Understanding Business And Personal Law, Student Edition (BROWN: UNDER BUS & PERS LAW) 1st Edition McGraw-Hill Education - Solutions

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Describe Negligence.
When an individual creates and promotes malicious falsehoods about another that individual may be liable for:a. Libel.b. Slander.c. Defamation.d. All of the above.
An example of an intentional tort is:a. Defamation.b. Assault.c. Malicious prosecution.d. All of the above.
Define Torts.
The criminal act necessary to commit a crime is known as:a. Malice aforethought.b. Mens rea.c. Subjective fault.d. Actus reus.
Which of the following is a goal of an arraignment?a. The defendant is informed of the charge and enters a plea.b. Requires the defendant to bear the burden of proofc. Begins the inquisitorial system of adjudication.d. All of these are correct.
The burden of proof is a criminal case is:a. Reasonable suspicion.b. Beyond a reasonable doubt.c. Preponderance of evidence.d. Clear and convincing evidence.
Businesses can be charged with crimes.a. True.b. False.
What is the Foreign Corrupt Practices Act?
Distinguish between larceny and embezzlement.
The crime of larceny includes:1. The nontresspassory taking and controlling of personal property.2. The trespassory taking and carrying away of real or personal property.3. Joyriding.4. The trespassory taking and control of personal property.
What is a pump-and-dump scheme?
Explain White Collar Crime.
All of the sections of the Bill of Rights apply to corporations and commercial activities.a. True.b. False.
Which of the following is correct with regards to the powers of state government in the United States?a. All powers not specifically enumerated to the federal government are reserved to the states.b. The power over crimes is reserved to the federal government.c. The power over the militia is
The 14th Amendment is a part of the Bill of Rights.a. True.b. False.
The _____ of the constitution offers the most extensive protection for businesses.a. Supremacy Clause.b. Equal Protection Clause.c. Due Process Clause.d. Freedom of Speech Clause.
Describe the 2 types of Due Process.
The doctrine aimed at dividing the governing powers between the federal governments and the states is:a. Commerce Clause.b. Superior Clause.c. Supremacy Clause.d. Necessary and Proper Clause.
The doctrine aimed at dividing the governing powers between the federal governments and the states is:a. Judicial review.b. Federalism.c. Separation of powers.d. Preemption.
The _____ gives the federal government the authority to regulate interstate and international commerce.a. Supremacy Clause.b. 10th Amendment.c. Bill of Rights.d. Commerce Clause.
The Patient Protection and Affordable Care Act’s (also known as Obamacare) provision that mandated that individuals not insured through employment obtain minimum essential health insurance or face a penalty was upheld as constitutional by the 11th Circuit.a. True.b. False.
Explain Police Power and the Dormant Commerce Clause.
Distinguish between corporate social responsibility and social marketing.
The three dimensions of the triple bottom line include all of the following except:a. Profits.b. People.c. Planet.d. Promotion.
The benefits of Corporate Responsibility for a business include:a. Talent attraction.b. Consumer influence.c. Improved perception by investors.d. All of the above.
Where did the term Corporate Responsibility originate?
What’s the definition of Corporate Responsibility?
According to Kimberlee Leonard of the Houston Chronicle the elements that belong in a Code of Conduct for a company include all of the following except:a. Office Hours.b. Professional behaviors.c. Regulatory ethics.d. Legal considerations.
Ethical rules can be based on deep values of an organization which may include:a. Quality of products and services.b. Commitment to customers.c. How the organization gives back to the community.d. All of the above.
All of the following are examples of results of unethical business actions except:a. Recruitment and retention problems.b. Lower employee salaries.c. Negative employee relations.d. Poor company reputation.
Who decides the business ethics for a company?a. The HR department.b. The employees.c. Leadership.d. Consultants.
The following are the type of awards that may be issue by an arbitrator:a. Bare Bones.b. Reasoned.c. Both a and b.d. Neither a nor b.
All of the following are the most common applications of arbitration in the business context except:a. Labor.b. Business Transactions.c. Property Disputes.d. Torts.
Explain the differences between binding and non-binding arbitration.
Describe the typical steps in Arbitration.
All of the following are methods to enforce an arbitrator’s decision except:a. Writs of Execution.b. Garnishment.c. Fines.d. Liens.
Roger and Larry are having a dispute regarding their joint business. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. The best form of dispute resolution for their problem would be:a.
What’s the main benefit of e-mediation?
Name the steps in Mediation.
Mediation focuses on:a. Solutions.b. Testimony.c. Expert witnesses.d. Discoveries.
A person trained in conflict resolution is considered:a. An arbitrator.b. A mediator.c. A negotiator.d. A judge.
Explain the Thomas-Kilmann Conflict Mode Instrument.
How does the process of negotiation work?
What’s the definition of negotiation?
What’s the first step in Alternative Dispute Resolution?a. Conciliation.b. Mediation.c. Negotiation.d. Arbitration.
A process in which a third party selected by the disputants helps the parties to voluntarily resolve their disagreement is known as:a. Mediation.b. Discovery.c. Arbitration.d. Settlement.
Securities are only regulated by federal laws.a. True.b. False.
Consequences of being convicted a crime include all of the following except:a. Prison.b. Fines.c. Community service.d. Damages.
Forms of Alternative Dispute Resolution (“ADR”) include all of the following except:a. Mediation.b. Settlement.c. Litigation.d. Arbitration.
Some of the rights in the Constitution’s Bill of Rights extends to Corporations.a. True.b. False.
What is an Unfair Trade Practice and which Administrative Agency regulates it?
Regulations are:a. Laws passed by Congress.b. Rules made by local governments.c. Derived from decisions made by judges.d. Rules adopted by administrative agencies.
What is the supreme law of the land? What are statutes? What are ordinances? What is an administrative rule?
Where can you find a codification of federal laws?a. The library.b. Federal Court.c. United States Code.d. U.S. Library of Congress.
Four sources of law in the U.S. legal system are:a. Constitutional law, criminal law, civil law, and maritime law.b. Federal law, state law, international law, and maritime law.c. Statutory law, case law, equity, and common law.d. Constitutional law, judicial law, legislative law, and
Alex has been sued by Will for failure to pay rent for their apartment which source of law will govern this lawsuit?a. Administrative law.b. The Constitution.c. Civil Law.d. Criminal Law.
The legislature of the state of Wyoming enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies in:a. Wyoming only.b. only Wyoming and its bordering states.c. all states.d. all states but only to matters not covered by other
What is the difference between state and federal law?
As a judge, Baxter applies common law rules. These rules develop from:a. decisions of the courts in legal disputes.b. regulations issued by administrative agencies.c. statutes enacted by Congress and the state legislatures.d. uniform laws drafted by legal scholars.
What is the function of law in the United States?a. Establish standards.b. Promote consistency.c. Promote, provide, and maintain order.d. All of the above.
What country is the United States legal system derived from?a. Germany.b. United Kingdom.c. United States of America.d. Canada.
What Amendment to the U.S. Constitution does the statute enforce?
What process did the Court utilize to assist it in interpreting the meaning of the statute?
From what act did this statute originate?
On what basis did the intermediate appellate court affirm the trial court’s decision to dismiss the action?
What federal statute prohibits racial discrimination in the sale and rental of real estate?
Do you think the lease should contain special decoration and repair terms? Why or why not?
Do you think the security deposit should be raised because of the age of the tenants? If so, why?
Many college students do not attend school during summer. How can a lease address this issue?
Based on your research, present your lease to the class, and explain how it addresses college tenant issues.
Decide the type of tenancy and the terms of a lease agreement that you would recommend to your client.
Use newspaper archives or court records to research landlord/tenant disputes in your area.
Choose a partner, and review the information on tenancies and lease agreements in Chapter 33.
Respond What are some advantages of having a will when you die?
Question When should you make a will?Is writing a will something that you should do even when you are young? Why or why not?
Connect Will an employer pension plan be a factor when you are looking for a job?Why or why not?
Predict Why do you think there is an age requirement for collecting social security?
Using a variety of search engines, research the history of social security. What situation gave rise to social security, and why does it remain important today? Write a two-page paper explaining your findings.
Witness Signatures Joseph Katz signed his will in the presence of two witnesses. The witnesses, however, printed their names in the place provided for signature instead of signing. After Katz’s death, the will was presented for probate, and the witnesses signed an affidavit stating that they did
Social Security Carmen Ciciretti filed his application for retirement benefits under the Social Security Act and died 10 days later. The Social Security Administration, unaware of his death, sent him a check for$677.60. The executor of Ciciretti’s estate returned the check to the Social Security
Jean Johnson became angry at her son and tore up the original copy of her will, which had included a generous bequest to the son.She made a new will, leaving her son $1.After Johnson’s death the son tried to have the will set aside in favor of the previous will, a copy of which was found among
Bertha Bogart made her will according to the laws of her state. Six months later, she decided to leave a favorite uncle $2,000.She orally notified the executor named in her will, but she did not change her will.May the executor give Bogart’s uncle the$2,000? Why or why not?
Betsy Addis signs her will and has Paula Cantini, a friend, sign as a witness. Is this will valid? Explain your answer.
After Peter Ramirez’s death, two wills that he had made were found. One was dated May 20, 1986, and the other was marked June 17, 2001. Which should be accepted by the court? Explain your answer.
Darius Pelzer lived on a small income he had from property he inherited. After he reached 65 years of age, however, inflation made it difficult for him to live on this income. He applied for social security benefits. Will he get the benefits? Why or why not?
After working for Datatech Corporation for 10 years, Harry Bailey took a position with another company. Datatech Corporation notified Bailey that his pension benefits under the noncontributory pension plan terminated when he left. Does Bailey have any legal rights? Explain your answer.
Do your parents have wills? If no, why not?
When do you plan on making your first will?
At what age do you think someone should make a will?
What would happen to Justin’s assets and debts if he were to die without a will?
Would you recommend Justin make a will?Why or why not?
Ask for any advice he or she would offer a young person preparing to enter the workforce
Find out how that person prepared for retirement.
What is the difference between an executor/executrix and an administrator/administratrix?
In general, how much of an estate is a surviving spouse entitled to when his or her spouse dies?
What are the requirements to be “of sound mind”?
Saving for your retirement is extremely important. What might be the advantages of contributing to a contributory retirement plan? What might be the disadvantages?
How do you become eligible for social security benefits?
Save your letter, and share it with your relative.

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Understanding Business And Personal Law, Student Edition (BROWN: UNDER BUS & PERS LAW) 1st Edition McGraw-Hill Education - Solutions

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