CLICK HERE TODOWNLOADGM520 Midterm Exam 2 Sets1. TCO B. Infuriated when Harry Reid is re-elected during the 2010 fallelection, the Republican National Committee decides to take mattersinto its own hands. In 2011, the House of Representatives passes a new"Freedom isnt Free Act" that requires that anyone who wants to vote inthe 2012 presidential election must prove that they paid at least $200 infederal income tax in the past year, including people aged 18 (whotypically are deducted on their parents returns and do not pay incometax). Anyone who received the "earned income credit" is barred fromvoting unless they return the payment from the government. Proof ofpayment of the tax can be made by showing a copy of the prior yearsW2, a copy of the prior years tax return, or a signed statement from theIRS stating that the payment of more than $200 in federal income taxhas been made. Citizens who do not pay taxes can still vote if theydonate $200.00 to the federal government as voluntary income tax andget a statement from the IRS that they have done so. The law sunsetson December 31, 2012. List two bases under which someone impactedby this law could argue to have the law overturned. (Points : 15)2. TCO F. In Midler v. Ford Motor Co., Bette Midler sued Ford forunauthorized appropriation. Explain what appropriation is. Tell me whattype of civil claim appropriation is and what a person has to prove towin damages for it. (short answer only) (Points : 15)3. (TCO C) One summer, David Baxter and his wife, Melissa, were ontheir new boat with another couple, tubing on the Mississippi river.David and the other couple had been drinking all day, "about sevenor eight beers each and some Crown Royal," although Melissa wasntdrinking due to being pregnant. As he prepared to jump into the water totube, Davids feet slipped out from under him, and he fell into the water,hitting the back of his head and neck on the ladder, knocking him outcold. He slipped under the water and drowned. The other members of
the party didnt notice his absence until a passing barge pilot got theirattention. He had seen the entire thing through his binoculars; he hadbeen watching Melissa and her friend Angela (who were in bathingsuits). Despite an immediate search and rescue attempt by the coastguard, David was not saved. Melissa alleged that the surface of the boatfloor where David was standing and preparing to jump into the waterwas unreasonably slippery. In fact, at issue in the case was themanufacturing process used in coating the flooring. Melissa (and herattorney) felt that a nonslip surface should have been placed on the floorof the boat. The safety manual that came with the boat included theseclauses: "CAUTION: Wet surfaces can be slippery. Passengersshould wear adequate deck shoes while boarding and underway to avoidaccidental slipping and injury." "CAUTION: Deck areas and swimplatform are slippery when wet. Passengers must be careful whenpassing through companionway to prevent accidental slipping ortripping. Passengers should wear adequate deck shoes at all times toprevent accidental slipping. Passengers must stay off swim platformwhile underway to prevent falling overboard." No warnings existed,however, in view of the passengers on the boat. (25 points) Whatpotential legal theories of recovery can and should Melissa allegeagainst the following parties (provide support for youranswer)? I. The boat manufacturer II. The boat seller III. Thecoast guard (15 points) What legal theories of defense can and shouldeach of the above three parties use? Provide support for your answer.(Points : 40)4. TCO D: (This is a fictional scenario.) Billy Joel decided he wanted tolearn to play the violin for his next set of concerts. He called a violinsalesman in New York and asked if he had any for sale. The salesmanstated he had a Stradivarius and a Guarnerius (two famous brands ofviolins) and offered to sell them to Billy for $80,000 and $24,000,respectively. Billy agreed, over the phone, to purchase the violins fromthe salesman and told him he would be in town the next week to pickthem up.Billy didnt show up for two months, and when he entered the store, thesalesman wasnt there. His wife, Margaret, was there in thestore, however, and she had full knowledge of the deal cut between herhusband and Billy. (Shed heard her husband whining, complaining, and
wailing about Billy not showing up for the last 2 months – and she wasreally sick of hearing about it.)Billy asked to see the violins, and Margaret showed him both of them.Billy stated he would agree to pay $65,000 for both of them, andMargaret, knowing that they were counterfeits and only worth $2,000AND realizing that their house was about to go into foreclosure, agreedto the reduction in price and sold Billy the two violins for $65,000. Shegave him a bill of sale that she wrote out on a note pad on the counter,which said, "Paid in full. Strativarus and Granruius violans. $65,000.Chk # 4301 Billy Joel. Salesperson: Margaret Madoff." The notepad wasone she had brought home from their last vacation to Las Vegas and wasfrom The Flamingo hotel there. Billy took home the violins andproceeded to learn to play, albeit very poorly.Meanwhile, the salesman discovers that Margaret sold the violins forless than he had bargained for. He sues Billy Joel for the $39,000difference, stating that Margaret was not an employee of the store andhad no authority to change the deal he and Billy had made.During the pendency of the suit, and after his next concert, thenewspapers stated, "Billy Joel should give up playing the violin! Hestinks!" Billy takes his violins to a music store to sell them and discoversthey are only worth $2,000 and that they are not Stradivarius andGuarnerius violins but are instead counterfeits.He wants to countersue the salesman and asks you on what basis can hedo so. Using contract, agency, and any other legal concepts you havelearned this session, on what bases can Billy sue the salesman and hiswife? What defenses will they have? Do you think Billy can recover?Further, will Margarets husband (his name is Bernard) be able to collectagainst Billy for the difference in price from the original deal? Explainyour answer fully as to the whys, wherefores, and why nots for bothparties. Use bullet points and "issue spotting" to assist you in youranswer.(Points : 40)5. TCO I. Marianne Jennings wrote an article, "Why an InternationalCode of Ethics would be good," which was assigned to be read at the
beginning of the course. As you have worked throughout this session,you should have considered this article and how it may or may not haveimpacted different situations in the worldeconomic/business/legal/political environments. The essay you willwrite on the next question should show that you have read Mariannesarticle and can apply her theories and thoughts from that article to thescenario provided. Feel free to rely on the information you know aboutthe situations (if real) or analogize to another one, if you wish. Includein your answer at least two specific concepts from Mariannes article,and apply those concepts to your reasoning in your answer. You will begraded on your knowledge of the article as well as the application ofethical theories to international situations.In 2009–10, Toyota experienced a troubling "gas pedal" sticking issue,which impacted its global reputation and income and caused it to staggerin its, until then, position as one of the top, world-wide, respected, andbest-selling car companies on the globe. Over the first few months of thecrisis, Toyota waffled on its message to its customers, both denying andthen accepting responsibility for the issue. Research into the situationshows that the problem had been brought to its attention for a long timeand either ignored, disbelieved, or grudgingly accepted, depending onthe time and place of the issue.For this question, think about the facts of the Toyota recall and itsimpact on Toyota car owners worldwide, including the value (or lossthereof) of customers trade-ins, car dealers business valuation losses,loss in used car sales to used car dealers and owners, and also the loss oflives and injuries to those who were grossly impacted by the gas pedalissue. Also, think about the cost to stockholders and the otherstakeholders involved. Now think about Marianne Jenningsinternational code of ethics article. Would an international code of ethicshave impacted how this entire Toyota travesty played out in the realworld? What if the "world of business" had agreed to one? WouldToyota have been somehow required to behave differently, which wouldhave protected so many stakeholders from losses and people frominjury? Or, would nothing really have changed? Feel free to argue bothsides of this, and include in your answer, please, at least two or threethings you would have included (or Marianne Jennings recommended toinclude) in an international code of ethics and how that would (or
wouldnt) really have impacted the Toyota crisis. Evaluate, analyze, andsynthesize your answer using everything you have learned this sessionabout ethics, law, politics, and business.(Points : 40)6. TCO A. Use the fact pattern you received in the above MarianneJennings "International Code of Ethics" question to answer thisquestion. Analyze and propose a solution to the problem you receivedabove using the Laura Nash method. Show the steps, apply the facts, andprovide a proposed solution you would suggest. (Points : 40)1. TCO C) Bud Johnson owns a General Motors dealership in Pierre,South Dakota. At the request and expense of General Motors, Budtraveled to Phoenix, Arizona, for purposes of the demonstration of a newvehicle called the Roughrider, designed to compete against the currentoffering of SUVs. Bud went to the proving grounds in the desert aroundPhoenix and spent a day watching the vehicle demonstrations. Bud andother dealers drove the vehicles, and much dust resulted from theirdriving. A few weeks later, Bud became ill with flu-like symptoms. Hewas finally diagnosed as having coccidioidomycosis or "valley fever."Valley fever is a disease well known to Arizona residents, and mosthave had it if they have lived there over 10 years. Newcomers areparticularly vulnerable to the disease because the exposure to dust seemsto build up immunity among the residents. Bud became quite illand brought suit against the car manufacturer that invited him for itsfailure to warn him about the valley fever phenomenon before he cameout to the testing grounds. Answer the following questions, and usecases and theories from the text to support your arguments: Wasthere negligence in the failure of General Motors to warn Bud? (15points) Discuss all defenses General Motors may have. (15points) Does strict liability in torts apply to this situation? Why orwhy not? (10 points) (Points : 40)2. TCO I. Marianne Jennings wrote an article, "Why an InternationalCode of Ethics would be good," which was assigned to be read at thebeginning of the course. As you have worked throughout this session,you should have considered this article and how it may or may not have
impacted different situations in the worldeconomic/business/legal/political environments. The essay you willwrite on the next question should show that you have read Mariannesarticle and can apply her theories and thoughts from that article to thescenario provided. Feel free to rely on the information you know aboutthe situations (if real) or analogize to one that is real, if you wish.Include in your answer at least two specific concepts from Mariannesarticle, and apply those concepts to your reasoning in your answer. Youwill be graded on your knowledge of the article as well as theapplication of ethical theories to international situations.Arguably, the United States and other countries have been experiencingone of the longest and hardest hitting economic crises since the GreatDepression over the last few years. This economic downturn is a resultof multiple things, but the housing bubble burst was one majorevent that continues to ripple throughout the bank/lending world. As aresult of the downturn in housing sales, foreclosures, bank lendingovervaluations, and bank failures, lending practice changes and bankbailouts have become the norm.The U.S. financial crisis has not gone unnoticed in the internationalworld. The impact has been worldwide. The value of securities tied toreal estate fell, which damaged financial institutions globally. New rulesregarding appraisers, appraisals, and bank oversight have gone intoplace, but not in time to save many investors and foreign banks fromhuge losses.Many people think that this crisis could have been avoided if betterregulations had been in place. Some feel that the U.S. bank/lending andborrowing ethical standards may have been partially responsible for thisdownturn.Argue for or against an ethical basis for the housing bubble collapse.Use Marianne Jennings article as a basis for a solution to avoiding afuture collapse such as this. Can you think of a way that an internationalcode of ethics would have helped avoid this crisis or could keep anotherone from occurring in the future? What challenges would there be inimplementing ethical codes that may prevent such a situation in thefuture? Be sure to include specific ideas from Mariannes article along
with your own thoughts, analysis, and evaluation of this essay question.(Points : 40)3. TCO B. The "public comment" period closes on an OSHA proposedregulation, and your business had filed a public comment against theproposed regulation explaining that the regulation would not fix theproblem that OSHA was trying to remedy, that the regulation would costmore than the problem itself, and that the regulation was a tax, not asafety change. List two arguments available to your company that maysucceed in overturning the regulation. (Points : 15)4. TCO A. Use the fact pattern you received in the above MarianneJennings "International Code of Ethics" question to answer thisquestion. Analyze and propose a solution to the problem you receivedabove using the Blanchard and Peale method. Show the steps, apply thefacts, and provide a proposed solution you would suggest. (Points : 40)5. TCO F. When Vanna White sued Samsung for appropriation andunder the Lanham Act, she won her case under the California commonlaw right of publicity claim and under the Lanham Act. List the eightSleekcraft factors that are required to prove a Lanham Actcomplaint. (Points : 15)6. (TCO C)Will E. Chancit, a 36-year-old attorney, was killed when hisFord Fairlane collided with some metal fence on the Harbor Freeway inLos Angeles. He was traveling at a speed between 50 and 70 mph. Whathappened was this: A city of Los Angeles construction crew had placeda "left lane closed ahead" sign with a "60 mph" speed limit sign under it.(The usual speed limit in that area was 70 mph.) However, the actualclosed lane was the right lane. Speculation is that Will noticed at the lastminute that he was in the wrong lane and over corrected, and thats howhe slid off the road and hit the fence. After the collision, the car spunand the drivers door flew open. Chancit was ejected from the car andsustained fatal head injuries. Had the door stayed closed, his injurieswould have been relatively minor. Chancit was not wearing his seat belt,and his wife claims he had been up all night the night before aftergetting food poisoning at the local Chi-Chis. I. Discuss thenegligence or other theory for recovery in the suit Chancit’s widow hasbrought against Ford Motor Company, the makers of the Ford Fairlane.
(15 points) II. Discuss all defenses Ford Motor Company mighthave. (10 points) III. Discuss any liability the City of Los Angelesmay have. (10 points) IV. Discuss any liability Chi-Chis mayhave. (5 points) (Points : 40)