Questions and Answers of Law business personal use

In August 1981, President Ronald Reagan, confronted by striking federal air-traffic controllers who threatened to shut down the nation’s airlines, fired them all. The president justified his
A strike at the Titan Stone Works was in its fifth week when Paxton, a federal mediator, was called in. After long discussions with both sides, she persuaded the union representatives to accept
Joan and the other members of her union were striking for higher wages. Management made a public announcement that workers who failed to report on the following Monday would be permanently replaced.
O’Donnell felt that management at the company where he worked was engaging in unfair labor practices. He complained in public and filed charges with the NLRB. Those charges were dismissed. Later he
When a national union sent organizers to try to persuade Baker’s workers to join the union, Baker called three of her most trusted employees to her office. She urged them to organize a new union
Research the strike called by John L. Lewis, the head of the United Mine Workers (UAW), during the height of World War II. More than half a million workers went out on strike and stayed out in
Charlee discovers that the vast majority of the would-be members of her prospective union are not citizens. Write a paragraph analyzing why this should matter or not in forming a union.
Explain which boycotts are legal and which are not in a short paragraph.
Invent four examples of unfair labor practices by management. Describe each in a separate paragraph.
Invent four examples of unfair labor practices by a union. Describe each in a separate paragraph.
Contrast the various types of “shops” that determine the nature of an employee’s relationship with her or his union.
How can members of a bargaining unit change their selection of the union that represents them?
Explain the steps involved in establishing a new union.
Explain the history of labor law.
1. Would the failure of the club to act in 2004 in response to Giambi’s admissions of steroid use in 2002 and 2003 have a bearing on the case?2. Which contract would be held as superior, the
Walgreen Company planned to open a restaurant in Duluth, Minnesota. A.J. Gatzke, a district manager for Walgreen, was sent to Duluth to supervise the opening. Gatzke obtained a room—paid for by
Central Indiana Gas Co. hired Frampton. Later Frampton was required to serve on a jury. Because he missed work for jury duty, he was fired. He sued. Will he win? (Frampton v. Central Indiana Gas Co.,
Lucky Stores, Inc., owned a building with a large sign spelling out “ARDENS” on it. Lucky hired Q.R.I. Corporation as an independent contractor to remove the sign. The removal work was inherently
Whirlpool operated a manufacturing facility that used overhead conveyors to transport parts around the plant. Because the parts sometimes fell from the overhead conveyor belt, Whirlpool installed a
Gale, an umpire, was a member of the Greater Washington Softball Umpires Association. During a game which Gale was officiating, a player objected to his decision on a play. The player then struck
Thomas P. Finley worked for Aetna Life Insurance. Aetna had a company personnel manual that stated that employees would “not be terminated so long as their performance is satisfactory.” Finley
Cerney operated a computer programming business. Sharon began working for Cerney after school because she could program in a useful language. When she was hired, she was told she would be paid $14
Harrison was hired as an electrical engineer, but there was no agreement about the length of the employment period. At the time he was hired he was told that he would not be fired unless he failed to
Myron owned Crossroads Service Station. He directed Pat, an employee, to put re-refined oil into the unlabeled oil jars displayed for sale. Pat knew that the law required re-refined oil to be labeled
Chin interviewed Caroline for a position as a cashier in her grocery store. She described the job responsibilities, the days and hours Caroline would work, the attitude she wanted Caroline to
Consider how conditions of employment have changed since the turn of the twentieth century by reading The Jungle by Upton Sinclair. Sinclair, one of the famous authors dubbed “muckrakers” by
What sanctions would the Army impose on Justin if he reacted in combat as he planned? Would these be ethical?
Contact the embassies of several foreign countries, being sure to include at least one country from each populated continent. Ask for a list of employee and employer rights and protections in the
Investigate the actions and results of Canada’s reaction to the UN Convention on the Rights of the Child. Compare Canada’s overall response to that of the United States. Do you agree with the
Write a short comparative essay on the origins and evolution of your state’s unemployment compensation programs and the federal unemployment compensation programs. Include the social, economic, and
Write a short description of a job you know about. Next write two or three sentences describing an employment contract for that job that makes it terminable at will. Last, write another two or three
What are the basic provisions of the Fair Labor Standards Act?
Explain how courts will decide whether an employment contract is terminable at will.
Evaluate the employer’s exposure to liability due to employee and independent contractor activities.
Describe the difference between an independent contractor and an employee.
1. Do you think the Church or the mortgage holders should pay?2. What specific conduct does the court point to as constituting the ratification?The First Parish Unitarian Church of East Bridgewater
Margaret Berry was admitted to the hospital in February. In March, she executed a power of attorney designating her niece, Irene Montanye, as her agent. In April, Margaret suffered a stroke. She
MBank hired El Paso Recovery Services to repossess the Pontiac Trans Am owned by Sanchez because she was late on her loan payments. The repossessor went to Sanchez’s home with a tow truck and tried
Smith and Edwards operated a sporting goods shop in Brigham City, Utah. Sponsors of the Golden Spike Little League made arrangements with the store to purchase, at a substantial discount, the
Mrs. Terry is dealing with Alice, a clerk in Peters Department Store. Mrs. Terry sees a cashmere sweater she likes, but she notices it is slightly soiled. Alice, pushing for a sale, agrees to mark it
Serges owned a retail butcher shop. One of his managers borrowed $3,500 from David for use in the butcher shop. Serges claimed that the manager had no authority to borrow money. Nevertheless, Serges
Nissan Motor Corporation appointed McKnight as its Denver area agent and dealer for the sale of its automobiles. McKnight purchased automobiles and parts from Nissan. He then sold them as he desired
Baroni asked her boyfriend, Sid, to help her sell her car. She promised to pay Sid 10 percent of the sales price. Sid agreed. Later, when trying to sell the car, Sid stated that a rebuilt engine had
Bud was a real estate broker. He was acting as the agent in finding a buyer for Crib’s home. A seller made an offer of $250,000 for the property but said, “If Mr. Crib doesn’t accept this
When Kraus discharged his purchasing agent, Stacey, and terminated their agency relationship, Stacey became angry. To get even, Stacey made two contracts that included terms that were unfavorable to
Susan celebrated her sixteenth birthday. Two weeks later she went shopping for a car using money she received. She became frustrated with the process and asked her father to select and purchase an
Read a book on the marketing of athletes, such as The Business of Sports Agents by Shropshire and Davis. Then report to the class on the ethics and legalities of sports agency.
Five years later, Osiris was killed in the crash of his private jet. Alexis then sought to enforce her rights under the prenuptial agreement. Amile, Osiris’ son, who stood to inherit Osiris’
Create a one-paragraph scenario where the fiduciary duty of confidentiality has been violated.
Create a one-paragraph scenario where the fiduciary duty of reasonable care and skill has been violated.
Create a one-paragraph scenario where a principal ratifies conduct outside the scope of authority.
Describe the fiduciary duty of loyalty.
Explain the rationale for trust accounts.
Describe the fiduciary duty of confidentiality.
Describe a transaction where a principal creates apparent authority. Describe a transaction where an agent acts outside the scope of authority.
Distinguish the effect of minority on the position of principal versus the position of agent.
1. What is a will?2. Why is it important for a young, healthy family to have a will?3. What can happen to an estate when no will exists?4. Why should an individual consider hiring an attorney when
1. Research to find a local environmental issue.2. Use the Internet to find the closest chapter of the Sierra Club. Contact them to see if they are working on the issue.3. Research the issue and make
1. Did the decedent have testamentary capacity?2. Did the decedent act of his own free will in cutting out his son and the son’s family, or was Inga’s influence too great?3. How should the court
When Edwin Fickes died his will provided that a trust should be established and that it should be split “in equal portions between the grandchildren then living” upon the death of his last
Mr. Suarez purchased a $50,000 insurance policy on himself from Liberty National Insurance Company. As beneficiary, he designated his mother, Guarina Cardona. Months later Suarez met with his
Gillespie, during a visit to his bank, dictated a codicil to his will. It was typed and signed by Gillespie before he left the bank. However, it was not until later that two bank employees signed the
When the administrator of Courziel’s estate opened the safe deposit box that contained a copy of Courziel’s will, he found the will was missing the last page. Unfortunately this page contained
Joyner wrote out her will and took it to the neighbors to type and sign as witnesses. She only told them that it was a “piece of paper” that she wanted “fixed up so as I can sign it so that
Ralph Mangan was wounded by a gunshot in 1971. He was hospitalized and later moved to a nursing home. There, he executed a will dated February 23, 1972. After his release from the nursing home, he
Paula has a number of creditors mainly because of her gambling problem. Will these creditors want to have the $500,000 included in the estate if Tim’s will is held to be valid? Will they want the
Suspicious of the validity of the will, the probate court appointed a neutral party rather than Paula as executor. The executor discovered that, about two months before his death, Tim had placed
Not only was Tim’s will attacked by the other two children as soon as it was filed in probate court but Tim’s wife suddenly reappeared. They thought she had drowned two years before when a golf
On his deathbed, Tim’s youngest child, Paula, finally persuades him to make a will. The other two children are rushing to be at Tim’s bedside but have not arrived yet. A nurse overhears Paula
Tim had a considerable estate. He also had three children whom he loved dearly. He did not want to show any favoritism in the distribution of his estate after his death. Therefore, he decided not to
Read recent articles in medical journals to determine just how we currently define a vegetative state from a medical standpoint and, thereby, the standards the medical evaluations the courts use to
Write a letter to your legislative representative taking a stand either for or against the government taking control of such situations and deciding when people in Jewell Marie’s situation can be
What qualities would you want in the trustee of your estate? List them in order of importance.
How could you use a trust in your life? Draft a document to set it up.
Draft a will for yourself.
Is it fair for individuals under age 18 not to have testamentary capacity? Write a comparison of “legal ages” such as to drive and to consume alcoholic beverages and identify the traits necessary
Could a constructive trust be used in situations in which the property is not wrongfully obtained from the true owner? Why or why not?
Does a resulting trust carry out the wishes of the settlor? Why or why not?
What are the advantages of using a revocable living trust instead of a will to pass along property to would-be inheritors?
Is a spendthrift trust fair to the creditors of the settlor? Why or why not?
What is the difference between a per stirpes and a per capita distribution?
Why would a holographic will be disallowed?
What changes in the settlor’s life should cause the updating of a will?
Gary Stallings was on active duty with the National Guard when the three-quarter-ton truck he was driving overturned and caused a fellow Guard member and passenger, Robert Ward, bodily injury.
When Wilson and his passenger Davison were injured in an automobile accident, the insurance company stated that the policy on Wilson excluded coverage of more than one person in a single accident.
Milburn carried automobile damage and theft insurance on his Cadillac sedan as required by the creditor on his car loan. Milburn could no longer make the payments. He turned the car over to an
In the life insurance policy agreed to by James McElroy was a term that read, “if the insured is over the age of 54 years at the date hereof, this policy is void. . . .” McElroy was indeed over
Lakin sued the Postal Life and Casualty Insurance Company for its failure to pay him, as beneficiary, under an insurance policy on the life of his business partner, Hankinson. Evidence presented at
Antrell made an offer to purchase a building on the Leech Lake Indian Reservation for $300. He paid $100 in cash at the time he made the offer and received the keys to the structure. Without
Sarnof took a summer job to earn money for his college education. On his way home from work late one evening, a drunken driver ran a red light and smashed into Sarnof’s car. Sarnof’s medical
Dr. Bray performed a tympanoplasty (eardrum replacement) on Azle. The operation appeared to be successful, but one year later another doctor found the ear canal to be completely closed due to the
McNeely owned a go-cart track on which the public was invited to race the small motorized carts that she provided. Collisions and upsets occurred relatively frequently. What type of insurance would
Claudia James took out a $200,000 life insurance policy on her husband and named herself as beneficiary. Three months later they were divorced, and a month after that her ex-husband died in a car
An abandoned store surrounded by high, dry weeds stood adjacent to a frequently traveled road near Ashleigh’s home. She realized that the store would be destroyed if just one cigarette butt were
Research the issues surrounding the passage of the Medicare prescription drug program in November of 2003. Note especially how the program’s passage, funding, and future were treated during the
Write a persuasive opening statement that emphasizes the legal and ethical points in your favor. Write a persuasive opening statement that emphasizes the legal and ethical points in the insurer’s
Compose a persuasive written statement for the editorial page of your newspaper as to why flight insurance should be no longer allowed.
Why should renters and tenants have fire and liability insurance?
The insurable interest in life only has to be present when the policy is taken out. Can you think of situations where this might lead to problems?
What is the purpose of fidelity insurance?

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