a) refusing to accept a “reasonable” offer by the employer(b) charging the same amount in agency fees as in union dues(c) holding local union officer elections every six years(d) requiring that the employer
For each action by an employer, state whether it is likely to be an unfair labor practice.(a) refusal to bargain collectively with the certified employee representative;(b) discharging or discriminating against an employee because she filed charges or gave testimony under the NLRA;(c) telling a
What is least likely to be protected under the NLRA?(a) an employee signs a union authorization card(b) an employee selected by a committee of ten employees presents the employer with a list of employee grievances(c) an employee protests when the employer chooses someone else for a promotion to a
Federal courts have broad powers to curb or enjoin any strikes found to be economically “counter-productive.” True or False?
At common law, labor unions were exempt from criminal conspiracy and restraint oftrade charges. True or False?
Corky Creep fires Fanny Fritz, age 50, because he “just doesn’t like that dame.” What legal actions may Fanny bring (a) without any specific employment statute to rely upon; (b) with respect to federal statutes?
An assembly-line worker must leave home at 6:00 a.m. to arrive at work at 6:45 a.m. Once there, he must undertake various readings of instruments and also some maintenance tasks for several pieces of equipment used on the assembly-line. By the time he completes these tasks it is 7:00 a.m. and his
You are very concerned about a series of unreported near-mishaps where you work. Safety procedures failed, and poorly trained employees almost suffered serious harm. You have told your supervisor that the government needs to be informed. She refuses to do so, nor will she bring the matter to the
Werner is at work when he is injured by a tool operated by his colleague, Monica. Name three parties against whom Werner might have an action; and for each one state the type of claim.
The Equal Pay Act provides “comparable worth” rights. True or False?
FICA contributions are used to pay for a fund maintained under the Americans with Disabilities Act. True or False?
Name an important Supreme Court decision concerning: (a) sexual harassment; (b) mandatory arbitration of employment discrimination claims.
The “pattern or practice of discrimination” case often involves statistical comparisons of the relevant labor market population and the employer’s work force. True or False?
An “adverse impact” case requires proof of intent to discriminate.True or False?
Name the federal commission that oversees the enforcement of several antidiscrimination statutes.
Does Title VII apply to all businesses?
Name two statutes intended to furnish financial protection for people’s retirement.
Name two statutes intended to protect or assist people who are, or likely will be, unemployed.
No one under age 16 is permitted to work, except either for a business owned and operated by relatives or as an unpaid volunteer.True or False?
Name three functions of the Occupational Safety and Health Administration.
Each state has its own workers’ compensation program, with the pertinent law, administration, and funding at the state, not the federal, level of government. True or False?
Workers’ compensation programs are applicable to injuries in the scope of employment, are no-fault programs, generally eliminate the employee’s right to sue his employer for negligence, and provide for compensation according to a general schedule of benefits. True or False?
A new, federally funded project will destroy a 30-square-mile •section of grasses commonly found throughout the southern United States.It will not directly harm an endangered rodent species that lives almost exclusively in that 30-square-mile area and uses the grasses to hide from its predators.
It will be extremely expensive to remove hazardous waste from a section of land that has both a public owner (the state) and a number of private owners. What legal remedies are available?
You are in charge of a construction project that uses federal funds and will necessitate discharges into waterways and the atmosphere,(a) What three types of documents should you develop or obtain?(b) If you fail to do so, what are the possible consequences?
Instead of litigation, governments, businesses, and environmental groups have increasingly used alternative dispute resolution techniques to try to resolve environmental disputes. True or False?
Name the three principal areas covered by the Federal Environmental Pesticide Control Act.
Name four or more actions that RCRA requires of various hazardous waste handlers.
Name at least ten federal environmental statutes.
Other than statutes, the main bases for legal relief from pollution have been what type of claims?
You are the chief executive for a nationwide, Fortune 500 Company. A little firm in the Midwest keeps underselling your company’s product, P. Can you lower P’s price in response, doing so only in the Midwest’
Amalgamated Bigshot Company (ABC) controls 80% of the market in retail sales of buckshot. ABC wants to take over (1) Diddly Squat Sales (DSS), which controls 7% of buckshot retail sales; (2) Mid-Sized Manufacturers (MSM), which has no retail sales but manufactures approximately 30% of all buckshot;
Irvin Inventor has recently developed a unique hat cleaner. To reap a“fair” profit (Irvin earns royalties on each cleaner sold), and to protect his product from intrabrand competition, Irvin has allowed only one retailer per state to sell his product.(a) What kind of arrangement has Irvin set
Tinytown is served by only a single convenience store, Pop’s Place.There is adequate space for like stores to be built, but none have been constructed in years. Visitors to Tinytown notice that the prices at the store are much higher than those at stores from their hometown. Under what
Ivy League universities signed a consent decree with the U.S.Department of Justice agreeing to stop meeting and exchanging among themselves information regarding their costs of operation and the financial needs of their students. The tuition charged by each of these private universities is close to
Bambi’s Bikes is the major wholesale distributor of bicycles and bike parts in North and South Carolina. Its closest competitor is Wilma’s Wheels, another bike and bike parts business. Bambi’s Bikes and Wilma’s Wheels agree that Bambi will distribute bikes throughout all of the Carolinas
(a) List at least five activities exempted from the antitrust laws.(b) How much “leeway” is allowed in interpreting antitrust exemptions?
(a) What are three factors that the FTC considers in determining whether business practices are unfair or deceptive?(b) What may the FTC do to enforce the antitrust laws?
What are six items necessary to prove price discrimination illegal?
Under what circumstances are different prices permitted under the Robinson-Patman Act5
What are the two relevant markets to consider when alleging the illegal use of market power?
What is the relationship between elasticity and market power?
Explain the potential entrant effect.9- What two facts must be proved for a “failing firm defense” to be successful5
What sanctions are available under (a) the Sherman Act; (b) the Clayton Act5
Name three activities declared unlawful by the Clayton Act.
What three elements must be established to prove an illegal tying arrangement?
Name five perse antitrust violations.
Name two advantages ofjudging antitrust cases according to theperse rule.
What is the name of the antitrust law doctrine that holds that most accidental and reasonable restraints of trade are not prohibited if connected to a legitimate business goal?
Name the four major statutes comprising the body of federal antitrust law.
(a) Ichabod Insured has a liability insurance policy covering all negligent acts by employees. One of his employees behaves negligently, and Ichabod is sued. The insurer refuses to provide Ichabod with a defense because it believes that the employee was not meant to be covered by the policy.
Ollie Oldman dies intestate. He had no wife and no children or other descendants. Ollie’s parents have long been dead. His only sister and only brother predeceased Ollie, but those two siblings each had three children, all of whom are alive. What happens to Ollie’s estate?
Name several types ofinsurance.
What insurable interest can a person have in (a) life insurance; (b) property insurance?
Name three general requirements for a will to be effective.
State the two most basic categories oftrusts.
Carrie Kiddie passes through Nellie Neighbor’s yard every school day in order to catch the bus, and to return home after getting off the bus.This use continues for several years, during the school year. When Carrie’s parents sell their house, the new owners start to use Carrie’s former
A fee simple owner conveys a life estate to L, with the remainder to R.L wants to lease his interest. May he do so?
(a) Husband Harry and wife Wilma own property P as tenants by the entirety. Without telling Wilma, Harry transfers his interest in P to Otherwoman Olive. Harry dies. Wilma then dies, with her will leaving each of her heirs an equal interest in P. How much of P do the heirs own, and how much does
Shipper’s goods are damaged during transit by a common carrier. No one can show why. Who will probably be liable?
While you are in a restaurant, you find a diamond-studded hat under your chair. Is it now yours? Discuss.
Joe suffers a heart attack. Believing he hears the “flapping wings of the Angel of Death,” he gives his prized sports trophies to Herb. Joe recovers. When he asks for the trophies back, Herb says, “Sorry, Joe; they’re mine now.”(a) Can Joe get the trophies back?(b) What ifJoe recovers,
Daryl Dentist leases an office from Laura Landlady. He has hung several abstract paintings on the walls, and has strongly bolted and attached his dental equipment to the walls and to plumbing and electric outlets. Now that his lease is expiring, Daryl wants to take all of this property to a new
In most states, what is the test of the landowner’s due care toward visitors?
(a) What are the four main types ofleaseholds?(b) Name four implied covenants.
Name three possessory and three nonpossessory interests in real property.
Name eight rights associated with land ownership.
(a) Name two examples of voluntary transfer of real property, and name the document that must be delivered in order to make such transfers.(b) Name three types of deeds.(c) Name four methods ofinvoluntary transfer ofreal property.
Is it necessary to record a deed? If not, why do it5
If your state follows the community property system, in what region of the United States do you live?
Name four types of bailments and the bailee’s duty of care for each.
What are the four requirements for a bailment5
What are the three basic elements of a gift?
Name at least five forms of intangible personal property.
Sunshine Pharmaceutical Company manufactures drugs and medicines. It produced a vaccine for a national swine flu immunization program. Speck, a vaccinee, was partially paralyzed after being vaccinated, and medical experts believe that the vaccine caused the paralysis. Does Speck have a valid claim
Free State Fireworks Company, Colesville, Maryland, purchased a shipment of fireworks from Hercules Powder Company, FOB seller’s plant, Apopka, Florida. While the shipment was in transit from Apopka to Colesville, the fireworks exploded, killing three persons and causing a vast amount of property
Wally Worker suspects that his employer, Crass Conglomerates, Inc., may have rigged prices with its main supposed competitor. He raises questions with his superior, Brenda Boss, who fires him. Wally’s union goes on strike in protest. The strike prevents Crass from meeting its existing contracts
Cory Criminal takes a bicycle left unattended on Vera Victim’s front porch. Cory rides the bicycle all over town and fastens to the frame his own flashing neon bicycle license plate, emblazoned “CORY’S.”(a) What crime has Cory committed?(b) What crime would it be if Cory broke through a
Early one evening, Lucy Luscious stops Sidney Susceptible on a city sidewalk in the “red light” district. Hitching up her tight skirt a notch as she sits on a bench, Lucy asks for the time. Sidney gives it. Lucy asks Sidney to light her cigarette. He does. Lucy asks Sidney to sit down and join
(a) Should the finding “not guilty, by reason of insanity” be replaced by the verdict “guilty, but insane”?(b) If so, how should such “guilty” defendants be punished?
Sally Silly is or was your embezzling employee. Alas, she may not be“quite right in the head.”(a) In a criminal prosecution, what defense may her attorney raise?(b) What if Sally’s problems stemmed from alcoholism?(c) What if Sally claims she stole from the company out of love for a man she
One of your employees may have embezzled thousands of dollars from your company. What may you do to stop her, to investigate her, to convict her?
Lany Loaded drove his 18-wheeler into the side of a schoolhouse. He destroyed the school cafeteria, frightened but left physically uninjured a number of children, and did serious harm to his own body. When the school principal pulled Larry out of the wreckage, she found a nearly empty bottle of
Workers from a moving company are delivering furniture to an apartment. While Holly Hapless is walking by, a chair crashes through a window of the apartment and lands on her foot, causing injury. What two Latin terms may play key parts in Holly’s case against the moving company?
For several months Derek Dirt has allowed his garbage to accumulate in his backyard, next to a school playground. Little "Wendy Wanderer, age five, sees what to her promises to be a nice toy among the trash. Upon coming closer, she is bitten by a rat.Wendy screams and then faints. Her nearby mother
You believe that wealthy Sam Sick has been molesting your 1O-yearold child. However, a jury has acquitted Sam of all criminal charges,(a) Can he be sued? (b) How would a civil trial be different from the criminal case?
Is privity of contract required for a person to win a claim for breach of warranty?
How does the Magnuson-Moss Act affect warranty law?
What is the basis of a seller’s tort liability for defective goods? How can sellers protect themselves?
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