Questions and Answers of Legal Environment Of Business

Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010What are the major changes made by this statute?
Jumpstart Our Business Startups (JOBS) Act of 2012What new way can small businesses raise money under the JOBS Act?
A certain company sells dietary supplements made from “green coffee bean extract” with claims that consumers could lose 17 pounds and 16 percent of their body fat in only 12 weeks. There is no
Discuss the current political climate for consumer protection regulation in the United States. Do you believe that regulators will be more or less aggressive in enforcement in the near future?
If a grocery store records video of a customer as he shops for cereal, will that customer have a case based on intrusion on seclusion?
Imagine a firm sells products to a consumer in the European Union. The firm collects and retains personal information about the purchase, as well as the identify of the purchaser. What restrictions
The Mosquito No Company claims that its electronic mosquito device will “eliminate all mosquito problems within a one-half acre area.” Actually, the device will only work if there is no standing
Pom Wonderful claims that Coca-Cola engages in false advertising by selling a “pomegranate-blueberry juice blend” that in fact contains only 0.3% pomegranate juice and 0.2% blueberry juice.
Explain the function of the EPA.
How does the ESA apply to private businesses? Explain.
Cantrell, the controller of Xylec’s Inc., was forced to retire at age 58 due to a general company policy. Although Cantrell has a company pension of $50,000 per year, she believes that her
Before beginning the manufacture of a new pesticide, what process must a company follow under the pesticide-control acts?
A male supervisor at Star Company made repeated offensive sexual remarks to female employees. The employees complained to higher management, which ignored the complaints. If the company does not
Does Title VII prohibit employment discrimination against members of all races? Explain.
Give examples of why a key controversy at the heart of environmental regulation concerns how much certainty of harm is required to justify regulatory intervention.
Explain the standing to sue doctrine as it applies to the citizen enforcement of federal pollution laws.
Several years ago, the Spul Chemical Corporation built a new plant near your neighborhood. About once a month, clouds of odorous mist have passed across your property, your children have complained
Silicon Products requires all male employees to wear their hair “off the collar.” Does this policy violate Title VII? Discuss.
When is it an advantage for a plaintiff to use Section 1981 as the basis for discrimination litigation as contrasted with using Title VII?
Are seniority systems in the workplace legal under Title VII if in fact they discriminate on the basis of gender or race? Explain.
Amy learns that she has the “breast cancer gene.” Devastated, she shares the news with her supervisor. A few days later, Amy receives a harsh employment evaluation—the first of her
Why does Title VII not apply to preventing discrimination in the getting and keeping of health insurance?
Do employers have an obligation to negotiate with groups of employees over issues of discrimination? Explain.
Explain how state antidiscrimination laws protect workers in situations where federal laws do not.
Can arbitration agreements be used to keep employees from litigating discrimination issues? Discuss.
Larry, a machine operator, is concerned that the cardboard baler he is working on should have a safety shield to protect his arms from the moving parts. He is also worried that if he reports his
If Sam fails to wear a hard hat, as required by Super Construction Inc., his employer, and is injured by a falling hammer, can he recover workers’ compensation from Super Construction Inc.? Your
How does maintaining a paper fortress aid the employer when the employee claims unfair treatment?
(a) List the five unfair labor practices created by the Wagner Act.(b) Describe a situation for each of these unfair labor practices.
a. How is mediation fundamentally different from an arbitration?b. What are some of the advantages and disadvantages of the mediation process?
XYZ makes and markets a product that it believes will help control weight by blocking the human body’s digestion of starch. The Food and Drug Administration (FDA) has classified the product as a
Susan files a petition for certiorari in the U.S. Supreme Court following an adverse decision in the Illinois Supreme Court on a claim arising under a breach of contract. What chance does Susan have
Describe the purpose of a complaint and an answer in civil litigation. What is the function of the pleading stage in a lawsuit?
How do abusive discovery practices raise the cost of litigation?
Under what circumstances may a court grant a motion for summary judgment?
What is the purpose of jury instructions?
How does the court enforce judgments?
Why is the notion of res judicata critical in civil litigation?
List the five instinctive responses used in negotiation and describe how each of these applies to you.
In business disputes, what two items are most likely to dominate a position-based negotiation?
What are the various items along the spectrum of ADR systems between litigation and negotiated settlements?
What is the benefit to lawyers and parties of conducting a focus group?
Generally, what does an arbitrator have to include in the award to make it valid?
What is the nature of mediation that reduces the degree of judicial supervision?
Describe how mediation can be used in conjunction with arbitration.
Why is taxation of private property legal?
Why are courts willing to apply contractual principles when the parties fail to create contractual relationships?
Pat hires a tailor to make a suit. The tailor completes all the sewing and now waits for Pat to pick up the suit and pay for it. Is this contractual agreement executed or executory? Explain.
Fielding Bros. offers to ship six furnaces to Central City Heating and Cooling Co. for $4,500 cash. Central City accepts on the condition that Fielding give 120 days’ credit. Has a contract
Describe the circumstances under which an adult lacks the capacity to contract.
Hunt signs an equipment lease contract with Edwards Rental. The contract contains a clause stating: “Lessor disclaims all liability arising from injuries caused by use of this equipment.” Because
Laura advertises a used car for $20,000. David asks why it is so expensive and Laura states that it is only two years old. David agrees to purchase the car for $20,000. But when he arrives home, he
Olaf wishes to hold his investment seminar at a local hotel. He offers $50,000 for conference rooms and food for a week. The hotel responds that this price is far too low. Olaf tells the hotel that
Elegante Haberdashery telephones an order to Nordic Mills for 500 men’s shirts at $15 each. Each shirt will carry the Elegante label and have the Elegante trademark over the pocket. After the
A force majeure clause must be negotiated by the parties and is typically limited to the language in the contract. Write a force majeure clause that would excuse one or both parties to a contract due
To be a legitimate excuse for nonperformance, impossibility must be real and absolute. What are three examples of factual situations involving real impossibility of performance?
A tripling of prices by an illegal cartel of uranium producers caused Westinghouse Electric Corp. to default on uranium delivery contracts to a number of utility companies. The companies sued and
What do waivers and releases have in common?
(a) How are damages different than equitable remedies?(b) If David breaches his agreement to pay $5000 to Laura for her car, and she later sells the car to Ellysa for $4000, what is the measure of
Is it legitimate (fair or moral) for one party to breach his or her agreement with another to take advantage of a better opportunity, so long as the non-breaching party can be fully compensated? In
Explain the purpose of a novation and who must be party to it.
Under what theory can an employee sue her employer for merely touching her? Explain.
In business, the intentional infliction of mental distress tort has most often involved what type of situation?
In recent months, homeowners downwind from International Cement Company have had clouds of cement dust settle on their property. Trees, shrubbery, and flowers have all been killed. The paint on
Bartley signs a storage contract with Universal Warehouses. The contract specifies that Bartley’s households goods will be stored at Universal’s midtown storage facility while he is out of the
Acme Airlines attempts to get control of Free Fall Airways by making a public offer to buy its stock from shareholders. Free Fall’s president, Joan, advises the shareholders in a letter that
Fraud can be used to void a contract and as a basis for intentional tort. What is the advantage to a plaintiff of suing for the tort of fraud as opposed to using fraud merely as a contractual defense?
In litigation, who usually determines if the defendant’s behavior is unreasonable?
Explain the difference between proximate causation and causation in fact.
A jury finds Lee, the defendant, liable in a tort case. It determines that José, the plaintiff, has suffered $200,000 in damages. The jury also finds that José’s own fault contributed 25 percent
Through no one’s fault, a sludge dam of the Phillips Phosphate Company breaks. Millions of gallons of sludge run off into a nearby river that empties into Pico Bay. The fishing industry in the bay
During a business lunch, Bob eats salad dressing that contains almond extract. He is very allergic to nuts and suffers a severe allergic reaction. There are complications and Bob becomes almost
Explain the assertion that businesses can lose rights if they do not diligently assess and pursue intellectual property protection.
What types of actions constitute misappropriation under trade secret law?
What are the remedies available for the civil enforcement of trade secrets?
Describe the process for obtaining a patent.
Why has criminal misappropriation of trade secrets become an issue of greater concern in recent years?
Through long, expensive research you determine that both a bowling ball and a feather fall at the rate of 32 feet per second in a vacuum. Can you patent this knowledge? Explain.
Is it possible for two utility patents owned by different people to cover the same product? Explain.
XYZ Company, a U.S. firm, is seeking to obtain business in Indonesia. XYZ learns that one of its major competitors, a German firm, is offering a key Indonesian governmental official a trip around the
Name four types of marks that are often called “trademarks.”
Imagine that you are making a presentation to a class on the occurrence of product advertising in film. You display a short clip of a recent film to illustrate your point. Explain how one would argue
BMW, a German buyer, opens an irrevocable letter of credit in favor of Goodyear, an American seller, for the purchase of tires on BMW automobiles. BMW confirms the letter of credit with Goodyear’s
Do you ever “google” something on the Internet? Is the company Google in danger of losing its name as a trademark? Explain.
Several citizens of Colombia filed an action in the United States against Super Bananas, a U.S. company that owns the banana plantation where the individuals worked. In their complaint, the
Explain why digital copies of works create greater difficulties in controlling infringement.
What is the primary requirement of the Hague Service Convention and how does it help a plaintiff when filing a lawsuit?
Belgium arrests an American citizen, while he is visiting Brussels, on suspicion that he is an international drug smuggler. After a thorough investigation, Belgium realizes that it has arrested the
Explain the “modern traditional theory” of compensation related to the taking of private property by a foreign government.
Are file-hosting sites like YouTube liable for infringing videos posted by their users?
Why are arbitration clauses in international agreements favored by the courts and likely to be enforced when conflicts arise between the contracting parties?
Who are the parties to a criminal case?
James was indicted by a federal grand jury. During the trial jury’s deliberation, one juror said, “I think James is guilty or else the grand jury would not have sent us the case.” Another juror
Burger’s junkyard business consists of dismantling automobiles and selling their parts. A New York statute authorized warrantless inspections of automobile junkyards. Police officers entered his
What are the four basic principles to consider to determine if punishment is cruel and unusual?
Mary lost her billfold, which contained credit cards and an ATM access card. She had written her PIN on a piece of paper, which was also in the billfold. Al found the billfold. He used the credit
Quincy was a successful investment banker specializing in underwriting and merger advice. A federal grand jury was investigating the sales of initial public offerings, and Quincy knew that the grand
Your business is in need of additional working capital. You contact your bank about a loan. A line of credit of $500,000 is tentatively approved pending you furnish audited financial statements. You
Joe, a purchasing agent of ABC Company, entered into a contract to purchase software on behalf of ABC from a software company represented by Harry. The contract stated a price of $10,000, but the
Don, a promoter of prize fights, formed a corporation. Don was the sole shareholder, sole director, and president of the corporation. Don was charged with a violation of RICO. Is the requirement of

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