West AcademicS Legal Environment Of Business 1st Edition Na - Solutions

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Question 5:Carla is browsing in a clothing store. The only other person there is Emma, a sales clerk. Emma has a large stack of clothes that she is putting on the rack. She decides she likes one of the blouses she is hanging up, and puts in under her arm to take it home. Emma sees Carla watching
Question 4:David does the accounting for his employer, Avaricia, Inc. Sheila, the CEO of Avaricia, tells him that the company needs to get a loan, but the bank does not feel that Avaricia has enough revenue coming in to make the payments. Sheila asks David to prepare a series of false invoices and
Question 3:Gil is a paralegal working for a publicly-traded corporation, and his girlfriend, Bertha, is a computer technician for the same company. Gil learns that the corporation they work for could be a target of a takeover attempt by a hedge fund. He and Bertha discuss the matter, and come to
Question 2:Sheriff Omar believes that Edgar is using or trafficking in marijuana, but has been unable to find any proof, beyond smelling marijuana smoke whenever Edgar is nearby. Omar asks two of Edgar’s neighbors if they know anything about his marijuana use. The neighbors say that they have
Question 1:Betty works as a bookkeeper for a corporation. One day, she tells her boss, Carlos, that she is short of money. Carlos says, “Just do what I used to do. Every now and then, cut yourself a company check. No one will care, as long as you don’t make the checks too big.” Betty starts
Review question 8.When is insider trading unlawful? Who is an “insider”? When may an insider act despite having special knowledge about a company or transaction? Why does the law bar insider trading? At what point is information no longer considered “inside”?
Review question 7.What is embezzlement? How does it differ from other types of theft? Is it still embezzlement if the person taking the funds just “borrows” the money with the intent to replace it?
Review question 6.When can a corporation be held criminally responsible? If only one person is responsible for a company’s criminal act, did that person also act criminally? How does the legal system punish criminal wrongdoing by a corporation?
Review question 5.What motivation is typical in corporate crimes? Do criminal sentences for corporations provide a complete remedy? Why is white collar crime so pervasive?
Review question 4.Which constitutional amendment protects against cruel and unusual punishment?What is a grossly disproportionate penalty for a crime? What is the goal of sentencing guidelines? Why do judges have discretion in determining sentences for those convicted of crimes?
Review question 3.What is an inchoate crime? Is there a difference between an inchoate crime and an attempted crime? What is necessary for a conspiracy to become a crime?
Review question 2.How does mens rea differ from actus reus? How are both important to establishing criminal liability?
Review question 1.What is mens rea? What are the two types of intent and how do they differ? What types of crimes are related to each type of intent? Under what circumstances is intent irrelevant to criminal responsibility?
Question 3:In which of the following cases would the consumer be granted a cooling off period?Are there situations where a cooling off period would make sense, even though the law does not allow for one?Purchasing groceries at the local store.Ordering a custom tailored suit.Buying a vacation
Question 4:Sunrise Dawn Farms is a small organic farm operation. The CEO does not use any mass-produced pesticides, but developed his own completely organic solution by soaking fresh garlic and coffee grounds in diluted orange juice. It does not eliminate all the insects that attack crops, but it
Question 3:Shadi has come up with a recipe for a new beverage made from fruit and vegetable extracts. He starts to sell the beverage, advertising it as “Delicately Delicious.”Unfortunately, the usual reaction of anyone who tries the drink is to spit it out because of its acrid taste. Shadi then
Question 2:Acrylic acid is on the official list of toxic substances. Clarinda has obtained a quantity of acrylic acid. She operates a business that makes industrial adhesives, and she intends to use the acrylic acid to manufacture a specialty glue. Clarinda is concerned that the chemical is illegal
Question I:Bill opens a business selling bicycles. His inventory consists of bicycles he builds from parts of other bicycles. He advertises these as “New Handmade Bikes by Bill.”Is Bill committing a deceptive trade practice? Why or why not?Is Bill’s advertisement deceptive under FTC rules?
Review question 9.What is a “Superfund” site? Which federal law deals with these sites? Which agency regulates how they are treated?
Review question 8.Describe SEC 10-b5 and its importance. How does Sarbanes-Oxley differ from rules like 10-b5?
Review question 7.How are agencies created? What law created the Securities and Exchange Commission?How do agencies gain the power to create regulations? What are the limits on that power?
Review question 6.What is the JOBS Act? What does it call on the SEC to accomplish? What does JOBS stand for?
Review question 5.According to the FTC, when is a representation “material?”
Review question 4.Where are new federal administrative regulations published? If a state and the federal government both regulate an issue, how does a business know which regulation applies? How can businesses and the public become involved in state and federal rule-making?
Review question 3.What are “Blue Sky” laws? How do they interact with other types of securities laws?Where are these laws enacted?
Review question 2. What is the name of the federal law that sets out how administrative regulations are made? Describe the process for rule-making set out under that law. How does legisla- tion interact with administrative regulations?
Review question 1. What federal agencies regulate advertising? Does it matter what product is adver- tised? How do standards differ for various products?
Question 5:Pravesh sells handmade wooden toys. He is looking for a retail location to sell the toys. He would like to be in a specific neighborhood near his home, but there is limited open retail space in that area. Denise owns a large apartment building adjacent to the main shopping area. She has
Question 3:A shoe manufacturer in Levelland, Texas ordered a shaping machine from a dealer in Cleveland, Ohio. When the machine arrives on June 23, it is damaged beyond repair. Explain which party bears the risk of loss in each of these situations.The sales contract contained the term “F.O.B.
Question 2:A Jim Norton store is located in a suburban strip mall. There is an empty storefront at the opposite end of the mall. The mall’s owner leases that space to O-So-Yummy.Is this a violation of Jim Norton’s right of quiet enjoyment? Why or why not?Suppose the foot traffic to Jim
Question 1:Delish, O-So-Yummy, and Jim Norton are competing companies that operate chains of donut shops. They agree to form an association, the National Donut Association, to discuss and address common interests. At the Association's first meeting, discussions revolve around land use restrictions,
Review question 7.What is the difference between tenants-in-common and joint tenants? Why might you choose one form over the other?
Review question 6.What are the four freedoms and how do they work within a common market? What are the differences between a common market and a customs union? Between a customs union and a free trade area?
Review question 5.What is the Sarbanes-Oxley Act? How does it impact financial reporting? Are there businesses that do not need to adhere to the Act? Why or why not?
Review question 4.What is quiet enjoyment? To whom does quiet enjoyment apply? What types of actions (or failures to act) might violate quiet enjoyment?
Review question 3.Who is responsible for the accuracy of financial statements of publicly-traded corporations?What type of financial information must be disclosed?
Review question 2.What is a “horizontal” merger? What is a “vertical” merger? How does the law treat each type of merger? What law requires government approval of large corporate mergers? Does federal law prohibit monopolies?
Review question 1.Define “F.O.B.” How does F.O.B. differ under the UCC and Incoterms? What other information should be included with F.O.B. or other trade terms? What terms are most appropriate for domestic shipments? For international shipments?
Question 3:Title VII prohibits discrimination on the basis of race, color, national origin, sex, or religion. Some state human rights laws add further protections, such as sexual orientation, gender identity, or “creed” (a subset of religion usually referring to how an individual legally
Question 4:Maher works at 4Q Manufacturing in assembly. When he started work, he received an employee handbook. The handbook contained a section about discipline. The section said that if an employee broke a rule, then he or she would receive an oral warning. If the employee broke a second rule,
Question 3:Chris is a human resources manager for Bigg & Large Corp., a multinational corporation headquartered in Memphis. Bigg & Large manufacturers, distributes, and sells a variety of food products worldwide. The company employs 6,000 workers across the world, 5,000 of which work in Memphis.
Question 2:Lois is a black female employee of Energy Enterprises. Energy Enterprises has 267 employees. Lois is 48 years old, and has worked at the company for 25 years. Lois has received good work performance evaluations and has received several promotions over the years. She is currently a
Question I:Amy is a software programmer. Amy works for a company called Amazing Apps, Inc.She is paid for each app when she notifies the company that it is complete. Amazing Apps creates mobile phone apps. Customers submit an app idea to Amazing Apps, which then assigns the programming job to one
Review question 8.What is collective bargaining? What is “right to work” and how does it impact union votes? How does a strike differ from a lockout?
Review question 7.When can foreign citizens work in the United States? What are the employer's responsibilities when hiring a foreign citizen?
Review question 6.What must an employer do to provide a safe workplace? Which agency oversees safety in the workplace? What is worker’s compensation? Who is eligible for disability benefits?
Review question 5.What are the protected characteristics listed in Title VII? What other laws have expanded the scope of antidiscrimination laws at the federal level?
Review question 4.What types of leave are available to employees? For family leave, what are some of the qualifying relationships for which leave may be taken? For medical leave, what types of medical conditions support the right to take leave?
Review question 3.What benefits are employees entitled to? What bearing does the number of employees have on available benefits? What amount of time off is required for at-will employees?
Review question 2.What are the differences between employees and independent contractors? What is the most important distinction to determine? What are the pros and cons of hiring an employee or an independent contractor? What are the pros and cons of being an employee or an independent contractor?
Review question 1.What is at-will employment? What are the limits on at-will employment? What are some of the employees and groups who are not at-will?
Question 3:Juno is living overseas. She grants her brother Drew a power of attorney to sell her house. Drew places the property with a real estate agent and keeps it tidy, but the house doesn't sell. On the advice of the real estate agent, Drew pays an exterminator to remove bats in the attic and a
Question 4:Givens Gifts employs John and Felicia. John works in IT and Felicia works in sales.John and Felicia become romantically involved and move in together. The relationship starts to sour, and John and Felicia argue, but never at work. During one fight at home, John punches Felicia, knocking
Question 3:When a business engages an agent to work on its behalf, what types of things should the business know about the agent? What types of background research would be advisable? Do you think it is important for an agent to be aligned with the business’s culture and values? Why or why not?
Question 2:Emin plans to take a six-week vacation from the clothing store he operates. He leaves his assistant Lamar in charge, telling him to keep the store running the usual hours, and in the usual way. A week after Emin leaves, a shipment of sweaters arrives. Lamar accepts the shipment, and
Question 1:Nelson is a bouncer at a bar. One night, he forces Bob to leave the bar by picking him up by the back of his shirt collar, and tossing him out on the sidewalk. Bob lands face-first on the sidewalk, and loses three teeth.Bob is being ejected because he is very loud and unruly, trying to
Review question 5, What does a “power of attorney” do? What are some of the different types of powers of attorney? Why would a person want to have one? What does a person need to have to be able to make a valid power of attorney appointment?
Review question 4.Describe what a “fiduciary duty” is. What fiduciary duties does an agent owe to his principal?
Review question 3.When is a principal vicariously liable for the wrongful acts of an agent? Is a principal responsible for criminal activity by an agent? What if that activity was in furtherance of the principal's interests?
Review question 2.What is negligent hiring? Negligent retention? What are some of the circumstances in which a principal would be considered not to be negligent in hiring or retaining a person, even though the person had a history of bad acts?
Review question 1.When is the term “respondeat superior” relevant? What does it mean, and why does it matter?
Question 5:Olaf is an ice sculptor. His works have been featured in many bridal magazines, and his work is popular at conferences and restaurant openings. Olaf sees a photograph of one of his sculptures on the website of one of his competitors, Sven. The photograph was taken at a wedding reception
Question 4:Hannah devises a simple machine that lets her roll large quantities of meatballs.How would she get patent protection for her invention? What if she wanted patent protection in another country? How could Hannah grant a right to produce the machine to a manufacturer while retaining her
Question 3:Carlos and Betty own a coffee shop. Last Saturday, they staged the “World’s Worst Karaoke” contest. Contestants were encouraged to sing along with recorded music, and sing as badly as they can. The recordings are not licensed for commercial use.Is this copyright infringement? Why
Question 2:Jamal owns a childcare center. The center does not advertise outside of Jamal’s neighborhood, and there is only one location. He calls his center “Jamal’s Jym.” One day, he receives a letter from an attorney representing “Jamal’s Gym,” an upscale fitness center. The letter
Question 1:Kano and Dave have come up with a new machine for cleaning and smoothing cymbals. They call their new system the Toph 2016, and start to sell it under that name. To help promote the product, they enlist their friend Miriam, a drummer, to make a short video showing how she uses the Toph
Review question 5.What is a service mark? How are service marks protected? May they be infringed?How would you show that a service mark is registered with the government?
Review question 4.What is a derivative work? What effect does a derivative work have on an original copyright? Who may create a derivative work? How is a derivative work different from an idea in terms of copyright protection?
Review question 3.What is the legal definition of trademark infringement? If a trademark is infringed, how can the trademark holder seek compensation? Are there circumstances under which the use of a trademark or trade name by another is not an infringement?
Review question 2.What is a trade secret? In what circumstances might a company choose to protect its intellectual property this way rather than another means? What are the advantages of a trade secret? How are they protected? How long do they last?
Review question 1.How long does a patent last? May it be renewed? Is it possible to make a change toa patent and refile it as a new patent? If so, what changes would be adequate?
Question 5:Kellogg USA has been sued several times because plaintiffs claim they were misled by the company. Specifically, the plaintiffs charge that they believed Froot Loops contained actual fruit. The cases are routinely dismissed.Why do courts dismiss these cases? Is the product name
Question 4:Bob works as a farm laborer. He is known for goofing around on the job to make people laugh. One day, while walking with his co-worker Patricia, Bob starts flapping his arms like a chicken to emphasize the punch line of a joke. Patricia moves to give Bob flapping room, and is hit by a
Question 3:Mika buys a new smart phone. The phone was designed and manufactured by Pyro Phones. One week after purchasing the phone, Mika drops the phone and cracks the screen. He purchases a replacement screen online and installs the screen on the phone. Two months later, Mika is using the phone
Question 2:Coach Chris is a very popular basketball coach at Northeast Southwest College. He is under contract to coach at Northeast Southwest for the next three years. The terms of the contract were disclosed in a press release issued by the college. Coach Chris was approached by two men looking
Question 1:Trina is competing in the Tri-City Triathlon. When she registered for the event, Trina signed a waiver. The waiver noted that participants assumed the risk of collisions with other participants. The organizer of the triathlon, Fun Sports, purchases a drone to use at the event. Earl, an
Review question 8.What types of damages are available to parties who have been injured? What is the difference between compensatory and punitive damages? What are the goals of each type of damage award?
Review question 7.If an employee commits a tort at work, is the employer liable? What information is needed to determine if an employer may be responsible for an employee’s torts?
Review question 6, What are the elements of an interference with contract claim? How is this tort different from a breach of contract case? Why is there a difference in how the two issues are treated legally?
Review question 5.What are the different types of product defects? What defenses might a manufacturer assert in a products liability case?
Review question 4.What is an example of puffery? How is puffery different from fraud? How can you tell the difference?
Review question 3.What is the difference between slander and defamation? What is meant by the term“actual malice”? Is there a constitutional defense to either slander or defamation?Why or why not?
Review question 2.What is the reasonable person standard? How does it apply in negligence cases? How can the standard vary? What circumstances will be considered? Do a person’s job or skills make any difference to the standard?
Review question I, What is the difference between negligent and intentional torts? What entities can commit a tort and be held liable for damages? How does an injured person seek tort damages?
Question 5.Chang & Daughter LLC is a small business that earns most of its revenues through retail sales. Chang & Daughter sells its products at local craft fairs and farmer’s markets. During the summer, their primary income is from the sale of fresh fruit and eggs that the company produces on a
Question 4.Jasdeep is a 20-year-old college student who works as a department assistant. As compensation for this work, she receives an hourly wage and 10 percent rebate on her tuition for the semester. Due to an administrative error, Jasdeep receives a 20 percent rebate on her tuition. When the
Question 3.Howie runs a neighborhood bar. Although he does a good business, Howie is far from the most efficient manager around. He has neglected to pay state and federal income taxes for the past two years, and two different liquor wholesalers refuse to do business with him, due to unpaid bills.
Question 2:Andre and Caitlin go to their bank to apply for a loan to buy a new car. Andre has been married twice before, and this is Caitlin’s second marriage. They meet their bank’s credit and income requirements, but the loan officer who reviews the application has heard that spouses who have
Question I:Jorge and Luis have decided to buy their uncle’s restaurant supply business. Their father, who works as an engineer, agrees to lend them half of the money they will need. He has them sign an agreement to repay the loan in 12 monthly installments.He does not give them TILA disclosures.
Review question 5. What steps should a creditor take to raise the likelihood of repayment? What actions should be taken prior to making a loan? What are the best remedies for non-pay- ment?
Review question 4. What advantage does incorporation give to a business owner whose company holds bad debt? What are the consequences for business owners who do not incorporate but incur large debts for their companies? How does the concept of "piercing the corporate veil" apply to a business
Review question 3. What is a Chapter 12 bankruptcy? How does it differ from Chapter 13? What happens in a reorganization? Which chapter deals with reorganizations? What do you suppose is the most common type of bankruptcy and why? What are the advantages and disadvantages of bankruptcy for a
Review question 2. What is a foreclosure? How does a foreclosure differ from a repossession? What other way might a creditor seek compensation for an unpaid loan? How might a debtor stop a creditor from pursuing these remedies?
Review question 1. Who enforces Regulation Z? What disclosure does the regulation govern? What is the goal of the disclosure, and why is it important for creditors and debtors?
Question. 5:Denis is a consultant. He sees a request for proposals from a major company in a trade magazine. Denis wants the business, but does not think he can do it on his own. He contacts Polly about taking care of some of the work. They talk about the project, and Polly agrees that, if Denis
Question 4:Helena has just opened a new business as a wedding planner. She hears that her cousin Chin is planning on getting married. Helena wants to establish a name for herself in the business, so she offers to do the job for half of the usual fee, which will almost cover Helena’s expenses.
Question 3:Two local softball teams, the East Side Storks and the West Side Siroccos, have an intense, even bitter, rivalry. The rivalry has gone so far that the managers of the teams have a “peace conference.” At the conference, it is agreed that the Storks would not wear their team jackets on
Question 2:Jacob goes to a building supply store to buy a nail gun. He asks Leah, the salesperson, which one she recommends. Leah asks what Jacob wants the gun for, and he says he is building a new shed in his backyard. Leah tells him that the Nailzit-Good 3000 will suit his needs. Jacob buys the
Question I:Beverly, a local newspaper publisher, has established a scholarship fund. The scholarship will pay for all of the expenses of the recipient’s college education, including all of the student’s living expenses. In return, the student who receives the scholarship must agree to work for
Review question 8.What is the E-Sign Act? How does the Act improve online business transactions?

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