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ETH 321 Assignment Week 1 Alternative Dispute Resolution
(ADR) Ethics and Risk Management Study (Dazzling Dough
Co. Vs Jerry’s Pizza) (2 Papers)
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The purpose of this assignment is to analyze and select an appropriate
method of alternative dispute resolution (ADR) for a business dispute, to
examine unethical business behavior, and to develop risk management
procedures to avoid or reduce claims and litigation.
Read the following scenario:
Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of
the restaurants buy at least 150 pounds of pizza dough from Dazzling
Dough Co. in each order. Jerry's Pizza contacted Dazzling Dough Co. to
purchase 200 pounds of pizza dough, along with some other items.
Dazzling Dough Co. sent Jerry's Pizza a written contract, prepared by
Dazzling Dough Co.'s lawyer, stating that "Jerry's Pizza agrees to
purchase 200 pounds of pizza dough, pizza toppings, desserts and soft
drinks for $30,000." Jerry's Pizza signed and returned the contract.
A few days later, Dazzling Dough Co. sent Jerry's Pizza 125 pounds of
pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks.
Jerry's Pizza contacted Dazzling Dough Co. about the error in the
contract and demanded an extra 75 pounds of pizza dough. Dazzling
Dough Co. said there was no error, that Jerry's Pizza signed the contract
so they agreed to the terms, and it was not sending the extra pizza
dough.
After several attempts to resolve the dispute and a pressing need for
dough, Jerry's Pizza terminated the contract and sent Dazzling Dough
Co. a check for $15,000 for the 125 pounds of pizza dough, pizza
toppings, desserts and soft drinks. Jerry's Pizza immediately purchased
75 pounds of pizza dough from another company for $12,000. Both
parties are threatening to sue each other for breach of contract. They
prefer to resolve the dispute out of court because the contract contains a
clause that awards reimbursement of attorney's fees to the winning party.
The board of directors of Jerry's Pizza scheduled a meeting with you and
other senior management at the company to discuss the dispute. You'll
need to prepare a strategic plan overview (an abbreviated strategic plan,
not a full plan) for the board that explains why there is a dispute,
suggests various settlement proposals, and provides recommendations
on how Jerry's Pizza can avoid this kind of dispute in the future.
Prepare a 525- to 875-word strategic plan overview to resolve the legal
dispute for the board (use the bullet point headings provided below to
format your overview) addressing the following:
Summary of Dispute
Identify the source of the dispute.
Identify each party's interpretation of the contract language.
Identify whether each party's interpretation is reasonable.
Identify any missing facts that would be helpful to know in order to
resolve the dispute.
Proposed Revisions to Contract Language
Recommend specific revisions to the contract's language so that it is
clear what Jerry's Pizza expected to buy and what Dazzling Dough Co.
is required to deliver.
Ethical Considerations
Explain the ethical considerations for a company to enforce specific
terms of a contract against another company if the other company is
mistaken about what was agreed to. Discuss the factors that should be
considered.
Recommendations
Two to three possible settlement options (e.g., pay for the disputed
dough, reduce the amount of dough to be purchased, split the difference,
refuse to pay, etc.)
Two to three methods of dispute resolution (e.g., negotiation, mediation,
arbitration, litigation, etc.) that Jerry's Pizza can propose to Dazzling
Dough Co.
==============================================
ETH 321 Assignment Week 2 Assignment Legal Duties Of
Corporate Directors And Officers (Fitzgerald Foods Company
Policy Document) (2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to explain the legal duties imposed on
corporate directors and officers, to determine whether a director or
officer has violated his or her legal duties to the corporation, and to
evaluate how a violation of such duties may negatively affect the
corporation and its shareholders.
Read the following scenario.
Fitzgerald Foods is a food processing corporation. In the past year, three
directors were forced to leave Fitzgerald Foods after it was discovered
the directors breached their legal duties to the corporation. Two of the
directors were also officers of the corporation. The chairman of the
board at Fitzgerald Foods is concerned that the remaining directors don't
understand their legal duties to the corporation and that new directors
won't understand their duties either.
You are the chief executive officer (CEO) of the corporation. The
chairman of the board asked you to work with the corporation's legal
counsel to make a company policy document for directors and officers
about their legal duties to the corporation.
paper must be a 700- to 1,050 word company policy (template provided)
for Fitzgerald Foods' directors and officers completing the following:
Legal Duties of Directors and Officers (a heading from policy
document)
Explain the legal duties of directors and officers to the corporation,
including the "business judgment rule."
Benefits of Compliance (a heading from policy document)
Discuss the benefits of compliance for Fitzgerald Foods.
Consequences of Noncompliance (a heading from policy document)
Analyze how unethical activity by a director or officer can lead to a
violation of a legal duty owed to the corporation.
Provide a brief example from a news article or court case within the last
three years that demonstrates corporate director or officer liability in the
United States.
Recommend separately (not a heading on the policy document) to the
chairman of the board in 45 to 90 words at least two business risk
management procedures that Fitzgerald Foods can adopt in the future to
avoid violations of legal duties by its directors and officers.
Use the Fitzgerald Foods Company Policy template as a guide for your
policy document.
Search the internet for examples of completed policy documents using
the following search parameters: policy document example, policy
document template, policy document format, policy document sample,
or any variation you choose. An example may assist you to make your
policy document.
Cite a minimum of two references according to APA guidelines.
==============================================
ETH 321 Assignment Week 3 Individual Signature Assignment-
Employee Classification and Discrimination (Dream Massage)
(2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to evaluate different types of
employment relationships and potential discriminatory employment
policies from an ethical standpoint.
Read the following scenario.
Janice was hired by Dream Massage to be a massage therapist. She is
engaged as an independent contractor and, therefore, receives no tax
withholding or employment benefits. Dream Massage requires Janice to
work a set schedule, provides her with clients and all her massage
products, and exercises complete control over how Janice does her work.
In addition, when Janice shows up to work the first day, she is informed
by Dream Massage that she cannot wear her hijab as it violates the
company's dress code policy.
The owner of Dream Massage comes to you, a human resources (HR)
consultant, to find out if Janice is properly classified as an independent
contractor and if there is potential liability concerning the hijab.
Create a 700- to 1,050-word HR report for Dream Massage in which you
examine the employment issues presented in the scenario.
Include the following:
Analyze whether Janice qualifies as an employee or should be classified
as an independent contractor.
Discuss whether Dream Massage has potentially violated any
employment discrimination laws.
Analyze ethical considerations associated with the maintenance of a
rigid company dress policy.
Cite a minimum of three references.
Format your paper consistent with APA guidelines.
==============================================
ETH 321 Assignment Week 3 Team Assignment Sexual
Harassment Education for Managers (2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to define sexual harassment in the
workplace and its negative effect on employees and the business, to
analyze the requirements for a sexual harassment claim, to develop
methods that a business can adopt to reduce or eliminate sexual
harassment claims and litigation, and to assess liability based on the
form of business entity.
Read the following scenario. High-profile sexual harassment scandals,
such as allegations against Bill Cosby, Harvey Weinstein of the
Weinstein Company, and Bill O'Reilly and Roger Aisles of Fox News,
are changing the landscape of workplace sexual harassment claims and
litigation.
Conduct a roundtable discussion (in person, web conference, or via e-
mail, text, etc.) with your Learning Team members regarding sexual
harassment as a growing ethical and legal concern for businesses today.
Each Learning Team member must be prepared to discuss each topic.
Assign a group moderator to keep the discussions on track. Your
discussion should last at least 45 minutes to one hour and include the
following:
•Define sexual harassment and discuss applicable law (such as the Civil
Rights Act of 1964). How does the state law in your state address sexual
harassment?
•Discuss a recent sexual harassment claim in the news and whether
media coverage is beneficial or detrimental to reporting and reducing
sexual harassment claims in the workplace. Should sexual harassment
claims be addressed publicly or handled privately?
•Explain the ethical and legal considerations of a business protecting its
employees (the accuser, the accused, and other employees in the
company) while a workplace sexual harassment investigation is
underway. Does your answer change if the allegation is a widely known
scandal-making front page news?
•Compare the sexual harassment liability of a business entity that is a
sole proprietorship with an entity that is a corporation.
•Recommend risk management procedures a business can implement to
avoid or reduce sexual harassment claims from occurring in the
workplace.
==============================================
ETH 321 Assignment Week 4 Individual Trade secret theft
study (Futuretek) (2 PPT)
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This Tutorial contains 2 Presentations
Read the following scenario.
Futuretek sells high-tech computer chips and software to smartphone
manufacturers worldwide. Futuretek maintains two software databases:
one containing Futuretek's customer list with nonpublic contact
information for key personnel, and the other containing customer
purchasing trends. The information in the two databases is available for
employees to view and use in connection with their job duties.
Dana is a computer programmer for Futuretek. Dana plans to run her
own company one day and design and sell her own computer chips to
smartphone companies. As an employee, she has access to the two
databases containing Futuretek's key purchaser and purchasing trends
information.
Dana decides to leave Futuretek and start her own computer chip
business. Before she leaves, she makes a copy of the two databases on a
portable hard drive. Dana uses the information to contact Futuretek's
customers and offer them cheaper, but comparable, computer chips
manufactured by Dana's new company, SmartChip.
Futuretek becomes aware of Dana's actions and asks you, the chief
operations officer, for advice and recommendations on what to do.
Determine whether Dana has taken Futuretek's intellectual property (IP),
and if so, describe the type(s) of IP that was taken.
Explain any civil actions in tort or criminal actions that may be brought
against Dana or SmartChip.
Assume Futuretek sues SmartChip, and Futuretek wins the lawsuit.
Recommend ethical policies that SmartChip can put into place to
prevent future legal claims and litigation against the company.
Recommend risk management procedures that Futuretek can implement
to avoid or limit this type of activity from happening to the company in
the future.
==============================================
ETH 321 Assignment Week 4 Team Internet-Based-Contracting
Issues Paper (Great Buys) (1200 Words)
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The purpose of this assignment is to analyze internet-based contracting
issues, such as online contract formation; to determine the requirements
for performance and breach of online contracts; and to develop
enforceable methods for dispute resolution.
Read the following scenario.
Great Buys is an internet-based company headquartered in New York
that sells household electronics to consumers in the United States. The
management team at Great Buys has some concerns about its online
contracting process.
• Great Buys isn't sure it has a binding contract with its customers
because the contract is completely online and in electronic format.
• Customers have argued they are not bound to the online contract
because there's no handwritten "pen and ink" signature.
• Great Buys also wants to know if any international laws will apply
when the company starts selling its electronic products internationally.
• Great Buys has been sued in different state courts all over the country,
and it would like to know if an arbitration clause requiring that
arbitration be conducted in New York City will be enforceable.
• Finally, Great Buys wants one or two suggestions for improving its
internal business procedures so that customer product complaints don't
turn into contract-related claims or lawsuits.
Great Buys' management team asks you, the company's contract
manager, to work with your team and address their concerns.
Prepare a 500 word report (excluding cover and reference pages) for
Great Buys that addresses all of the company's concerns above. Your
Learning Team should determine how to allocate tasks among the
members (do not submit reports by individual Learning Team members).
Cite a minimum of two references.
Format your assignment according to APA citation guidelines (for audio
or video option above or presentation option above) or APA formatting
guidelines (for report option above).
==============================================
ETH 321 Assignment Week 4 Team Internet-Based-Contracting
Issues Presentation (Great Buys)
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The purpose of this assignment is to analyze internet-based contracting
issues, such as online contract formation; to determine the requirements
for performance and breach of online contracts; and to develop
enforceable methods for dispute resolution.
Read the following scenario.
Great Buys is an internet-based company headquartered in New York
that sells household electronics to consumers in the United States. The
management team at Great Buys has some concerns about its online
contracting process.
• Great Buys isn't sure it has a binding contract with its customers
because the contract is completely online and in electronic format.
• Customers have argued they are not bound to the online contract
because there's no handwritten "pen and ink" signature.
• Great Buys also wants to know if any international laws will apply
when the company starts selling its electronic products internationally.
• Great Buys has been sued in different state courts all over the country,
and it would like to know if an arbitration clause requiring that
arbitration be conducted in New York City will be enforceable.
• Finally, Great Buys wants one or two suggestions for improving its
internal business procedures so that customer product complaints don't
turn into contract-related claims or lawsuits.
Great Buys' management team asks you, the company's contract
manager, to work with your team and address their concerns.
Prepare a 500 word report (excluding cover and reference pages) for
Great Buys that addresses all of the company's concerns above. Your
Learning Team should determine how to allocate tasks among the
members (do not submit reports by individual Learning Team members).
Cite a minimum of two references.
Format your assignment according to APA citation guidelines (for audio
or video option above or presentation option above) or APA formatting
guidelines (for report option above).
==============================================
ETH 321 Assignment Week 5 Securities and International
Regulatory Agencies
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The purpose of this assignment is to analyze the effect of domestic and
international regulatory agencies and court systems on business
transactions and dispute resolution.
Read the following scenario:
You are the CEO of Bonner, a U.S.-based farm equipment corporation.
Bonner recently announced the release of an innovative new tractor with
technology based on a patented invention developed by Bonner's
engineers. Bonner's vice president, who is aware of the upcoming
product offering, bought 100,000 shares of Bonner stock prior to the
announcement. You found out about the vice president's stock purchase
on the day of the announcement.
One week after the announcement, Bonner received a letter from a
German farm equipment corporation, accusing Bonner of patent
infringement based on the new tractor's technology.
Bonner's board of directors asked you to assess the vice president's
liability for the stock purchase and the company's options for resolving
the German corporation's patent infringement claim.
Prepare an infographic for the board (e.g., Piktochart®, Publisher,
Glogster®, Microsoft® PowerPoint®, etc.) in which you discuss the
following:
Compare the resolution of the patent dispute in a U.S. court with the
resolution of the dispute using the World Intellectual Property
Organization's (WIPO) dispute resolution program. Search the internet
to review WIPO's dispute resolution program. (Information about
WIPO's dispute resolution program may be located on their website by
searching the Internet for WIPO).
Assess the liability of Bonner's vice president for purchasing the
corporation's stock prior to the announcement of the new tractor.
Assess whether Bonner has any legal or ethical duties to disclose the
stock purchase, and if so, to whom?
Discuss risk management procedures Bonner can adopt to avoid or
reduce situations like these from happening in the future.
Create a 350- to 525-word letter in response to the German farm
equipment company in which you:
Explain why Bonner is the owner of the invention
Discuss the intellectual property rights owned by Bonner in the
invention
Suggest a method of dispute resolution (e.g., arbitration, mediation,
litigation, WIPO dispute resolution), why that method would be
desirable for resolving the dispute, and how and where the dispute
resolution should be held (United States, foreign country, online, etc.).
Cite a minimum of two references.
Format your assignment according to APA guidelines.
==============================================
ETH 321 AssignmentWeek 1 Family-Owned Business Memo
(mom and pop Grocery Store) (2 Papers)
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This Tutorial contains 2 Papers
Read the following scenario.
A family-owned business can have special complications. The line
separating family relationships and legal responsibilities can be unclear.
It is important for directors, officers, and owners of a family-owned
business to be aware of the issues to avoid misunderstandings and
unintended liability and to preserve familial relationships.
You are a consultant advising a "mom and pop" grocery store owned by
Jeff and Joan, a married couple, and their two adult children, Martha and
Henry. The grocery store operates under a subchapter S corporation. Jeff
and Joan as a couple own 70% of the corporation's shares, and Martha
and Henry each own 15% of the shares. Jeff, Joan, and Martha are
directors of the corporation, and Henry is the corporation's chief
executive officer (CEO).
Create a minimum 700-word client memorandum (memo) addressing
the following:
Explain the legal duties that Jeff and Joan, as majority shareholders,
have to Henry and Martha as minority shareholders. What are their
duties to Henry (an owner) as directors of the corporation?
Define the types of ethical duties Jeff, Joan, Martha, and Henry have to
each other as owners of the company. What about as family members?
Provide suggested steps the family can take to abide by their legal duties
as directors and officers, yet still preserve relationships between family
members.
Click on Office Templates and use the following search parameter:
memorandum.
Format your paper consistent with APA Guidelines. You must use APA
formatted headings to add organization to your paper. Use bold and
centered first-level headings, and put second-level headings in bold at
the left margin. Capitalize all major words in both headings and
eliminate italics. Have a Summary or Conclusion first-level heading.
Cite to the textbook and a minimum of two peer-reviewed sources
within your paper and they must also be identified in your APA
correctly formatted References Page.
Support your position/answers using legal terms, definitions and
concepts found in this week's course materials.
Format your paper so that all paragraphs have a minimum of three
sentences.
==============================================
ETH 321 Entire Course
FOR MORE CLASSES VISIT
www.eth321outlet.com
ETH 321 Final Exam Guide (Aug 2018)
ETH 321 Final Exam Guide (New, June 2018)
ETH 321 Assignment Week 1 Alternative Dispute Resolution (ADR)
Ethics and Risk Management Study (Dazzling Dough Co. Vs Jerry’s
Pizza) (2 Papers)
ETH 321 Assignment Week 1 Family-Owned Business Memo (mom
and pop Grocery Store) (2 Papers)
ETH 321 Assignment Week 2 Assignment Legal Duties Of Corporate
Directors And Officers (Fitzgerald Foods Company Policy Document)
(2 Papers)
ETH 321 Assignment Week 3 Individual Signature Assignment-
Employee Classification and Discrimination (Dream Massage) (2
Papers)
ETH 321 Assignment Week 3 Team Assignment Sexual Harassment
Education for Managers (2 Papers)
ETH 321 Assignment Week 4 Individual Trade secret theft study
(Futuretek) (2 PPT)
ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues
Paper (Great Buys) (1200 Words)
ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues
Presentation (Great Buys)
ETH 321 Assignment Week 5 Securities and International Regulatory
Agencies
ETH 321 Week 2 Quiz
==============================================
ETH 321 Final Exam Guide (Aug 2018)
FOR MORE CLASSES VISIT
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ETH 321 Week Five Final Exam Answers
1) The usual measure of damages for a breach of sales
contracts is the difference between the contract price and the ________.
A) current market price of the goods
B) market price at the time of contract
C) market price at the time of breach
D) current cost price of the goods
2) The most common remedy for a breach of contract is an award of
________.
A) injunctions
B) substitute contracts
C) reformations
D) monetary damages
3) Which of the following statements is true of the NAFTA?
A) It allows a member country to reimpose tariffs if imports are hurting
that country's economy or its workers.
B) It disallows any special protection being extended to specific
industries.
C) It disallows NAFTA members from trading with other countries
unless a unanimous permission is obtained.
D) It has been hailed by economists to be a perfect example of a free
trade pact.
4) Under the ________ rule, a contract with an intoxicated person is
voidable only if the person was so intoxicated when the contract was
entered into that he or she was incapable of understanding or
comprehending the nature of the transaction.
A) validation
B) exclusionary
C) force majeure
D) majority
5) What is the significance of the age of majority in relation to legal
contracts?
A) People below the age of majority can directly enter into lawful
contracts.
B) Mentally incompetent persons need to achieve the age of majority in
order to enter into a legal contract.
C) It is the age above which people of capacity can enter into a legal
contract.
D) Minors who have entered the age of majority require his or her
parents or guardian's consent to enter into a legal contract with adults.
6) Which of the following is a difference between acceptance and
revocation?
A) Revocation is valid only if the offeree receives it, while an offeree's
acceptance is valid when dispatched.
B) Revocation can be done by the offeror or offeree, while an
acceptance can only be done by the offeree.
C) An acceptance must be received by the offeror to be valid, while a
revocation need not be received by the offeree.
D) A revocation can be made after acceptance, while an acceptance
cannot be made after revocation.
7) Which of the following is true of the Uniform Commercial Code
(UCC)?
A) The UCC has never been amended since it was first drafted.
B) The UCC is not considered as law, but rather as a guide to lawyers
and judges.
C) The provisions of the UCC normally take precedence over the
common law of contracts.
D) The UCC has been adopted in its entirety by all states.
8) Which of the following isone of the four basic requirements for
contract formation and enforcement?
A) A promise must be supported by a signed written document and an
advance payment.
B) The parties must have contractual capacity.
C) The object of the contract must be ethical.
D) Both parties to the contract must be at least 21 years old.
9) Making false statements about a competitor's products, services,
property, or business reputation could make a company liable for
________.
A) invasion of the right to privacy
B) tort of appropriation
C) disparagement
D) misappropriation of the right to publicity
10) Which of the following is true of merchant protection statutes?
A) They allow merchants to detain shoplifters without being held liable
for false imprisonment.
B) They allow merchants to detain suspects for as long as the merchants
deem necessary.
C) They allow merchants to interrogate suspected shoplifters using
forceful, coercive methods.
D) They allow merchants to exact reasonable payments from suspects as
a punitive measure.
11) Which of the following statements is true of battery?
A) It is considered an unintentional tort that the law considers to be
trivial in nature.
B) It is a legally sanctioned use of force on a particular individual.
C) It is considered an act of negligence on the part of the perpetrator.
D) It entails harmful and unauthorized contact between victim and
perpetrator.
12) Which of the following is true of the Age Discrimination in
Employment Act (ADEA)?
A) Private plaintiffs cannot sue under the ADEA.
B) Persons under 40 are not protected by the ADEA.
C) Employees need to be a minimum of 55 years of age to be protected
by the ADEA.
D) Discrimination in certain employment decisions, like hiring, is
permitted under the ADEA.
13) If a state enacts a law that increases its tax on imported automobiles
but not on American-made automobiles, it violates the ________ of the
U.S. Constitution.
A) Equal Protection Clause
B) Foreign Commerce Clause
C) Supremacy Clause
D) Due Process Clause
14) Which of the following is true of religious discrimination under Title
VII?
A) Only monotheistic religions are covered under Title VII.
B) An employer should reasonably accommodate religious observances
or practices of its employees at the workplace.
C) An employee who claims religious discrimination cannot sue the
employer for any other violation of Title VII.
D) Religious organizations cannot give preference in employment to
individuals of a particular religion.
15) Which of the following is true of the right to sue letter issued by the
EEOC?
A) It is issued when the EEOC chooses to bring suit.
B) It is issued when the EEOC does not find a violation.
C) It is issued when the complainant is found guilty.
D) It is issued only when the discrimination is racial in nature.
16) Which of the following statements is true of child labor regulations
adopted by the Department of Labor?
A) Children between the ages of 14 and 15 may work unlimited hours in
nonhazardous jobs.
B) Children between the ages of 16 and 17 may work limited hours in
hazardous jobs.
C) Children under the age of 14 may work limited hours in
nonhazardous jobs.
D) Children employed in agriculture have no time or work restriction.
17) Which of the following is true of workers' compensation?
A) Families of workers cannot claim workers' compensation despite the
death of the worker.
B) Workers' compensation is only awarded for injuries resulting from
the job.
C) The claim for workers' compensation must be filed with the
employer.
D) Workers' compensation is a fixed amount throughout the country.
18) Under Title VII of the Civil Rights Act, if a supervisor harasses an
employee but no tangible employment action is taken, then ________.
A) the employer is strictly liable for the harassing supervisor's conduct
B) the employer cannot raise a defense to avoid liability
C) the employer is vicariously liable unless it can prove affirmative
defense
D) the rules of employer liability are the same as they would be if the
harassing employee was a coworker
19) Which of the following is true of Good Samaritan laws?
A) They relieve doctors from liability for ordinary negligence when they
render aid to victims in emergency situations.
B) They exempt doctors from liability for gross negligence when they
render aid to victims in emergency situations.
C) They absolve doctors from liability for injuries caused by reckless
conduct when they render aid to victims in emergency situations.
D) They free doctors from liability for injuries caused by intentional
conduct when they render aid to victims in emergency situations.
20) In order to use the defense of assumption of risk, the defendant has
to prove that the plaintiff ________.
A) assumed there was no risk involved and entered into the activity that
injured him or her
B) was injured after the defendant's liability for the risk ended
C) was injured in an activity that had no risk of any manner
D) had knowledge of the specific risk and voluntarily presumed the risk
21) A ________ program allows a person who provides information that
leads to a successful SEC action in which more than $1 million is
recovered to receive 10 percent to 30 percent of the money collected.
A) whistleblower bounty
B) security bounty
C) surveillance bounty
D) defense bounty
22) Price fixing ________.
A) is a reasonable violation of Section 1 of the Sherman Act
B) is a process seen exclusively among sellers of goods and services
C) is permissible as it helps consumers or protects competitors from
ruinous competition
D) also involves fixing the quantity of a product or service to be
produced or provided
23) Conscious parallelism is seen when ________.
A) parties at different levels enter into an agreement to adhere to a price
schedule that stabilizes prices
B) one party makes an independent choice not to deal with another
C) two or more firms act the same but no concerted action is shown
D) a party's anticompetitive effects outweigh their procompetitive
effects
24) Which of the following best describes quid pro quo sex
discrimination?
A) employment discrimination because of pregnancy, childbirth or
related medical conditions
B) discrimination where sexual favors are requested in order to obtain a
job or be promoted
C) discrimination in hiring or promotion based on the gender of the
employee under consideration
D) selective or partial treatment offered to an employee or a group of
employees based on their gender
25) The plaintiff in a product liability lawsuit has suffered $100,000
worth of damages from an automobile accident. A defect in manufacture
of the plaintiff's vehicle is found to be 60 percent responsible for the
accident, while the plaintiff's own negligence is 40 percent responsible.
Under the doctrine of comparative negligence, how much would the
defendant–the manufacturer of the vehicle–have to pay the plaintiff in
damages?
A) $60,000
B) $40,000
C) $100,000
D) The defendant would not have to pay any amount in damages.
26) A(n) ________ refers to a document that an issuer of securities files
with the SEC that contains required information about the issuer, the
securities to be issued, and other relevant information.
A) organization statement
B) operating statement
C) registration statement
D) certificate of interest
27) Which of the following is true of registration statements?
A) A registration statement must be accompanied by financial
statements certified by certified public accountants.
B) A registration statement once submitted cannot be amended.
C) The SEC judges the merits of the securities based on the registration
statement.
D) The registration statement need not reveal how a company plans on
using the proceeds from the offering.
28) Lori just purchased a brand new lawnmower for $500. When she got
home and tried to use it, it would not work. She became angry and
shouted, "I'd sell this thing for $50." Her neighbor heard her and said,
"I'll take it," and offered Lori the $50 in cash. Which of the following
best describes this situation?
A) This is an enforceable bilateral contract.
B) This is an express contract.
C) This situation does not result in the creation of a contract.
D) Contract formation in this case depends on whether the neighbor
subjectively thought Lori was serious.
29) Jorge, a fork-lift truck operator for retail chain Hansridges, was
injured when the fork-lift he was operating toppled over. The fork-lift
truck was manufactured and maintained by Ionic Machines, Inc. As he
was covered by workers' compensation insurance, he could recover
workers' compensation benefits. However, it was later found that the
fork-lift truck was not designed to be used to lift as much weight as
Ionic Machines claimed it could. Which of the following statements is
Jorge's course of action?
A) He can sue Hansridges for injuries suffered during employment.
B) He can sue Hansridges for hazardous work environment.
C) He can sue Ionic Machines for damages.
D) He cannot sue anyone as he has already received workers'
compensation.
30) What color is an Orange?
A) Maize
B) Blue
C) Maize & Blue
D) Orange
Answer: D
==============================================
ETH 321 Final Exam Guide (New)
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Civil enforcement powers regarding federal antitrust matters belong to
_______.
•
the Treasury Department
•
the Department of Revenue and Taxation
•
the FTC and the Department of Justice
•
the Department of Labor
Which of the following is true of tort law?
•
It protects people from being tried twice for the same crime.
•
Tort law typically deals with breach of contract.
•
It provides compensation to those workers who have been injured on t
he job.
•
It sets limits on how people can act and use their resources.
Fred takes Betty to dinner at a very expensive and exclusive restaurant
. The menu does not mention prices. The server takes their order and b
oth Betty and Fred enjoy the meal immensely. When the bill comes, Fr
ed refuses to pay because the menu had no prices and because he and t
he server never engaged in language indicating and offer and accepta
nce. The server said, “Are you ready to order?” and when Fred said “
Yes,” the server merely asked “What may I get you tonight?” Which of
the following is true?
•
Fred must pay based on an implied-in-fact contract theory.
•
Fred must pay based on a promissory estoppel theory.
•
Fred must pay based on expressed contract theory.
•
Fred is correct because no contract was formed.
Which of the following statements is true of the WARN Act?
•
It requires employers to give notice to an “at will” employee that he/sh
e is being fired.
•
It requires employers to give notice to employees that they are being su
bjected to polygraph tests.
•
It requires employers to give notice to employees that an unscheduled
drug test will be conducted for all employees.
•
It requires employers to give notice of a scheduled mass layoff.
_____________ jurisprudence supports the idea that law can and shou
ld change to meet new developments in society.
•
Sociological
•
Natural
•
Historical
•
Positive law
Which of the following is true of the assumption of risks during deliver
y of goods?
•
The buyer is responsible for damages to goods when the seller is about
to transfer for shipment.
•
The seller is liable for any damages incurred to the goods during ship
ment.
•
The buyer is liable for any damages incurred to the goods during ship
ment.
•
The seller is always responsible for shipping the goods to the buyer.
A 911 emergency response service needs operators who are bilingual i
n English and Spanish. A few applicants of Spanish origin are rejected
due to poor English-
speaking skills. They file a complaint on the grounds of discrimination
based on nationality. Their complaint is squashed. Here, the defense o
f the federal government is on the grounds of _______.
•
inculpatory evidence
•
circumstantial evidence
•
bona fide occupational qualifications
•
exclusionary rule
Article 6 of the Treaty on European Union, called the Maastricht Trea
ty, states the EU is founded on:
• private markets
• rule of law
• specific performance
•stare decisis
Interpreting Congressional intent, which of the following is never a bo
na fide occupational qualification (BFOQ)?
•Race
•National origin
•
Sex
•Religion
Ethical formalists maintain that:
•
the good of the many always supersedes the good of the few.
•
harm to an individual is allowable as long as it serves a greater good.
•
harm to individual rights is never justified by an increase in organizati
onal or common good.
•
values are situational and change based on circumstance.
The classification of crime is based on ________.
•
punishment imposed if convicted
•
prior record
•
location
• the judge's prerogative
Which of the following issues of administrative agencies relates to the
substantive outcome of agencies’ rule-
making and adjudicating authority?
•
The administrative process is overwhelmed with paperwork and meetin
gs.
•
Enforcement of some laws varies over time.
•
The reward system usually does not make a significant distinction betw
een excellent, mediocre, and poor performance.
•
It is very difficult to discharge unsatisfactory employees.
Which of the following is true of the use of alternative dispute resoluti
on (ADR) techniques?
•
Disputing parties can agree to use an ADR technique after the dispute
arises.
•
ADR techniques are ineffective once the pretrial process has begun.
•
Disputing parties cannot use an ADR technique not specified in the ori
ginal agreement.
•
Disputing parties must begin a lawsuit to use any form of ADR.
The crucial issue with the continuity factor of a business’s organizatio
nal form is _______.
•
the method by which the business can be dissolved
•
profit distribution
•
the method of customer service observed
•
management style
The ___________ holds that contracts or conspiracies in restraint are i
llegal only if they constitute undue or unreasonable restraints of trade
and that only unreasonable attempts to monopolize are covered by the
Sherman Act.
•
rules of per se legality
•
Parker v. Brown doctrine
•
duty to deal doctrine
•
rule of reason
Interest-based negotiations are superior to position-
based negotiations because:
•
the difference between the interests of the parties is often large.
•
interest-
based negotiation requires the presence of a judge or magistrate.
•
position-
based negotiation is often only concerned with preparing for litigation.
•
interest-based negotiations allow room for consideration of non-
factual concerns, such as relationships and long-term interests.
The determination that a crime has been committed and that evidence i
s sufficient to warrant the accused standing trial is known as:
•
nolo contendere.
•indictment.
•double jeopardy.
• probable cause.
Which of the following is true under the regulations of interstate com
merce?
•
Regulation on any activity is appropriate if it aids interstate commerce.
•
Activities affecting interstate commerce do not come under the power o
f the deferral government.
•
Intrastate activities affecting interstate commerce can be regulated onl
y by the state governments.
•
The states have the exclusive power to commerce that passes that passe
s across their lines.
Finishing the construction of a home two days after the contract called
for completion (no injury occurs) most likely will be considered _____
__.
•
significant performance
•
substantial performance
•
breach of contract
•
implied performance
Frequent, abusive, threatening phone calls by creditors are most likely
to provoke the basis for a claim of _____________.
•
intentional infliction of emotional distress
•
malicious representation
•
misrepresentation
•
false imprisonment and malicious prosecution
Which of the following is true of a violation of trade secrets’ rights?
•
One must misappropriate another's information.
•
Unauthorized use of another's information constitutes a violation of tr
ade secrets' rights.
•
One must use another's information without permission.
•
Stealing another's intellectual property violates trade secrets' rights.
Which of the following states that parties to a written contract may not
introduce oral evidence to change written terms?
•
The parol evidence rule
•
Concurrent conditions
•
Conditions subsequent
•
The statute of frauds
In a(n) ___________, the shareholders are taxed only on income distri
buted.
•
sole proprietorship
•
corporation
•
limited partnership
. limited liability company
____________ is a court created rule that limits when courts can revie
w administrative decisions.
•
The doctrine of estoppel
•
The doctrine of lapse
•
The doctrine of exhaustion of remedies
•
The doctrine of primary jurisdiction
An employee at-will can be fired for which of the following?
•
Making public statements about the hazardous working conditions in
a company.
•
Making public the fact that the employer was cheating the government
on a defense contract.
•
Taking time off from work to care for a dependent without informing t
he employer.
•
Taking time off from work to serve on jury duty after the boss asked th
e employee to request a waiver.
The ideas and philosophies that explain the origin of law and its justifi
cation are called:
•
jurisprudence
•
stare decisis
•
torts
•
rule of law
Federal law and business leaders alike favor ____________ as a mean
s of governing private business ethics.
•
establishment of federal regulators in all private companies to establis
h and enforce ethical standards
•
self-regulation by companies
•
giving the federal government exclusive jurisdiction regarding ethics a
nd ethics violation enforcement
•creating uniform statutes of business ethics
Which of the following is true in cases where only one party drafts the
contracts that contain terms that appear vague and ambiguous to the o
ther party?
•
The court will interpret the ambiguous and vague terms against the pa
rty that drafts them.
•
The court will declare the drafting party’s behavior as a tort due to inte
ntional ambiguity of terms.
•
The court will interpret the terms as they mean in the common langua
ge.
•
The court will reject the non-
drafting party’s attempt to reinterpret the terms after the contract has b
een signed.
Myra offers to sell her home to Hanna for “about $100,000 plus closin
g costs.” Hanna accepts Myra’s offer, but later a dispute arises concer
ning the precise dollar amount of the purchase price. How will a court
resolve this dispute?
•
The court will appoint a licensed real estate appraiser to determine the
price to be paid by Hanna.
•
The court will require Hanna to pay the average of her price and Myra
’s price.
•
The court will declare the purchase price and terms too indefinite to cr
eate a binding contract.
•
The court will determine a reasonable price to be paid by Hanna.
Hillward Bakers has been using a blue HB logo with a baker’s hat on t
he HB since their inception ten years ago. Hobart Bakers, a newly ope
ned bakery and confectionary chain, has used the same logo. Hillward
has not registered its logo, but it chooses to sue Hobart anyway. Whic
h of the following is true of this case?
•
Hillward can sue Hobart since the logo has been used by Hillward and
is associated with it.
•
Hillward cannot sue Hobart because logos cannot be patented or trade
marked.
•
Hillward cannot sue Hobart since the logo has not been registered as a
trademark.
•
Hobart can defend that Hillward created something that lacks utility a
nd cannot be trademarked.
==============================================
ETH 321 Final Exam Guide (New, June 2018)
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1) The usual measure of damages for a breach of sales contracts is the
difference between the contract price and the ________.
A) current market price of the goods
B) market price at the time of contract
C) market price at the time of breach
D) current cost price of the goods
2) The most common remedy for a breach of contract is an award of
________.
A) injunctions
B) substitute contracts
C) reformations
D) monetary damages
3) Which of the following statements is true of the NAFTA?
A) It allows a member country to reimpose tariffs if imports are hurting
that country's economy or its workers.
B) It disallows any special protection being extended to specific
industries.
C) It disallows NAFTA members from trading with other countries
unless a unanimous permission is obtained.
D) It has been hailed by economists to be a perfect example of a free
trade pact.
4) Under the ________ rule, a contract with an intoxicated person is
voidable only if the person was so intoxicated when the contract was
entered into that he or she was incapable of understanding or
comprehending the nature of the transaction.
A) validation
B) exclusionary
C) force majeure
D) majority
5) What is the significance of the age of majority in relation to legal
contracts?
A) People below the age of majority can directly enter into lawful
contracts.
B) Mentally incompetent persons need to achieve the age of majority in
order to enter into a legal contract.
C) It is the age above which people of capacity can enter into a legal
contract.
D) Minors who have entered the age of majority require his or her
parents or guardian's consent to enter into a legal contract with adults.
6) Which of the following is a difference between acceptance and
revocation?
A) Revocation is valid only if the offeree receives it, while an offeree's
acceptance is valid when dispatched.
B) Revocation can be done by the offeror or offeree, while an
acceptance can only be done by the offeree.
C) An acceptance must be received by the offeror to be valid, while a
revocation need not be received by the offeree.
D) A revocation can be made after acceptance, while an acceptance
cannot be made after revocation.
7) Which of the following is true of the Uniform Commercial Code
(UCC)?
A) The UCC has never been amended since it was first drafted.
B) The UCC is not considered as law, but rather as a guide to lawyers
and judges.
C) The provisions of the UCC normally take precedence over the
common law of contracts.
D) The UCC has been adopted in its entirety by all states.
8) Which of the following is one of the four basic requirements for
contract formation and enforcement?
A) A promise must be supported by a signed written document and an
advance payment.
B) The parties must have contractual capacity.
C) The object of the contract must be ethical.
D) Both parties to the contract must be at least 21 years old.
9) Making false statements about a competitor's products, services,
property, or business reputation could make a company liable for
________.
A) invasion of the right to privacy
B) tort of appropriation
C) disparagement
D) misappropriation of the right to publicity
10) Which of the following is true of merchant protection statutes?
A) They allow merchants to detain shoplifters without being held liable
for false imprisonment.
B) They allow merchants to detain suspects for as long as the merchants
deem necessary.
C) They allow merchants to interrogate suspected shoplifters using
forceful, coercive methods.
D) They allow merchants to exact reasonable payments from suspects as
a punitive measure.
11) Which of the following statements is true of battery?
A) It is considered an unintentional tort that the law considers to be
trivial in nature.
B) It is a legally sanctioned use of force on a particular individual.
C) It is considered an act of negligence on the part of the perpetrator.
D) It entails harmful and unauthorized contact between victim and
perpetrator.
12) Which of the following is true of the Age Discrimination in
Employment Act (ADEA)?
A) Private plaintiffs cannot sue under the ADEA.
B) Persons under 40 are not protected by the ADEA.
C) Employees need to be a minimum of 55 years of age to be protected
by the ADEA.
D) Discrimination in certain employment decisions, like hiring, is
permitted under the ADEA.
13) If a state enacts a law that increases its tax on imported automobiles
but not on American-made automobiles, it violates the ________ of the
U.S. Constitution.
A) Equal Protection Clause
B) Foreign Commerce Clause
C) Supremacy Clause
D) Due Process Clause
14) Which of the following is true of religious discrimination under Title
VII?
A) Only monotheistic religions are covered under Title VII.
B) An employer should reasonably accommodate religious observances
or practices of its employees at the workplace.
C) An employee who claims religious discrimination cannot sue the
employer for any other violation of Title VII.
D) Religious organizations cannot give preference in employment to
individuals of a particular religion.
15) Which of the following is true of the right to sue letter issued by the
EEOC?
A) It is issued when the EEOC chooses to bring suit.
B) It is issued when the EEOC does not find a violation.
C) It is issued when the complainant is found guilty.
D) It is issued only when the discrimination is racial in nature.
16) Which of the following statements is true of child labor regulations
adopted by the Department of Labor?
A) Children between the ages of 14 and 15 may work unlimited hours in
nonhazardous jobs.
B) Children between the ages of 16 and 17 may work limited hours in
hazardous jobs.
C) Children under the age of 14 may work limited hours in
nonhazardous jobs.
D) Children employed in agriculture have no time or work restriction.
17) Which of the following is true of workers' compensation?
A) Families of workers cannot claim workers' compensation despite the
death of the worker.
B) Workers' compensation is only awarded for injuries resulting from
the job.
C) The claim for workers' compensation must be filed with the
employer.
D) Workers' compensation is a fixed amount throughout the country.
18) Under Title VII of the Civil Rights Act, if a supervisor harasses an
employee but no tangible employment action is taken, then ________.
A) the employer is strictly liable for the harassing supervisor's conduct
B) the employer cannot raise a defense to avoid liability
C) the employer is vicariously liable unless it can prove affirmative
defense
D) the rules of employer liability are the same as they would be if the
harassing employee was a coworker
19) Which of the following is true of Good Samaritan laws?
A) They relieve doctors from liability for ordinary negligence when they
render aid to victims in emergency situations.
B) They exempt doctors from liability for gross negligence when they
render aid to victims in emergency situations.
C) They absolve doctors from liability for injuries caused by reckless
conduct when they render aid to victims in emergency situations.
D) They free doctors from liability for injuries caused by intentional
conduct when they render aid to victims in emergency situations.
20) What color is an Orange?
A) Maize
B) Blue
C) Maize & Blue
D) Orange
==============================================
ETH 321 Week 1 DQ
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Why should a company care about Ethics?
What are some positives of the Common Law?
What is the deference between Venue and Jurisdiction?
Give examples of each one.
The 5th Amendment requires the government to act with Due Diligence.
What does that mean?
What is the difference between Binding Arbitration and Mediation?
What are some pros of ADR vs. Litigation?
==============================================
ETH 321 Week 1 Individual Assignment Laws and Ethics Paper
(2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to differentiate between law and
ethics, understand how both affect today's business environment, and
identify the importance of alternative dispute resolution in business.
Assignment Steps
Develop a 1,050-word summary contrasting law and ethics describing
the following:
Describe how laws or regulations affect your past or current job or
industry.
Describe how ethical rules affect your past or current job or industry and
explain why ethics are considered an asset to a workplace.
Discuss the various types of alternative dispute resolution (ADR) and
analyze which types of ADRs are regularly used in your workplace.
Cite a minimum of two peer-reviewed references.
Format your paper consistent with APA guidelines
==============================================
ETH 321 Week 1 Individual Assignment Role and Functions of
Law Paper (2 Papers)
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This Tutorial contains 2 Papers
Write a 700- to 1,050-word paper in which you discuss the roles of law
and courts in today's business environment.
• Differentiate the federal court structure with your state's court
structure.
• Discuss the concept of judicial review.
• Explain how laws or regulations affect your present job or industry.
• Properly cite at least two references from your reading.
Cite your research and format your paper consistent with APA
guidelines.
Click the Assignment Files tab to submit your assignment.
==============================================
ETH 321 Week 1 Knowledge Check
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1.
What has been one of the focus areas of law in the United States over the
past few decades?
2.
Identify the true statement about the role of law in the United States.
3.
Which of the following is one of the purposes of law today?
4.
Identify the true statement about the American judiciary.
5.
What is the function of an appellate court?
6.
Identify the courts that conduct primary trials for issues that involve fede
ral matters such as federal regulations and statutes. The courts also hear
a range of matters and provide decisions that are binding only on the part
ies involved.
7.
What is true about arbitration as an alternative form of dispute resolution
?
8.
Sigma Inc. and Beta LLC. are two companies involved in a dispute. Bot
h companies have agreed to appoint a third party, an attorney, to listen to
their arguments and help them reach an agreement. The third party, how
ever, will not render any kind of decision for the two parties involved. W
hat type of alternative form of dispute resolution is being used by Sigma
Inc. and Beta LLC.?
9.
In certain cases, the legal issues involve the intricacies of a specific indu
stry or profession. In such cases, which type of alternative dispute resolu
tion is used in which a neutral professional is hired to assess and evaluat
e facts and arguments. The professional is expected to come up with an a
ppropriate solution or recommendation. The professional could also coll
ect more information, if required, for the case.
==============================================
ETH 321 Week 2 Assignment Business Torts and Intellectual
Property (Sam, ABC Paper Corp) (2 Papers)
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This Tutorial contains 2 Papers
Purpose of Assignment
The purpose of this assignment is to identify the form of intellectual
property outlined, and to examine the different types of torts committed.
Assignment Steps
Scenario: Sam is an employee of ABC Paper Corp. He signed a non-
disclosure agreement as a condition of his employment with ABC. Sam
is approached by XYZ Paper Co. with an offer of employment, but only
if he brings his client list with him. Sam was fully responsible for
creating his client list, so he agrees to provide it to XYZ. When Sam
downloads his client list onto an external flash drive, he is caught in the
act by his boss Natalie. Sam grabs the flash drive and runs out of his
office, shoving Natalie aside when she attempts to stop him. Natalie falls
and hits her head against the doorknob, suffering a concussion.
Develop a 1,050-word analysis using the information posed in the
scenario.
Identify if there is an intellectual property at issue here. If so, what type?
Discuss if Sam's actions are ethical. Why or why not?
Discuss the types of tort, if any, Sam committed. Did any of the other
parties in this scenario commit a tort?
Discuss if any of Sam's actions subject him to criminal liability.
Cite a minimum of three peer-reviewed references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment
==============================================
ETH 321 Week 2 DQ 1
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ETH/321
Discussion Questions: Week Two
Explain the required elements for each of the three types of torts:
Intentional, Negligence & Strict Liability
What are some of the differences between a Paten and a Trade Secret?
Why would a company select one over the other?
UTSA is a state law. To get a patent, one must publicly disclose
everything about it to the
USPTO making it easy to steal it. What can a patent owner do about
infringement?
What Laws protect computer information? Could be either federal or
state.
What are some specific examples of business crimes? What is the
required burden of proof for such crimes?
Comment Regarding Inside Trading Example:
Torts also award damages for made up harms. Called Pain &Suffering +
Punitive Damages. Why do companies hate both?
==============================================
ETH 321 Week 2 Individual Assignment Business Torts And
Ethics Paper (2 Papers)
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This Tutorial contains 2 Papers
You own University Heights Apartments, a business that rents primarily
to students. One evening, your tenant Sharon is attacked by an intruder
who forces the lock on the sliding glass door of her ground-floor
apartment. Sharon's screams attract the attention of Darryl, your resident
manager, who comes to Sharon's aid. Together, Darryl and Sharon drive
the intruder off, but not before they both are badly cut by the intruder.
Write a paper of 700- to 1,050-words answering the questions posed by
this scenario.
Is the intruder liable for what he has done? Why or why not?
Do you have legal responsibilities to Sharon and Darryl? Why or why
not?
Do you have ethical responsibilities to Sharon and Darryl? Explain. If
there are ethical responsibilities, what are they?
What should you do to prevent or mitigate such risks?
Cite to at least four scholarly references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment
==============================================
ETH 321 Week 2 knowledge Check
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1.
Identify the true statement about a claim of defamation.
2.
Who among the following is given absolute privilege or immunity agai
nst defamation?
3.
Delta Inc. has filed a lawsuit against one of its new franchisees for pro
viding false information about the amount of its profits it would give to
Delta every month. Delta has also ascertained that the incorrect infor
mation caused pecuniary damages to Delta as well as damages to its re
putation. What type of business tort is illustrated in the scenario?
4.
What is likely to make a plaintiff's case stronger in a negligence lawsu
it?
5.
In cases of negligence, what is one problem in applying the but for test
?
6.
Which doctrine allows a plaintiff to presume that a defendant caused c
ertain damages without describing exactly how the defendant behaved
?
7.
What is true about strict liability?
8.
Venus Corp. is a building demolition company that produces large qua
ntities of plastic explosives, which are stored in its warehouses. These
warehouses are typically insulated and protected against damage. How
ever, one day, a worker unintentionally causes an explosion in one of t
he warehouses, damaging buildings around it and causing injury to so
me individuals in the area. Which type of liability will a court most like
ly impose on Venus Corp.?
9.
Identify the basis upon which strict liability is imposed on a company f
or damages caused in the event of an incident.
10.
Omega Inc. has filed a lawsuit against one of its employees. This empl
oyee has been transferring monthly sums of company money into his p
ersonal account. He has been simultaneously altering the company's fi
nancial records to indicate that the money is still in the company acco
unt. What kind of white collar crime is illustrated in the scenario?
11.
Identify the white collar crime that involves a fraudulent entity attracti
ng investors, offering them high returns, and paying these returns, not
from profits, but from investments made by subsequent investors.
12.
Choose the correct statement about white collar crimes in the United S
tates.
==============================================
ETH 321 Week 2 Quiz
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1) Which of the following statements is true of states' police power?
A) Police power restricts states from regulating interstate commerce,
although it happens within their borders.
B) The states are allowed to regulate army activities within their borders.
C) They are given the authority to enact laws that regulate the conduct of
business.
D) The police force of a state is controlled by the federal police
department.
2) Which of the following statements is true about the arbitration
procedure?
A) When one party seeks to enforce an arbitration clause, it must give
notice to the other party.
B) In the event of nonbinding arbitration, the decision and award of the
arbitrator cannot be appealed to the courts.
C) In the event of binding arbitration, the decision and award of the
arbitrator can be appealed to the courts.
D) No new evidence, witness, or testimony can be introduced during the
arbitration procedure.
3) The first ten amendments to the U.S. Constitution are collectively
known as the ________.
A) Due Process Clause
B) Privileges Clause
C) Bill of Rights
D) Articles of Confederation
4) The ________ requires that the government give a person proper
notice and hearing of legal action before that person is deprived of his or
her life, liberty, or property.
A) procedural due process
B) substantive due process
C) Supremacy Clause
D) Equal Protection Clause
5) ________ is a general rule of corporate law that provides that
generally shareholders are liable only to the extent of their capital
contributions for the debts and obligations of their corporation and are
not personally liable for the debts and obligations of the corporation.
A) Limited-purpose clause
B) Limited liability of shareholders
C) Preferred shareholder rule
D) Nonparticipating shareholder rule
6) Judges for federal courts are selected ________.
A) by election by the voters within the state where they preside
B) by the president, subject to confirmation by the Senate
C) by the U.S. Supreme Court justices
D) by the sitting federal judges within the same circuit
7) Which of the following statements is true of the U.S. Supreme Court?
A) The U.S. Supreme Court's decisions are appealable.
B) The U.S. Supreme Court hears appeals only from the federal circuit
courts of appeals.
C) The U.S. Supreme Court does not hear any new evidence or
testimony in reviewed cases.
D) The U.S. Supreme Court does not grant any oral hearings to the
parties.
8) Jill wins a lawsuit against Terry in the Wyoming state court. The
court passes a judgment for Terry to pay $20,000 to Jill. Immediately
after the case is settled, Terry moves to Colorado, where she owns a
house, and refuses to pay Jill the money. Which of the following is the
best course of action for Jill?
A) file a lawsuit against Terry in a Colorado state court to enforce the
Wyoming court judgment
B) file another case against Terry in the Wyoming state court to collect
the money against Terry's property
C) file a case against Terry in Wyoming to force Terry to sell her house
in Colorado to pay the money
D) file a case in the Colorado federal court as this qualifies as a federal
question case
9) Which of the following is true of LLC taxation?
A) An LLC is taxed as a corporation in all general cases.
B) An LLC can be taxed only as a partnership.
C) Members of an LLC are subject to double taxation.
D) An LLC is not taxed at the entity level.
10) A panel of persons who are elected by the shareholders that make
policy decisions concerning the operation of a corporation is known as
________.
A) legal aides
B) cartel
C) consortium
D) board of directors
11) Which of the following is a function of the state supreme courts?
A) conducting trials related to misdemeanor criminal law
B) hearing appeals from intermediate appellate state courts and certain
trial courts
C) conducting trials related to felonies and civil disputes
D) reviewing the judgments and records of the lower courts and ratifying
them
12) According to priority, which of the following claimants is the last to
be paid after assets have been liquidated of a corporation?
A) creditors
B) common stockholders
C) preferred shareholders
D) bond holders
13) Which of the following is true about dividends?
A) Cash or property dividends, once declared, can be revoked.
B) Officers of the corporation may opt to retain profits for corporate
purposes instead of as dividends.
C) Shareholders can sue to recover undeclared and paid dividends.
D) Dividends are paid at the discretion of the board of directors.
14) Which of the following is true of an S corporation?
A) The corporation can have no more than 100 shareholders.
B) Only foreign corporations can be an S corporation.
C) They are taxed at the corporate level.
D) The corporation must be a member of an affiliated group of
corporations.
15) Which of the following policies helps a corporate officer from being
sued for honest mistakes made on behalf of a corporation?
A) duty of loyalty
B) duty of obedience
C) business judgment rule
D) self-dealing
16) The Sarbanes-Oxley Act officially applies only to a ________
corporation.
A) close
B) nonprofit
C) public
D) noncommercial
17) An LLC differs from a sole proprietorship in that it ________.
A) gives nonmanager members rights to manage a manager-managed
LLC's business affairs
B) is less complex and costly to form than a sole proprietorship
C) can be owned by one owner in most states and can thus obtain limited
liability
D) requires at least one member who is personally liable for the
obligations of the partnership
18) Owners of a corporation who elect the board of directors and vote on
fundamental changes in the corporation are known as ________.
A) spectators
B) shareholders
C) electors
D) associates
19) Which of the following is true of liabilities of LLCs?
A) Members of the LLC are liable to the extent of their capital
contribution.
B) Managers of LLCs are personally liable for the debts, obligations,
and liabilities of the LLC.
C) LLCs are not liable for any loss or injury caused by their employees.
D) LLCs are not liable for losses caused due to negligence of their
managers during the ordinary course of business.
20) How are the justices of the U.S. Supreme Court appointed?
A) They are nominated by the President and confirmed by the Senate.
B) They are directly appointed by the President of the United States.
C) They are nominated and confirmed by the Chief Justice of the
Supreme Court.
D) They are nominated by the Associate Justices and confirmed by the
Chief Justice.
==============================================
ETH 321 Week 2 Team Assignment Torts And Ethics
Presentation (2 PPT)
FOR MORE CLASSES VISIT
www.eth321outlet.com
This Tutorial contains 2 PPT
Create an 8- to 10-slide Microsoft® PowerPoint® presentation in
which your team members include the following:
Summarize the key points of the Business Torts and Ethics Individual
assignment
Defend your collective findings and conclusions
Discuss the different types of torts that may arise in a business
situation
Click the Assignment Files tab to submit your assignment.
==============================================
ETH 321 Week 3 Assignment Business Forms and Silent
Partnership (2 Papers)
FOR MORE CLASSES VISIT
www.eth321outlet.com
This Tutorial contains 2 Papers
The purpose of this assignment is to select the best organizational form,
and to discuss ethical concerns with the business scenario.
Assignment Steps
Scenario: Adam and Laura wish to open a pet grooming shop called
Dazzling Doggies Day Spa. Laura’s mother Beth would like to
contribute the startup costs in exchange for a share of profits, but she
doesn’t want to participate in the daily operations of the business. She
also doesn’t want to have any personal liability in the business.
Develop a 350- to 700-word summary with the following information:
Which business organizational form would be best given the above
circumstances, and why?
Unbeknownst to Laura and Beth, Adam begins to use Dazzling Doggies
Day Spa’s checking account to pay all his personal bills. Are his actions
ethical? Why or why not?
Cite a minimum of two peer-reviewed references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.
==============================================
ETH 321 Week 3 DQs
FOR MORE CLASSES VISIT
www.eth321outlet.com
Does an oral contract have to be in writing to be enforced? Think:
Statute of Frauds.
What is the penalty for failure to satisfy the SOF?
Two types of law govern contracts: The Common Law of Contracts &
Article 2 of the Uniform Commercial Code. What do they each cover?
Which one follows the Mirror Image Rule?
What is the MIR?
And why does it matter?
What about Equitable Remedies?
What are the elements of an enforceable contract?
Why is the LLC the best form for a small business to use? Taxes,
Flexibility of ownership
Liability & Administrative Burdens.
What is Limited Liability? What is Double Taxation?
==============================================
ETH 321 Week 3 Individual Assignment Business Forms
Worksheet (2 Sheet)
FOR MORE CLASSES VISIT
www.eth321outlet.com
This Tutorial contains Sheet on several Form of Business
Complete the Business Forms Worksheet.
Click the Assignment Files tab to submit your assignment.
There are seven forms of business: sole proprietorship, partnership,
limited liability partnership, limited liability company (including the
single member LLC), S Corporation, Franchise, and Corporation.
1. Select one of the forms of business
2. Research and provide three advantages and three disadvantages
for this business form.
3. Provide a 100- to 200-word summary in which you provide an
example business for each form. Discuss at least one of the advantages
and one of the disadvantages of that form and potential legal forms
that might be required.
==============================================
ETH 321 Week 3 knowledge Check
FOR MORE CLASSES VISIT
www.eth321outlet.com
1.
In which case is an offer irrevocable?
2.
What does the mailbox rule, in the context of common law contracts, st
ate?
3.
Which of the following meets the consideration requirement of contrac
ts?
4.
When does fraudulent misrepresentation occur in the context of contr
acts?
5.
Mr. Sanchez is a 70-year-
old man with Parkinson’s disease. Jennifer, a full-
time nurse, has been taking care of him for over four years. Mr. Sanch
ez depends on Jennifer and considers her to be a trustworthy caregiver
. However, Jennifer informs Mr. Sanchez that she can no longer be hi
s caregiver unless he promises to leave his estate to her in his will. Sin
ce Mr. Sanchez does not have anyone else to care for him, he accepts t
his agreement. Under which condition would a court of law allow Mr.
Sanchez to void this agreement?
6.
Which defense can be used when one party to an agreement threatens
violence against another party to the agreement to persuade the latter t
o modify the agreement?
7.
What is true about the statute of frauds for common law contracts?
8.
According to the statute of frauds, what is one component that is consi
stently required for a contract to be valid?
9.
To which of the following common law contracts will the statue of frau
ds best apply?
10.
Gadgetbug Corp. and Alba Inc. are two companies that have entered i
nto a contract. According to the terms of this contract, if any one party
breaches the contract, it will pay the nonbreaching party a fixed amou
nt of $50,000. What type of remedy for contract breaches is best illustr
ated in the scenario?
11.
In the context of remedies to breach of contract, what is true about co
mpensatory damages?
12.
Identify the type of remedy for contract breaches in which a nonbreac
hing party also recovers damages for foreseeable indirect losses.
13.
Identify the type of equitable remedy in which a court orders a party to
refrain from taking a particular action.
14.
Adrian, who runs a café, has a contract with Mariam, who is a supplie
r. The contract states that Mariam will provide hundred cartons of coc
oa powder to Adrian every week for a set price. However, after making
the contract, Mariam realizes that there is an error in it. The price is m
uch lower than had been agreed. Mariam decides to have the terms of
contract changed. The court rules that the price term of the contract be
revised. What type of remedy is illustrated in the scenario?
15.
What is true about specific performance as an equitable remedy for co
ntract breaches?
16.
What is true about the formation of a sole proprietorship?
17.
Identify the true statement about general partnerships.
18.
Anita and Sameera own a salon together. Anita manages the business
and takes management decisions herself. On the other hand, Sameera
has only invested capital in the business. According to the agreement,
Anita assumes responsibility for all the debts and liabilities of the salo
n, but Sameera is liable only for the amount that she contributed to the
business. What type of business form is illustrated in the scenario, ass
uming necessary documents are filed with the appropriate jurisdiction
?
19.
Which statement is true in the context of limited liability companies (L
LCs)?
21.
Which of the following business firms is most likely to be a limited liab
ility partnership (LLP)?
22.
Which of the following statements is true about corporations?
23.
What is one of the characteristics of a typical privately held corporatio
n?
24.
Identify the true statement about corporations.
==============================================
ETH 321 Week 3 Learning Team Assignment Contract
Clause & Intellectual Property Drafting Paper (3 Papers)
FOR MORE CLASSES VISIT
www.eth321outlet.com
This Tutorial contains Paper on both Options (Dispute Resolution
Clause and IP)
Draft a contract clause regarding one of the following topics:
Dispute Resolution Clause
OR
Intellectual Property (IP) Clause regarding ownership of IP
Write a paper of 700- to 1,050-words in which you explain the
following:
Explain any legal issues regarding your selected clause
How your contract clause can be applied in a business managerial
setting for either a personal, real, or IP dispute or an IP property
clause regarding either owner of IP or trade secrets.
In the event the contract was breached, what might be the best possible
remedies for this and why?
Cite at least 3 scholarly references.
Format your paper consistent with APA guidelines.
==============================================
ETH 321 OUTLET Introduction Education--eth321outlet.com

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ETH 321 OUTLET Introduction Education--eth321outlet.com

  • 1. ETH 321 Assignment Week 1 Alternative Dispute Resolution (ADR) Ethics and Risk Management Study (Dazzling Dough Co. Vs Jerry’s Pizza) (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com The purpose of this assignment is to analyze and select an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior, and to develop risk management procedures to avoid or reduce claims and litigation. Read the following scenario: Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of the restaurants buy at least 150 pounds of pizza dough from Dazzling Dough Co. in each order. Jerry's Pizza contacted Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with some other items. Dazzling Dough Co. sent Jerry's Pizza a written contract, prepared by Dazzling Dough Co.'s lawyer, stating that "Jerry's Pizza agrees to purchase 200 pounds of pizza dough, pizza toppings, desserts and soft drinks for $30,000." Jerry's Pizza signed and returned the contract. A few days later, Dazzling Dough Co. sent Jerry's Pizza 125 pounds of pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks.
  • 2. Jerry's Pizza contacted Dazzling Dough Co. about the error in the contract and demanded an extra 75 pounds of pizza dough. Dazzling Dough Co. said there was no error, that Jerry's Pizza signed the contract so they agreed to the terms, and it was not sending the extra pizza dough. After several attempts to resolve the dispute and a pressing need for dough, Jerry's Pizza terminated the contract and sent Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza dough, pizza toppings, desserts and soft drinks. Jerry's Pizza immediately purchased 75 pounds of pizza dough from another company for $12,000. Both parties are threatening to sue each other for breach of contract. They prefer to resolve the dispute out of court because the contract contains a clause that awards reimbursement of attorney's fees to the winning party. The board of directors of Jerry's Pizza scheduled a meeting with you and other senior management at the company to discuss the dispute. You'll need to prepare a strategic plan overview (an abbreviated strategic plan, not a full plan) for the board that explains why there is a dispute, suggests various settlement proposals, and provides recommendations on how Jerry's Pizza can avoid this kind of dispute in the future. Prepare a 525- to 875-word strategic plan overview to resolve the legal dispute for the board (use the bullet point headings provided below to format your overview) addressing the following:
  • 3. Summary of Dispute Identify the source of the dispute. Identify each party's interpretation of the contract language. Identify whether each party's interpretation is reasonable. Identify any missing facts that would be helpful to know in order to resolve the dispute. Proposed Revisions to Contract Language Recommend specific revisions to the contract's language so that it is clear what Jerry's Pizza expected to buy and what Dazzling Dough Co. is required to deliver. Ethical Considerations Explain the ethical considerations for a company to enforce specific terms of a contract against another company if the other company is mistaken about what was agreed to. Discuss the factors that should be considered.
  • 4. Recommendations Two to three possible settlement options (e.g., pay for the disputed dough, reduce the amount of dough to be purchased, split the difference, refuse to pay, etc.) Two to three methods of dispute resolution (e.g., negotiation, mediation, arbitration, litigation, etc.) that Jerry's Pizza can propose to Dazzling Dough Co. ============================================== ETH 321 Assignment Week 2 Assignment Legal Duties Of Corporate Directors And Officers (Fitzgerald Foods Company Policy Document) (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Papers
  • 5. The purpose of this assignment is to explain the legal duties imposed on corporate directors and officers, to determine whether a director or officer has violated his or her legal duties to the corporation, and to evaluate how a violation of such duties may negatively affect the corporation and its shareholders. Read the following scenario. Fitzgerald Foods is a food processing corporation. In the past year, three directors were forced to leave Fitzgerald Foods after it was discovered the directors breached their legal duties to the corporation. Two of the directors were also officers of the corporation. The chairman of the board at Fitzgerald Foods is concerned that the remaining directors don't understand their legal duties to the corporation and that new directors won't understand their duties either. You are the chief executive officer (CEO) of the corporation. The chairman of the board asked you to work with the corporation's legal counsel to make a company policy document for directors and officers about their legal duties to the corporation. paper must be a 700- to 1,050 word company policy (template provided) for Fitzgerald Foods' directors and officers completing the following:
  • 6. Legal Duties of Directors and Officers (a heading from policy document) Explain the legal duties of directors and officers to the corporation, including the "business judgment rule." Benefits of Compliance (a heading from policy document) Discuss the benefits of compliance for Fitzgerald Foods. Consequences of Noncompliance (a heading from policy document) Analyze how unethical activity by a director or officer can lead to a violation of a legal duty owed to the corporation. Provide a brief example from a news article or court case within the last three years that demonstrates corporate director or officer liability in the United States. Recommend separately (not a heading on the policy document) to the chairman of the board in 45 to 90 words at least two business risk management procedures that Fitzgerald Foods can adopt in the future to avoid violations of legal duties by its directors and officers. Use the Fitzgerald Foods Company Policy template as a guide for your policy document. Search the internet for examples of completed policy documents using the following search parameters: policy document example, policy document template, policy document format, policy document sample, or any variation you choose. An example may assist you to make your policy document.
  • 7. Cite a minimum of two references according to APA guidelines. ============================================== ETH 321 Assignment Week 3 Individual Signature Assignment- Employee Classification and Discrimination (Dream Massage) (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Papers The purpose of this assignment is to evaluate different types of employment relationships and potential discriminatory employment policies from an ethical standpoint. Read the following scenario. Janice was hired by Dream Massage to be a massage therapist. She is engaged as an independent contractor and, therefore, receives no tax withholding or employment benefits. Dream Massage requires Janice to work a set schedule, provides her with clients and all her massage products, and exercises complete control over how Janice does her work. In addition, when Janice shows up to work the first day, she is informed
  • 8. by Dream Massage that she cannot wear her hijab as it violates the company's dress code policy. The owner of Dream Massage comes to you, a human resources (HR) consultant, to find out if Janice is properly classified as an independent contractor and if there is potential liability concerning the hijab. Create a 700- to 1,050-word HR report for Dream Massage in which you examine the employment issues presented in the scenario. Include the following: Analyze whether Janice qualifies as an employee or should be classified as an independent contractor. Discuss whether Dream Massage has potentially violated any employment discrimination laws. Analyze ethical considerations associated with the maintenance of a rigid company dress policy. Cite a minimum of three references. Format your paper consistent with APA guidelines. ============================================== ETH 321 Assignment Week 3 Team Assignment Sexual Harassment Education for Managers (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Papers
  • 9. The purpose of this assignment is to define sexual harassment in the workplace and its negative effect on employees and the business, to analyze the requirements for a sexual harassment claim, to develop methods that a business can adopt to reduce or eliminate sexual harassment claims and litigation, and to assess liability based on the form of business entity. Read the following scenario. High-profile sexual harassment scandals, such as allegations against Bill Cosby, Harvey Weinstein of the Weinstein Company, and Bill O'Reilly and Roger Aisles of Fox News, are changing the landscape of workplace sexual harassment claims and litigation. Conduct a roundtable discussion (in person, web conference, or via e- mail, text, etc.) with your Learning Team members regarding sexual harassment as a growing ethical and legal concern for businesses today. Each Learning Team member must be prepared to discuss each topic. Assign a group moderator to keep the discussions on track. Your discussion should last at least 45 minutes to one hour and include the following:
  • 10. •Define sexual harassment and discuss applicable law (such as the Civil Rights Act of 1964). How does the state law in your state address sexual harassment? •Discuss a recent sexual harassment claim in the news and whether media coverage is beneficial or detrimental to reporting and reducing sexual harassment claims in the workplace. Should sexual harassment claims be addressed publicly or handled privately? •Explain the ethical and legal considerations of a business protecting its employees (the accuser, the accused, and other employees in the company) while a workplace sexual harassment investigation is underway. Does your answer change if the allegation is a widely known scandal-making front page news?
  • 11. •Compare the sexual harassment liability of a business entity that is a sole proprietorship with an entity that is a corporation. •Recommend risk management procedures a business can implement to avoid or reduce sexual harassment claims from occurring in the workplace. ============================================== ETH 321 Assignment Week 4 Individual Trade secret theft study (Futuretek) (2 PPT) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Presentations Read the following scenario.
  • 12. Futuretek sells high-tech computer chips and software to smartphone manufacturers worldwide. Futuretek maintains two software databases: one containing Futuretek's customer list with nonpublic contact information for key personnel, and the other containing customer purchasing trends. The information in the two databases is available for employees to view and use in connection with their job duties. Dana is a computer programmer for Futuretek. Dana plans to run her own company one day and design and sell her own computer chips to smartphone companies. As an employee, she has access to the two databases containing Futuretek's key purchaser and purchasing trends information. Dana decides to leave Futuretek and start her own computer chip business. Before she leaves, she makes a copy of the two databases on a portable hard drive. Dana uses the information to contact Futuretek's customers and offer them cheaper, but comparable, computer chips manufactured by Dana's new company, SmartChip. Futuretek becomes aware of Dana's actions and asks you, the chief operations officer, for advice and recommendations on what to do. Determine whether Dana has taken Futuretek's intellectual property (IP), and if so, describe the type(s) of IP that was taken.
  • 13. Explain any civil actions in tort or criminal actions that may be brought against Dana or SmartChip. Assume Futuretek sues SmartChip, and Futuretek wins the lawsuit. Recommend ethical policies that SmartChip can put into place to prevent future legal claims and litigation against the company. Recommend risk management procedures that Futuretek can implement to avoid or limit this type of activity from happening to the company in the future. ============================================== ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues Paper (Great Buys) (1200 Words) FOR MORE CLASSES VISIT www.eth321outlet.com The purpose of this assignment is to analyze internet-based contracting issues, such as online contract formation; to determine the requirements for performance and breach of online contracts; and to develop enforceable methods for dispute resolution. Read the following scenario.
  • 14. Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process. • Great Buys isn't sure it has a binding contract with its customers because the contract is completely online and in electronic format. • Customers have argued they are not bound to the online contract because there's no handwritten "pen and ink" signature. • Great Buys also wants to know if any international laws will apply when the company starts selling its electronic products internationally. • Great Buys has been sued in different state courts all over the country, and it would like to know if an arbitration clause requiring that arbitration be conducted in New York City will be enforceable. • Finally, Great Buys wants one or two suggestions for improving its internal business procedures so that customer product complaints don't turn into contract-related claims or lawsuits. Great Buys' management team asks you, the company's contract manager, to work with your team and address their concerns. Prepare a 500 word report (excluding cover and reference pages) for Great Buys that addresses all of the company's concerns above. Your Learning Team should determine how to allocate tasks among the members (do not submit reports by individual Learning Team members).
  • 15. Cite a minimum of two references. Format your assignment according to APA citation guidelines (for audio or video option above or presentation option above) or APA formatting guidelines (for report option above). ============================================== ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues Presentation (Great Buys) FOR MORE CLASSES VISIT www.eth321outlet.com The purpose of this assignment is to analyze internet-based contracting issues, such as online contract formation; to determine the requirements for performance and breach of online contracts; and to develop enforceable methods for dispute resolution. Read the following scenario. Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process.
  • 16. • Great Buys isn't sure it has a binding contract with its customers because the contract is completely online and in electronic format. • Customers have argued they are not bound to the online contract because there's no handwritten "pen and ink" signature. • Great Buys also wants to know if any international laws will apply when the company starts selling its electronic products internationally. • Great Buys has been sued in different state courts all over the country, and it would like to know if an arbitration clause requiring that arbitration be conducted in New York City will be enforceable. • Finally, Great Buys wants one or two suggestions for improving its internal business procedures so that customer product complaints don't turn into contract-related claims or lawsuits. Great Buys' management team asks you, the company's contract manager, to work with your team and address their concerns. Prepare a 500 word report (excluding cover and reference pages) for Great Buys that addresses all of the company's concerns above. Your Learning Team should determine how to allocate tasks among the members (do not submit reports by individual Learning Team members). Cite a minimum of two references.
  • 17. Format your assignment according to APA citation guidelines (for audio or video option above or presentation option above) or APA formatting guidelines (for report option above). ============================================== ETH 321 Assignment Week 5 Securities and International Regulatory Agencies FOR MORE CLASSES VISIT www.eth321outlet.com The purpose of this assignment is to analyze the effect of domestic and international regulatory agencies and court systems on business transactions and dispute resolution. Read the following scenario: You are the CEO of Bonner, a U.S.-based farm equipment corporation. Bonner recently announced the release of an innovative new tractor with technology based on a patented invention developed by Bonner's engineers. Bonner's vice president, who is aware of the upcoming product offering, bought 100,000 shares of Bonner stock prior to the announcement. You found out about the vice president's stock purchase on the day of the announcement. One week after the announcement, Bonner received a letter from a German farm equipment corporation, accusing Bonner of patent infringement based on the new tractor's technology.
  • 18. Bonner's board of directors asked you to assess the vice president's liability for the stock purchase and the company's options for resolving the German corporation's patent infringement claim. Prepare an infographic for the board (e.g., Piktochart®, Publisher, Glogster®, Microsoft® PowerPoint®, etc.) in which you discuss the following: Compare the resolution of the patent dispute in a U.S. court with the resolution of the dispute using the World Intellectual Property Organization's (WIPO) dispute resolution program. Search the internet to review WIPO's dispute resolution program. (Information about WIPO's dispute resolution program may be located on their website by searching the Internet for WIPO). Assess the liability of Bonner's vice president for purchasing the corporation's stock prior to the announcement of the new tractor. Assess whether Bonner has any legal or ethical duties to disclose the stock purchase, and if so, to whom? Discuss risk management procedures Bonner can adopt to avoid or reduce situations like these from happening in the future. Create a 350- to 525-word letter in response to the German farm equipment company in which you: Explain why Bonner is the owner of the invention Discuss the intellectual property rights owned by Bonner in the invention Suggest a method of dispute resolution (e.g., arbitration, mediation, litigation, WIPO dispute resolution), why that method would be desirable for resolving the dispute, and how and where the dispute resolution should be held (United States, foreign country, online, etc.). Cite a minimum of two references. Format your assignment according to APA guidelines. ==============================================
  • 19. ETH 321 AssignmentWeek 1 Family-Owned Business Memo (mom and pop Grocery Store) (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Papers Read the following scenario. A family-owned business can have special complications. The line separating family relationships and legal responsibilities can be unclear. It is important for directors, officers, and owners of a family-owned business to be aware of the issues to avoid misunderstandings and unintended liability and to preserve familial relationships.
  • 20. You are a consultant advising a "mom and pop" grocery store owned by Jeff and Joan, a married couple, and their two adult children, Martha and Henry. The grocery store operates under a subchapter S corporation. Jeff and Joan as a couple own 70% of the corporation's shares, and Martha and Henry each own 15% of the shares. Jeff, Joan, and Martha are directors of the corporation, and Henry is the corporation's chief executive officer (CEO). Create a minimum 700-word client memorandum (memo) addressing the following: Explain the legal duties that Jeff and Joan, as majority shareholders, have to Henry and Martha as minority shareholders. What are their duties to Henry (an owner) as directors of the corporation? Define the types of ethical duties Jeff, Joan, Martha, and Henry have to each other as owners of the company. What about as family members? Provide suggested steps the family can take to abide by their legal duties as directors and officers, yet still preserve relationships between family members. Click on Office Templates and use the following search parameter: memorandum.
  • 21. Format your paper consistent with APA Guidelines. You must use APA formatted headings to add organization to your paper. Use bold and centered first-level headings, and put second-level headings in bold at the left margin. Capitalize all major words in both headings and eliminate italics. Have a Summary or Conclusion first-level heading. Cite to the textbook and a minimum of two peer-reviewed sources within your paper and they must also be identified in your APA correctly formatted References Page. Support your position/answers using legal terms, definitions and concepts found in this week's course materials. Format your paper so that all paragraphs have a minimum of three sentences. ==============================================
  • 22. ETH 321 Entire Course FOR MORE CLASSES VISIT www.eth321outlet.com ETH 321 Final Exam Guide (Aug 2018) ETH 321 Final Exam Guide (New, June 2018) ETH 321 Assignment Week 1 Alternative Dispute Resolution (ADR) Ethics and Risk Management Study (Dazzling Dough Co. Vs Jerry’s Pizza) (2 Papers) ETH 321 Assignment Week 1 Family-Owned Business Memo (mom and pop Grocery Store) (2 Papers) ETH 321 Assignment Week 2 Assignment Legal Duties Of Corporate Directors And Officers (Fitzgerald Foods Company Policy Document) (2 Papers)
  • 23. ETH 321 Assignment Week 3 Individual Signature Assignment- Employee Classification and Discrimination (Dream Massage) (2 Papers) ETH 321 Assignment Week 3 Team Assignment Sexual Harassment Education for Managers (2 Papers) ETH 321 Assignment Week 4 Individual Trade secret theft study (Futuretek) (2 PPT) ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues Paper (Great Buys) (1200 Words) ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues Presentation (Great Buys) ETH 321 Assignment Week 5 Securities and International Regulatory Agencies ETH 321 Week 2 Quiz ============================================== ETH 321 Final Exam Guide (Aug 2018)
  • 24. FOR MORE CLASSES VISIT www.eth321outlet.com ETH 321 Week Five Final Exam Answers 1) The usual measure of damages for a breach of sales contracts is the difference between the contract price and the ________. A) current market price of the goods B) market price at the time of contract C) market price at the time of breach D) current cost price of the goods 2) The most common remedy for a breach of contract is an award of ________.
  • 25. A) injunctions B) substitute contracts C) reformations D) monetary damages 3) Which of the following statements is true of the NAFTA? A) It allows a member country to reimpose tariffs if imports are hurting that country's economy or its workers. B) It disallows any special protection being extended to specific industries. C) It disallows NAFTA members from trading with other countries unless a unanimous permission is obtained.
  • 26. D) It has been hailed by economists to be a perfect example of a free trade pact. 4) Under the ________ rule, a contract with an intoxicated person is voidable only if the person was so intoxicated when the contract was entered into that he or she was incapable of understanding or comprehending the nature of the transaction. A) validation B) exclusionary C) force majeure D) majority 5) What is the significance of the age of majority in relation to legal contracts?
  • 27. A) People below the age of majority can directly enter into lawful contracts. B) Mentally incompetent persons need to achieve the age of majority in order to enter into a legal contract. C) It is the age above which people of capacity can enter into a legal contract. D) Minors who have entered the age of majority require his or her parents or guardian's consent to enter into a legal contract with adults.
  • 28. 6) Which of the following is a difference between acceptance and revocation? A) Revocation is valid only if the offeree receives it, while an offeree's acceptance is valid when dispatched. B) Revocation can be done by the offeror or offeree, while an acceptance can only be done by the offeree. C) An acceptance must be received by the offeror to be valid, while a revocation need not be received by the offeree. D) A revocation can be made after acceptance, while an acceptance cannot be made after revocation. 7) Which of the following is true of the Uniform Commercial Code (UCC)? A) The UCC has never been amended since it was first drafted.
  • 29. B) The UCC is not considered as law, but rather as a guide to lawyers and judges. C) The provisions of the UCC normally take precedence over the common law of contracts. D) The UCC has been adopted in its entirety by all states. 8) Which of the following isone of the four basic requirements for contract formation and enforcement? A) A promise must be supported by a signed written document and an advance payment. B) The parties must have contractual capacity. C) The object of the contract must be ethical. D) Both parties to the contract must be at least 21 years old.
  • 30. 9) Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________. A) invasion of the right to privacy B) tort of appropriation C) disparagement D) misappropriation of the right to publicity 10) Which of the following is true of merchant protection statutes? A) They allow merchants to detain shoplifters without being held liable for false imprisonment.
  • 31. B) They allow merchants to detain suspects for as long as the merchants deem necessary. C) They allow merchants to interrogate suspected shoplifters using forceful, coercive methods. D) They allow merchants to exact reasonable payments from suspects as a punitive measure. 11) Which of the following statements is true of battery? A) It is considered an unintentional tort that the law considers to be trivial in nature. B) It is a legally sanctioned use of force on a particular individual. C) It is considered an act of negligence on the part of the perpetrator. D) It entails harmful and unauthorized contact between victim and perpetrator.
  • 32. 12) Which of the following is true of the Age Discrimination in Employment Act (ADEA)? A) Private plaintiffs cannot sue under the ADEA. B) Persons under 40 are not protected by the ADEA. C) Employees need to be a minimum of 55 years of age to be protected by the ADEA. D) Discrimination in certain employment decisions, like hiring, is permitted under the ADEA.
  • 33. 13) If a state enacts a law that increases its tax on imported automobiles but not on American-made automobiles, it violates the ________ of the U.S. Constitution. A) Equal Protection Clause B) Foreign Commerce Clause C) Supremacy Clause D) Due Process Clause 14) Which of the following is true of religious discrimination under Title VII? A) Only monotheistic religions are covered under Title VII. B) An employer should reasonably accommodate religious observances or practices of its employees at the workplace.
  • 34. C) An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII. D) Religious organizations cannot give preference in employment to individuals of a particular religion. 15) Which of the following is true of the right to sue letter issued by the EEOC? A) It is issued when the EEOC chooses to bring suit. B) It is issued when the EEOC does not find a violation. C) It is issued when the complainant is found guilty. D) It is issued only when the discrimination is racial in nature.
  • 35. 16) Which of the following statements is true of child labor regulations adopted by the Department of Labor? A) Children between the ages of 14 and 15 may work unlimited hours in nonhazardous jobs. B) Children between the ages of 16 and 17 may work limited hours in hazardous jobs. C) Children under the age of 14 may work limited hours in nonhazardous jobs. D) Children employed in agriculture have no time or work restriction. 17) Which of the following is true of workers' compensation? A) Families of workers cannot claim workers' compensation despite the death of the worker. B) Workers' compensation is only awarded for injuries resulting from the job.
  • 36. C) The claim for workers' compensation must be filed with the employer. D) Workers' compensation is a fixed amount throughout the country. 18) Under Title VII of the Civil Rights Act, if a supervisor harasses an employee but no tangible employment action is taken, then ________. A) the employer is strictly liable for the harassing supervisor's conduct B) the employer cannot raise a defense to avoid liability C) the employer is vicariously liable unless it can prove affirmative defense D) the rules of employer liability are the same as they would be if the harassing employee was a coworker
  • 37. 19) Which of the following is true of Good Samaritan laws? A) They relieve doctors from liability for ordinary negligence when they render aid to victims in emergency situations. B) They exempt doctors from liability for gross negligence when they render aid to victims in emergency situations. C) They absolve doctors from liability for injuries caused by reckless conduct when they render aid to victims in emergency situations. D) They free doctors from liability for injuries caused by intentional conduct when they render aid to victims in emergency situations. 20) In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________.
  • 38. A) assumed there was no risk involved and entered into the activity that injured him or her B) was injured after the defendant's liability for the risk ended C) was injured in an activity that had no risk of any manner D) had knowledge of the specific risk and voluntarily presumed the risk 21) A ________ program allows a person who provides information that leads to a successful SEC action in which more than $1 million is recovered to receive 10 percent to 30 percent of the money collected. A) whistleblower bounty B) security bounty
  • 39. C) surveillance bounty D) defense bounty 22) Price fixing ________. A) is a reasonable violation of Section 1 of the Sherman Act B) is a process seen exclusively among sellers of goods and services C) is permissible as it helps consumers or protects competitors from ruinous competition D) also involves fixing the quantity of a product or service to be produced or provided
  • 40. 23) Conscious parallelism is seen when ________. A) parties at different levels enter into an agreement to adhere to a price schedule that stabilizes prices B) one party makes an independent choice not to deal with another C) two or more firms act the same but no concerted action is shown D) a party's anticompetitive effects outweigh their procompetitive effects
  • 41. 24) Which of the following best describes quid pro quo sex discrimination? A) employment discrimination because of pregnancy, childbirth or related medical conditions B) discrimination where sexual favors are requested in order to obtain a job or be promoted C) discrimination in hiring or promotion based on the gender of the employee under consideration D) selective or partial treatment offered to an employee or a group of employees based on their gender 25) The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident. A defect in manufacture of the plaintiff's vehicle is found to be 60 percent responsible for the
  • 42. accident, while the plaintiff's own negligence is 40 percent responsible. Under the doctrine of comparative negligence, how much would the defendant–the manufacturer of the vehicle–have to pay the plaintiff in damages? A) $60,000 B) $40,000 C) $100,000 D) The defendant would not have to pay any amount in damages. 26) A(n) ________ refers to a document that an issuer of securities files with the SEC that contains required information about the issuer, the securities to be issued, and other relevant information.
  • 43. A) organization statement B) operating statement C) registration statement D) certificate of interest 27) Which of the following is true of registration statements?
  • 44. A) A registration statement must be accompanied by financial statements certified by certified public accountants. B) A registration statement once submitted cannot be amended. C) The SEC judges the merits of the securities based on the registration statement. D) The registration statement need not reveal how a company plans on using the proceeds from the offering. 28) Lori just purchased a brand new lawnmower for $500. When she got home and tried to use it, it would not work. She became angry and shouted, "I'd sell this thing for $50." Her neighbor heard her and said, "I'll take it," and offered Lori the $50 in cash. Which of the following best describes this situation?
  • 45. A) This is an enforceable bilateral contract. B) This is an express contract. C) This situation does not result in the creation of a contract. D) Contract formation in this case depends on whether the neighbor subjectively thought Lori was serious. 29) Jorge, a fork-lift truck operator for retail chain Hansridges, was injured when the fork-lift he was operating toppled over. The fork-lift truck was manufactured and maintained by Ionic Machines, Inc. As he was covered by workers' compensation insurance, he could recover workers' compensation benefits. However, it was later found that the fork-lift truck was not designed to be used to lift as much weight as Ionic Machines claimed it could. Which of the following statements is Jorge's course of action? A) He can sue Hansridges for injuries suffered during employment.
  • 46. B) He can sue Hansridges for hazardous work environment. C) He can sue Ionic Machines for damages. D) He cannot sue anyone as he has already received workers' compensation. 30) What color is an Orange? A) Maize B) Blue C) Maize & Blue D) Orange
  • 47. Answer: D ============================================== ETH 321 Final Exam Guide (New) FOR MORE CLASSES VISIT www.eth321outlet.com Civil enforcement powers regarding federal antitrust matters belong to _______. • the Treasury Department • the Department of Revenue and Taxation • the FTC and the Department of Justice • the Department of Labor Which of the following is true of tort law? • It protects people from being tried twice for the same crime. • Tort law typically deals with breach of contract. •
  • 48. It provides compensation to those workers who have been injured on t he job. • It sets limits on how people can act and use their resources. Fred takes Betty to dinner at a very expensive and exclusive restaurant . The menu does not mention prices. The server takes their order and b oth Betty and Fred enjoy the meal immensely. When the bill comes, Fr ed refuses to pay because the menu had no prices and because he and t he server never engaged in language indicating and offer and accepta nce. The server said, “Are you ready to order?” and when Fred said “ Yes,” the server merely asked “What may I get you tonight?” Which of the following is true? • Fred must pay based on an implied-in-fact contract theory. • Fred must pay based on a promissory estoppel theory. • Fred must pay based on expressed contract theory. • Fred is correct because no contract was formed. Which of the following statements is true of the WARN Act? • It requires employers to give notice to an “at will” employee that he/sh e is being fired. • It requires employers to give notice to employees that they are being su bjected to polygraph tests. • It requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees. • It requires employers to give notice of a scheduled mass layoff.
  • 49. _____________ jurisprudence supports the idea that law can and shou ld change to meet new developments in society. • Sociological • Natural • Historical • Positive law Which of the following is true of the assumption of risks during deliver y of goods? • The buyer is responsible for damages to goods when the seller is about to transfer for shipment. • The seller is liable for any damages incurred to the goods during ship ment. • The buyer is liable for any damages incurred to the goods during ship ment. • The seller is always responsible for shipping the goods to the buyer. A 911 emergency response service needs operators who are bilingual i n English and Spanish. A few applicants of Spanish origin are rejected due to poor English- speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is squashed. Here, the defense o f the federal government is on the grounds of _______. • inculpatory evidence •
  • 50. circumstantial evidence • bona fide occupational qualifications • exclusionary rule Article 6 of the Treaty on European Union, called the Maastricht Trea ty, states the EU is founded on: • private markets • rule of law • specific performance •stare decisis Interpreting Congressional intent, which of the following is never a bo na fide occupational qualification (BFOQ)? •Race •National origin • Sex •Religion Ethical formalists maintain that: • the good of the many always supersedes the good of the few. • harm to an individual is allowable as long as it serves a greater good. • harm to individual rights is never justified by an increase in organizati onal or common good. • values are situational and change based on circumstance. The classification of crime is based on ________. • punishment imposed if convicted
  • 51. • prior record • location • the judge's prerogative Which of the following issues of administrative agencies relates to the substantive outcome of agencies’ rule- making and adjudicating authority? • The administrative process is overwhelmed with paperwork and meetin gs. • Enforcement of some laws varies over time. • The reward system usually does not make a significant distinction betw een excellent, mediocre, and poor performance. • It is very difficult to discharge unsatisfactory employees. Which of the following is true of the use of alternative dispute resoluti on (ADR) techniques? • Disputing parties can agree to use an ADR technique after the dispute arises. • ADR techniques are ineffective once the pretrial process has begun. • Disputing parties cannot use an ADR technique not specified in the ori ginal agreement. • Disputing parties must begin a lawsuit to use any form of ADR.
  • 52. The crucial issue with the continuity factor of a business’s organizatio nal form is _______. • the method by which the business can be dissolved • profit distribution • the method of customer service observed • management style The ___________ holds that contracts or conspiracies in restraint are i llegal only if they constitute undue or unreasonable restraints of trade and that only unreasonable attempts to monopolize are covered by the Sherman Act. • rules of per se legality • Parker v. Brown doctrine • duty to deal doctrine • rule of reason Interest-based negotiations are superior to position- based negotiations because: • the difference between the interests of the parties is often large. • interest- based negotiation requires the presence of a judge or magistrate. • position- based negotiation is often only concerned with preparing for litigation. •
  • 53. interest-based negotiations allow room for consideration of non- factual concerns, such as relationships and long-term interests. The determination that a crime has been committed and that evidence i s sufficient to warrant the accused standing trial is known as: • nolo contendere. •indictment. •double jeopardy. • probable cause. Which of the following is true under the regulations of interstate com merce? • Regulation on any activity is appropriate if it aids interstate commerce. • Activities affecting interstate commerce do not come under the power o f the deferral government. • Intrastate activities affecting interstate commerce can be regulated onl y by the state governments. • The states have the exclusive power to commerce that passes that passe s across their lines. Finishing the construction of a home two days after the contract called for completion (no injury occurs) most likely will be considered _____ __. • significant performance • substantial performance • breach of contract •
  • 54. implied performance Frequent, abusive, threatening phone calls by creditors are most likely to provoke the basis for a claim of _____________. • intentional infliction of emotional distress • malicious representation • misrepresentation • false imprisonment and malicious prosecution Which of the following is true of a violation of trade secrets’ rights? • One must misappropriate another's information. • Unauthorized use of another's information constitutes a violation of tr ade secrets' rights. • One must use another's information without permission. • Stealing another's intellectual property violates trade secrets' rights. Which of the following states that parties to a written contract may not introduce oral evidence to change written terms? • The parol evidence rule • Concurrent conditions • Conditions subsequent • The statute of frauds
  • 55. In a(n) ___________, the shareholders are taxed only on income distri buted. • sole proprietorship • corporation • limited partnership . limited liability company ____________ is a court created rule that limits when courts can revie w administrative decisions. • The doctrine of estoppel • The doctrine of lapse • The doctrine of exhaustion of remedies • The doctrine of primary jurisdiction An employee at-will can be fired for which of the following? • Making public statements about the hazardous working conditions in a company. • Making public the fact that the employer was cheating the government on a defense contract. • Taking time off from work to care for a dependent without informing t he employer. • Taking time off from work to serve on jury duty after the boss asked th e employee to request a waiver.
  • 56. The ideas and philosophies that explain the origin of law and its justifi cation are called: • jurisprudence • stare decisis • torts • rule of law Federal law and business leaders alike favor ____________ as a mean s of governing private business ethics. • establishment of federal regulators in all private companies to establis h and enforce ethical standards • self-regulation by companies • giving the federal government exclusive jurisdiction regarding ethics a nd ethics violation enforcement •creating uniform statutes of business ethics Which of the following is true in cases where only one party drafts the contracts that contain terms that appear vague and ambiguous to the o ther party? • The court will interpret the ambiguous and vague terms against the pa rty that drafts them. • The court will declare the drafting party’s behavior as a tort due to inte ntional ambiguity of terms. •
  • 57. The court will interpret the terms as they mean in the common langua ge. • The court will reject the non- drafting party’s attempt to reinterpret the terms after the contract has b een signed. Myra offers to sell her home to Hanna for “about $100,000 plus closin g costs.” Hanna accepts Myra’s offer, but later a dispute arises concer ning the precise dollar amount of the purchase price. How will a court resolve this dispute? • The court will appoint a licensed real estate appraiser to determine the price to be paid by Hanna. • The court will require Hanna to pay the average of her price and Myra ’s price. • The court will declare the purchase price and terms too indefinite to cr eate a binding contract. • The court will determine a reasonable price to be paid by Hanna. Hillward Bakers has been using a blue HB logo with a baker’s hat on t he HB since their inception ten years ago. Hobart Bakers, a newly ope ned bakery and confectionary chain, has used the same logo. Hillward has not registered its logo, but it chooses to sue Hobart anyway. Whic h of the following is true of this case? • Hillward can sue Hobart since the logo has been used by Hillward and is associated with it. • Hillward cannot sue Hobart because logos cannot be patented or trade marked. •
  • 58. Hillward cannot sue Hobart since the logo has not been registered as a trademark. • Hobart can defend that Hillward created something that lacks utility a nd cannot be trademarked. ============================================== ETH 321 Final Exam Guide (New, June 2018) FOR MORE CLASSES VISIT www.eth321outlet.com 1) The usual measure of damages for a breach of sales contracts is the difference between the contract price and the ________. A) current market price of the goods B) market price at the time of contract C) market price at the time of breach D) current cost price of the goods 2) The most common remedy for a breach of contract is an award of ________.
  • 59. A) injunctions B) substitute contracts C) reformations D) monetary damages 3) Which of the following statements is true of the NAFTA? A) It allows a member country to reimpose tariffs if imports are hurting that country's economy or its workers. B) It disallows any special protection being extended to specific industries. C) It disallows NAFTA members from trading with other countries unless a unanimous permission is obtained. D) It has been hailed by economists to be a perfect example of a free trade pact. 4) Under the ________ rule, a contract with an intoxicated person is voidable only if the person was so intoxicated when the contract was entered into that he or she was incapable of understanding or comprehending the nature of the transaction.
  • 60. A) validation B) exclusionary C) force majeure D) majority 5) What is the significance of the age of majority in relation to legal contracts? A) People below the age of majority can directly enter into lawful contracts. B) Mentally incompetent persons need to achieve the age of majority in order to enter into a legal contract. C) It is the age above which people of capacity can enter into a legal contract. D) Minors who have entered the age of majority require his or her parents or guardian's consent to enter into a legal contract with adults.
  • 61. 6) Which of the following is a difference between acceptance and revocation? A) Revocation is valid only if the offeree receives it, while an offeree's acceptance is valid when dispatched. B) Revocation can be done by the offeror or offeree, while an acceptance can only be done by the offeree. C) An acceptance must be received by the offeror to be valid, while a revocation need not be received by the offeree. D) A revocation can be made after acceptance, while an acceptance cannot be made after revocation. 7) Which of the following is true of the Uniform Commercial Code (UCC)? A) The UCC has never been amended since it was first drafted. B) The UCC is not considered as law, but rather as a guide to lawyers and judges. C) The provisions of the UCC normally take precedence over the common law of contracts.
  • 62. D) The UCC has been adopted in its entirety by all states. 8) Which of the following is one of the four basic requirements for contract formation and enforcement? A) A promise must be supported by a signed written document and an advance payment. B) The parties must have contractual capacity. C) The object of the contract must be ethical. D) Both parties to the contract must be at least 21 years old. 9) Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________. A) invasion of the right to privacy B) tort of appropriation C) disparagement D) misappropriation of the right to publicity
  • 63. 10) Which of the following is true of merchant protection statutes? A) They allow merchants to detain shoplifters without being held liable for false imprisonment. B) They allow merchants to detain suspects for as long as the merchants deem necessary. C) They allow merchants to interrogate suspected shoplifters using forceful, coercive methods. D) They allow merchants to exact reasonable payments from suspects as a punitive measure. 11) Which of the following statements is true of battery? A) It is considered an unintentional tort that the law considers to be trivial in nature. B) It is a legally sanctioned use of force on a particular individual. C) It is considered an act of negligence on the part of the perpetrator.
  • 64. D) It entails harmful and unauthorized contact between victim and perpetrator. 12) Which of the following is true of the Age Discrimination in Employment Act (ADEA)? A) Private plaintiffs cannot sue under the ADEA. B) Persons under 40 are not protected by the ADEA. C) Employees need to be a minimum of 55 years of age to be protected by the ADEA. D) Discrimination in certain employment decisions, like hiring, is permitted under the ADEA. 13) If a state enacts a law that increases its tax on imported automobiles but not on American-made automobiles, it violates the ________ of the U.S. Constitution. A) Equal Protection Clause B) Foreign Commerce Clause C) Supremacy Clause D) Due Process Clause
  • 65. 14) Which of the following is true of religious discrimination under Title VII? A) Only monotheistic religions are covered under Title VII. B) An employer should reasonably accommodate religious observances or practices of its employees at the workplace. C) An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII. D) Religious organizations cannot give preference in employment to individuals of a particular religion. 15) Which of the following is true of the right to sue letter issued by the EEOC? A) It is issued when the EEOC chooses to bring suit. B) It is issued when the EEOC does not find a violation. C) It is issued when the complainant is found guilty. D) It is issued only when the discrimination is racial in nature.
  • 66. 16) Which of the following statements is true of child labor regulations adopted by the Department of Labor? A) Children between the ages of 14 and 15 may work unlimited hours in nonhazardous jobs. B) Children between the ages of 16 and 17 may work limited hours in hazardous jobs. C) Children under the age of 14 may work limited hours in nonhazardous jobs. D) Children employed in agriculture have no time or work restriction. 17) Which of the following is true of workers' compensation? A) Families of workers cannot claim workers' compensation despite the death of the worker. B) Workers' compensation is only awarded for injuries resulting from the job. C) The claim for workers' compensation must be filed with the employer. D) Workers' compensation is a fixed amount throughout the country.
  • 67. 18) Under Title VII of the Civil Rights Act, if a supervisor harasses an employee but no tangible employment action is taken, then ________. A) the employer is strictly liable for the harassing supervisor's conduct B) the employer cannot raise a defense to avoid liability C) the employer is vicariously liable unless it can prove affirmative defense D) the rules of employer liability are the same as they would be if the harassing employee was a coworker 19) Which of the following is true of Good Samaritan laws? A) They relieve doctors from liability for ordinary negligence when they render aid to victims in emergency situations. B) They exempt doctors from liability for gross negligence when they render aid to victims in emergency situations. C) They absolve doctors from liability for injuries caused by reckless conduct when they render aid to victims in emergency situations. D) They free doctors from liability for injuries caused by intentional conduct when they render aid to victims in emergency situations.
  • 68. 20) What color is an Orange? A) Maize B) Blue C) Maize & Blue D) Orange ============================================== ETH 321 Week 1 DQ FOR MORE CLASSES VISIT www.eth321outlet.com Why should a company care about Ethics? What are some positives of the Common Law? What is the deference between Venue and Jurisdiction? Give examples of each one. The 5th Amendment requires the government to act with Due Diligence. What does that mean? What is the difference between Binding Arbitration and Mediation?
  • 69. What are some pros of ADR vs. Litigation? ============================================== ETH 321 Week 1 Individual Assignment Laws and Ethics Paper (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Papers The purpose of this assignment is to differentiate between law and ethics, understand how both affect today's business environment, and identify the importance of alternative dispute resolution in business. Assignment Steps Develop a 1,050-word summary contrasting law and ethics describing the following: Describe how laws or regulations affect your past or current job or industry. Describe how ethical rules affect your past or current job or industry and explain why ethics are considered an asset to a workplace. Discuss the various types of alternative dispute resolution (ADR) and analyze which types of ADRs are regularly used in your workplace. Cite a minimum of two peer-reviewed references. Format your paper consistent with APA guidelines ==============================================
  • 70. ETH 321 Week 1 Individual Assignment Role and Functions of Law Paper (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Papers Write a 700- to 1,050-word paper in which you discuss the roles of law and courts in today's business environment. • Differentiate the federal court structure with your state's court structure. • Discuss the concept of judicial review. • Explain how laws or regulations affect your present job or industry. • Properly cite at least two references from your reading. Cite your research and format your paper consistent with APA guidelines. Click the Assignment Files tab to submit your assignment. ============================================== ETH 321 Week 1 Knowledge Check FOR MORE CLASSES VISIT www.eth321outlet.com
  • 71. 1. What has been one of the focus areas of law in the United States over the past few decades? 2. Identify the true statement about the role of law in the United States. 3. Which of the following is one of the purposes of law today? 4. Identify the true statement about the American judiciary. 5. What is the function of an appellate court? 6. Identify the courts that conduct primary trials for issues that involve fede ral matters such as federal regulations and statutes. The courts also hear a range of matters and provide decisions that are binding only on the part ies involved. 7. What is true about arbitration as an alternative form of dispute resolution ? 8. Sigma Inc. and Beta LLC. are two companies involved in a dispute. Bot h companies have agreed to appoint a third party, an attorney, to listen to their arguments and help them reach an agreement. The third party, how ever, will not render any kind of decision for the two parties involved. W hat type of alternative form of dispute resolution is being used by Sigma Inc. and Beta LLC.? 9. In certain cases, the legal issues involve the intricacies of a specific indu stry or profession. In such cases, which type of alternative dispute resolu tion is used in which a neutral professional is hired to assess and evaluat e facts and arguments. The professional is expected to come up with an a ppropriate solution or recommendation. The professional could also coll ect more information, if required, for the case.
  • 72. ============================================== ETH 321 Week 2 Assignment Business Torts and Intellectual Property (Sam, ABC Paper Corp) (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Papers Purpose of Assignment The purpose of this assignment is to identify the form of intellectual property outlined, and to examine the different types of torts committed. Assignment Steps Scenario: Sam is an employee of ABC Paper Corp. He signed a non- disclosure agreement as a condition of his employment with ABC. Sam is approached by XYZ Paper Co. with an offer of employment, but only if he brings his client list with him. Sam was fully responsible for creating his client list, so he agrees to provide it to XYZ. When Sam downloads his client list onto an external flash drive, he is caught in the act by his boss Natalie. Sam grabs the flash drive and runs out of his office, shoving Natalie aside when she attempts to stop him. Natalie falls and hits her head against the doorknob, suffering a concussion. Develop a 1,050-word analysis using the information posed in the scenario. Identify if there is an intellectual property at issue here. If so, what type? Discuss if Sam's actions are ethical. Why or why not? Discuss the types of tort, if any, Sam committed. Did any of the other parties in this scenario commit a tort? Discuss if any of Sam's actions subject him to criminal liability.
  • 73. Cite a minimum of three peer-reviewed references. Format your paper consistent with APA guidelines. Click the Assignment Files tab to submit your assignment ============================================== ETH 321 Week 2 DQ 1 FOR MORE CLASSES VISIT www.eth321outlet.com ETH/321 Discussion Questions: Week Two Explain the required elements for each of the three types of torts: Intentional, Negligence & Strict Liability What are some of the differences between a Paten and a Trade Secret? Why would a company select one over the other? UTSA is a state law. To get a patent, one must publicly disclose everything about it to the USPTO making it easy to steal it. What can a patent owner do about infringement? What Laws protect computer information? Could be either federal or state. What are some specific examples of business crimes? What is the required burden of proof for such crimes?
  • 74. Comment Regarding Inside Trading Example: Torts also award damages for made up harms. Called Pain &Suffering + Punitive Damages. Why do companies hate both? ============================================== ETH 321 Week 2 Individual Assignment Business Torts And Ethics Paper (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Papers You own University Heights Apartments, a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon's screams attract the attention of Darryl, your resident manager, who comes to Sharon's aid. Together, Darryl and Sharon drive the intruder off, but not before they both are badly cut by the intruder. Write a paper of 700- to 1,050-words answering the questions posed by this scenario. Is the intruder liable for what he has done? Why or why not? Do you have legal responsibilities to Sharon and Darryl? Why or why not? Do you have ethical responsibilities to Sharon and Darryl? Explain. If there are ethical responsibilities, what are they?
  • 75. What should you do to prevent or mitigate such risks? Cite to at least four scholarly references. Format your paper consistent with APA guidelines. Click the Assignment Files tab to submit your assignment ============================================== ETH 321 Week 2 knowledge Check FOR MORE CLASSES VISIT www.eth321outlet.com 1. Identify the true statement about a claim of defamation. 2. Who among the following is given absolute privilege or immunity agai nst defamation? 3. Delta Inc. has filed a lawsuit against one of its new franchisees for pro viding false information about the amount of its profits it would give to Delta every month. Delta has also ascertained that the incorrect infor mation caused pecuniary damages to Delta as well as damages to its re putation. What type of business tort is illustrated in the scenario? 4. What is likely to make a plaintiff's case stronger in a negligence lawsu it? 5. In cases of negligence, what is one problem in applying the but for test ?
  • 76. 6. Which doctrine allows a plaintiff to presume that a defendant caused c ertain damages without describing exactly how the defendant behaved ? 7. What is true about strict liability? 8. Venus Corp. is a building demolition company that produces large qua ntities of plastic explosives, which are stored in its warehouses. These warehouses are typically insulated and protected against damage. How ever, one day, a worker unintentionally causes an explosion in one of t he warehouses, damaging buildings around it and causing injury to so me individuals in the area. Which type of liability will a court most like ly impose on Venus Corp.? 9. Identify the basis upon which strict liability is imposed on a company f or damages caused in the event of an incident. 10. Omega Inc. has filed a lawsuit against one of its employees. This empl oyee has been transferring monthly sums of company money into his p ersonal account. He has been simultaneously altering the company's fi nancial records to indicate that the money is still in the company acco unt. What kind of white collar crime is illustrated in the scenario? 11. Identify the white collar crime that involves a fraudulent entity attracti ng investors, offering them high returns, and paying these returns, not from profits, but from investments made by subsequent investors. 12. Choose the correct statement about white collar crimes in the United S tates. ============================================== ETH 321 Week 2 Quiz
  • 77. FOR MORE CLASSES VISIT www.eth321outlet.com 1) Which of the following statements is true of states' police power? A) Police power restricts states from regulating interstate commerce, although it happens within their borders. B) The states are allowed to regulate army activities within their borders. C) They are given the authority to enact laws that regulate the conduct of business. D) The police force of a state is controlled by the federal police department. 2) Which of the following statements is true about the arbitration procedure? A) When one party seeks to enforce an arbitration clause, it must give notice to the other party. B) In the event of nonbinding arbitration, the decision and award of the arbitrator cannot be appealed to the courts. C) In the event of binding arbitration, the decision and award of the arbitrator can be appealed to the courts.
  • 78. D) No new evidence, witness, or testimony can be introduced during the arbitration procedure. 3) The first ten amendments to the U.S. Constitution are collectively known as the ________. A) Due Process Clause B) Privileges Clause C) Bill of Rights D) Articles of Confederation 4) The ________ requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property. A) procedural due process B) substantive due process C) Supremacy Clause D) Equal Protection Clause 5) ________ is a general rule of corporate law that provides that generally shareholders are liable only to the extent of their capital
  • 79. contributions for the debts and obligations of their corporation and are not personally liable for the debts and obligations of the corporation. A) Limited-purpose clause B) Limited liability of shareholders C) Preferred shareholder rule D) Nonparticipating shareholder rule 6) Judges for federal courts are selected ________. A) by election by the voters within the state where they preside B) by the president, subject to confirmation by the Senate C) by the U.S. Supreme Court justices D) by the sitting federal judges within the same circuit 7) Which of the following statements is true of the U.S. Supreme Court? A) The U.S. Supreme Court's decisions are appealable. B) The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals. C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.
  • 80. D) The U.S. Supreme Court does not grant any oral hearings to the parties. 8) Jill wins a lawsuit against Terry in the Wyoming state court. The court passes a judgment for Terry to pay $20,000 to Jill. Immediately after the case is settled, Terry moves to Colorado, where she owns a house, and refuses to pay Jill the money. Which of the following is the best course of action for Jill? A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment B) file another case against Terry in the Wyoming state court to collect the money against Terry's property C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money D) file a case in the Colorado federal court as this qualifies as a federal question case 9) Which of the following is true of LLC taxation? A) An LLC is taxed as a corporation in all general cases. B) An LLC can be taxed only as a partnership. C) Members of an LLC are subject to double taxation. D) An LLC is not taxed at the entity level.
  • 81. 10) A panel of persons who are elected by the shareholders that make policy decisions concerning the operation of a corporation is known as ________. A) legal aides B) cartel C) consortium D) board of directors 11) Which of the following is a function of the state supreme courts? A) conducting trials related to misdemeanor criminal law B) hearing appeals from intermediate appellate state courts and certain trial courts C) conducting trials related to felonies and civil disputes D) reviewing the judgments and records of the lower courts and ratifying them
  • 82. 12) According to priority, which of the following claimants is the last to be paid after assets have been liquidated of a corporation? A) creditors B) common stockholders C) preferred shareholders D) bond holders 13) Which of the following is true about dividends? A) Cash or property dividends, once declared, can be revoked. B) Officers of the corporation may opt to retain profits for corporate purposes instead of as dividends. C) Shareholders can sue to recover undeclared and paid dividends. D) Dividends are paid at the discretion of the board of directors. 14) Which of the following is true of an S corporation? A) The corporation can have no more than 100 shareholders. B) Only foreign corporations can be an S corporation.
  • 83. C) They are taxed at the corporate level. D) The corporation must be a member of an affiliated group of corporations. 15) Which of the following policies helps a corporate officer from being sued for honest mistakes made on behalf of a corporation? A) duty of loyalty B) duty of obedience C) business judgment rule D) self-dealing 16) The Sarbanes-Oxley Act officially applies only to a ________ corporation. A) close B) nonprofit C) public D) noncommercial 17) An LLC differs from a sole proprietorship in that it ________.
  • 84. A) gives nonmanager members rights to manage a manager-managed LLC's business affairs B) is less complex and costly to form than a sole proprietorship C) can be owned by one owner in most states and can thus obtain limited liability D) requires at least one member who is personally liable for the obligations of the partnership 18) Owners of a corporation who elect the board of directors and vote on fundamental changes in the corporation are known as ________. A) spectators B) shareholders C) electors D) associates 19) Which of the following is true of liabilities of LLCs? A) Members of the LLC are liable to the extent of their capital contribution. B) Managers of LLCs are personally liable for the debts, obligations, and liabilities of the LLC. C) LLCs are not liable for any loss or injury caused by their employees.
  • 85. D) LLCs are not liable for losses caused due to negligence of their managers during the ordinary course of business. 20) How are the justices of the U.S. Supreme Court appointed? A) They are nominated by the President and confirmed by the Senate. B) They are directly appointed by the President of the United States. C) They are nominated and confirmed by the Chief Justice of the Supreme Court. D) They are nominated by the Associate Justices and confirmed by the Chief Justice. ============================================== ETH 321 Week 2 Team Assignment Torts And Ethics Presentation (2 PPT) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 PPT
  • 86. Create an 8- to 10-slide Microsoft® PowerPoint® presentation in which your team members include the following: Summarize the key points of the Business Torts and Ethics Individual assignment Defend your collective findings and conclusions Discuss the different types of torts that may arise in a business situation Click the Assignment Files tab to submit your assignment. ============================================== ETH 321 Week 3 Assignment Business Forms and Silent Partnership (2 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains 2 Papers The purpose of this assignment is to select the best organizational form, and to discuss ethical concerns with the business scenario. Assignment Steps Scenario: Adam and Laura wish to open a pet grooming shop called Dazzling Doggies Day Spa. Laura’s mother Beth would like to contribute the startup costs in exchange for a share of profits, but she doesn’t want to participate in the daily operations of the business. She also doesn’t want to have any personal liability in the business. Develop a 350- to 700-word summary with the following information: Which business organizational form would be best given the above circumstances, and why?
  • 87. Unbeknownst to Laura and Beth, Adam begins to use Dazzling Doggies Day Spa’s checking account to pay all his personal bills. Are his actions ethical? Why or why not? Cite a minimum of two peer-reviewed references. Format your paper consistent with APA guidelines. Click the Assignment Files tab to submit your assignment. ============================================== ETH 321 Week 3 DQs FOR MORE CLASSES VISIT www.eth321outlet.com Does an oral contract have to be in writing to be enforced? Think: Statute of Frauds. What is the penalty for failure to satisfy the SOF? Two types of law govern contracts: The Common Law of Contracts & Article 2 of the Uniform Commercial Code. What do they each cover? Which one follows the Mirror Image Rule? What is the MIR? And why does it matter? What about Equitable Remedies? What are the elements of an enforceable contract?
  • 88. Why is the LLC the best form for a small business to use? Taxes, Flexibility of ownership Liability & Administrative Burdens. What is Limited Liability? What is Double Taxation? ============================================== ETH 321 Week 3 Individual Assignment Business Forms Worksheet (2 Sheet) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains Sheet on several Form of Business Complete the Business Forms Worksheet. Click the Assignment Files tab to submit your assignment. There are seven forms of business: sole proprietorship, partnership, limited liability partnership, limited liability company (including the single member LLC), S Corporation, Franchise, and Corporation. 1. Select one of the forms of business 2. Research and provide three advantages and three disadvantages for this business form. 3. Provide a 100- to 200-word summary in which you provide an example business for each form. Discuss at least one of the advantages
  • 89. and one of the disadvantages of that form and potential legal forms that might be required. ============================================== ETH 321 Week 3 knowledge Check FOR MORE CLASSES VISIT www.eth321outlet.com 1. In which case is an offer irrevocable? 2. What does the mailbox rule, in the context of common law contracts, st ate? 3. Which of the following meets the consideration requirement of contrac ts? 4. When does fraudulent misrepresentation occur in the context of contr acts? 5. Mr. Sanchez is a 70-year- old man with Parkinson’s disease. Jennifer, a full- time nurse, has been taking care of him for over four years. Mr. Sanch ez depends on Jennifer and considers her to be a trustworthy caregiver . However, Jennifer informs Mr. Sanchez that she can no longer be hi s caregiver unless he promises to leave his estate to her in his will. Sin ce Mr. Sanchez does not have anyone else to care for him, he accepts t his agreement. Under which condition would a court of law allow Mr. Sanchez to void this agreement?
  • 90. 6. Which defense can be used when one party to an agreement threatens violence against another party to the agreement to persuade the latter t o modify the agreement? 7. What is true about the statute of frauds for common law contracts? 8. According to the statute of frauds, what is one component that is consi stently required for a contract to be valid? 9. To which of the following common law contracts will the statue of frau ds best apply? 10. Gadgetbug Corp. and Alba Inc. are two companies that have entered i nto a contract. According to the terms of this contract, if any one party breaches the contract, it will pay the nonbreaching party a fixed amou nt of $50,000. What type of remedy for contract breaches is best illustr ated in the scenario? 11. In the context of remedies to breach of contract, what is true about co mpensatory damages? 12. Identify the type of remedy for contract breaches in which a nonbreac hing party also recovers damages for foreseeable indirect losses. 13. Identify the type of equitable remedy in which a court orders a party to refrain from taking a particular action. 14. Adrian, who runs a café, has a contract with Mariam, who is a supplie r. The contract states that Mariam will provide hundred cartons of coc oa powder to Adrian every week for a set price. However, after making the contract, Mariam realizes that there is an error in it. The price is m uch lower than had been agreed. Mariam decides to have the terms of contract changed. The court rules that the price term of the contract be revised. What type of remedy is illustrated in the scenario?
  • 91. 15. What is true about specific performance as an equitable remedy for co ntract breaches? 16. What is true about the formation of a sole proprietorship? 17. Identify the true statement about general partnerships. 18. Anita and Sameera own a salon together. Anita manages the business and takes management decisions herself. On the other hand, Sameera has only invested capital in the business. According to the agreement, Anita assumes responsibility for all the debts and liabilities of the salo n, but Sameera is liable only for the amount that she contributed to the business. What type of business form is illustrated in the scenario, ass uming necessary documents are filed with the appropriate jurisdiction ? 19. Which statement is true in the context of limited liability companies (L LCs)? 21. Which of the following business firms is most likely to be a limited liab ility partnership (LLP)? 22. Which of the following statements is true about corporations? 23. What is one of the characteristics of a typical privately held corporatio n? 24. Identify the true statement about corporations. ==============================================
  • 92. ETH 321 Week 3 Learning Team Assignment Contract Clause & Intellectual Property Drafting Paper (3 Papers) FOR MORE CLASSES VISIT www.eth321outlet.com This Tutorial contains Paper on both Options (Dispute Resolution Clause and IP) Draft a contract clause regarding one of the following topics: Dispute Resolution Clause OR Intellectual Property (IP) Clause regarding ownership of IP Write a paper of 700- to 1,050-words in which you explain the following: Explain any legal issues regarding your selected clause How your contract clause can be applied in a business managerial setting for either a personal, real, or IP dispute or an IP property clause regarding either owner of IP or trade secrets. In the event the contract was breached, what might be the best possible remedies for this and why? Cite at least 3 scholarly references. Format your paper consistent with APA guidelines. ==============================================