Intellectual Property In no less than 200 words, answer Questi.docx
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Intellectual Property In no less than 200 words, answer Question #4 of the Chapter Questions at the end of Chapter 9 of your text. Be sure to incorporate any relevant legal concepts and case law that may apply to this case. Make a substantive response to at least two of your classmates’ postings. Question #4 reads: The Whopper Co. is a manufacturer of gumballs. The technology and know-how to do this are well known in the scientific and engineering community in Whopper’s home country, where gumballs have been popular with consumers for decades. Whopper decided recently to expand into Country X and to introduce gumballs to a market that has never seen them before. Before doing so, Whopper filed for a patent in Country X. The local patent office examined the application as to form (it was fine), searched the local records to determine if the technology was known locally (it was not), and then published notice of the application in the Patent Gazette for public comment. There was no public comment, and the patent was issued. Now Bubble Co., a local Country X business, has begun manufacturing and selling gumballs in Country X that are identical to those being manufactured and sold by Whopper. Whopper brings suit for patent infringement. Bubble countersues to have Whopper’s patent revoked. Who will win? Explain. Sales Contracts Provide a well written answer of not less than 200 words to the following. Weaver Mills Co. in Country F contracted to purchase 100,000 yards of jute from Natural Fiber Co. in Country G at US$ 0.64 per yard. Natural delivered 22,228 yards to Weaver at Weaver’s plant, but it then informed Weaver that it would deliver no more. Several other of Weaver’s suppliers also defaulted, so Weaver was forced to purchase a total of 164,503 yards of jute in the market a month later at a price of US$ 1.21 per yard. Weaver then sued Natural for the difference between the market price it had paid and contract price on the 77,772 yards of jute that Natural had not delivered. Both Countries F and G are signatories of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the parties’ contract designated the CISG as the governing law. Must Natural pay the amount Weaver demands? Explain your answer using principles of contract law and case law from your text. Make a substantive response to at least two of your classmates’ postings. 3. International Sales In no less than 200 words, provide an answer to the following. Alberta Alpha makes out a promissory note payable to Bob Bravura. Bob endorses the note “without recourse, Bob Bravura,” and transfers it for value to Cathy Charles. Cathy, in need of cash, negotiates the note to Dan Delta by endorsing it “pay to Dan Delta, Cathy Charles.” On the due date, Dan presents the note to Alberta, only to find out that Alberta has filed for bankruptcy and that she will have all of her debts (including the note) discharged. Can Dan hold Alberta, B.
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Federal Circuit Review | February 2013
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Licensing to Foreign Manufacturers Satisfies Domestic Industry
Appeal Found to Be Moot in Light of “Side Bet”
Mere Design Choice Leads to Obviousness Finding
Design Patent Infringement Complaint Survives Dismissal
Bus 430 complete class( international business law)
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Secret sales- Now a Bar to Obtaining a US Patent.
For about 8 years, there has been a belief that it was safe for a company to sell an item or offer to sell an item without first filing a patent application as long as the sale or offer for sale was under a non-disclosure agreement so the sale would be secret and not public. This month, the United States Supreme Court in a unanimous decision said NO in Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc.,
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Federal Circuit Review | February 2013
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Licensing to Foreign Manufacturers Satisfies Domestic Industry
Appeal Found to Be Moot in Light of “Side Bet”
Mere Design Choice Leads to Obviousness Finding
Design Patent Infringement Complaint Survives Dismissal
Bus 430 complete class( international business law)
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In 1736, a famous Swiss mathematician Leonhard Euler (1707 – 1783).docx
In 1736, a famous Swiss mathematician Leonhard Euler (1707 – 1783) started the work in the area of Graph Theory through his successful attempt in solving the problem of “Seven Bridges of Konigsberg.” Graph Theory solved many problems in multiple fields (Chinese Postman Problem, DNA fragment assembly, and aircraft scheduling.) In Chemistry, Graph Theory is used in the study of molecules, construction of bonds in chemistry, and the study of atoms. In Biology, Graph Theory is used in the study of breeding patterns or tracking the spread of disease.
Write a three to five (3-5) page paper in which you:
1. Choose two (2) applications for graph theory within your area of specialization (Networking, Security, Databases, Data Mining, Programming, etc.).
2. Examine how these applications are being used in your specialization.
3. Determine how graph theory has advanced the knowledge in your area of specialization.
4. Conclude how you will apply graph theory in your area of specialization.
5. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not quality as academic resources.
Your assignment must follow these formatting requirements:
· Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. In-text citations must be used appropriately and have a corresponding reference entry. Each reference must have at least one in-text citation. Check with your professor for any additional instructions.
· Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
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[INSERT TITLE HERE] 2
PART I
Directions: Please review the questions below and write a 3-4 page essay analyzing each legal issue presented in this week’s modules readings. Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 2,000 words. Please visit the Academic Resource Center for help with APA format.
If applicable, include arguments from each side. If a criminal case exists, you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue as a plaintiff and defense lawyer. Be sure that your answers respond to the questions. Do not restate the problem in your answer. Mention the facts where relevant to your analysis. If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments. If your answer depends upon essential in.
ReferencesKahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key.docx
References
Kahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key Developments in Trade Secrets Litigation. Business Torts Journal, 22(2), 7-12.
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Key Developments in Trade Secrets Litigation
ARTICLES
Keywords: litigation; business torts; trade secrets; damages; patents; Defend Trade Secrets Act; Trade Secrets Protection Act
Trade secrets continue to increase in importance as companies and the U.S. government are focusing attention on their value and protection. This past year has brought a number of significant developments in trade secrets law. In this article, we highlight five of them: (1) the need to protect trade secrets during litigation, and the potential consequences of not doing so (i.e., the DuPont reversal); (2) the growing importance of specifically identifying trade secrets early in litigation; (3) the narrowing of patentable subject matter for software and the alternative of trade secret protection; (4) increasing support for passage of a federal civil trade secrets law; and (5) the continuing trend toward large damages awards and settlements in trade secrets cases.
The Reversal of a Massive Verdict on the Basis of Disclosure in Prior Litigation
When discussing reasonable efforts to protect trade secrets, the discussion typically focuses on the efforts taken by the company during its normal course of business. Equally important, however, are the reasonable efforts taken to protect trade secrets during litigation. Unsealed filings and public presentations in the course of past litigation can lead to a finding that the "trade secret" in question is no longer secret in future litigation, costing clients massive judgments. Such was the case in E.I. DuPont De Nemours & Co. v. Kolon Industries, Inc., 564 F. App'x 710, 714 (4th Cir. 2014).
In DuPont, the Fourth Circuit reversed a nearly $1 billion jury verdict on the basis of the lower court's evidentiary ruling. DuPont sued Kolon under the Virginia Uniform Trade Secrets Act, alleging that Kolon hired former DuPont employees in an effort to acquire its trade secrets related to the production of Kevlar, a proprietary DuPont product. At trial, Kolon intended to introduce evidence showing that a number of the alleged trade secrets at issue in the case involved publicly available information. Specifically, Kolon sought to demonstrate that DuPont had disclosed the trade secrets in the course of a 1980s intellectual property litigation between DuPont and a competitor called AkzoNobel.
According to Kolon, the Akzo litigation was a "widely publicized patent dispute" in which DuPont "disclosed vast amounts of technical information about the Kevlar manufacturing process-beyond its patent disclosures-in open court and public filings." Kolon contended that 42 of the 149 trad ...
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Contract law may seem simple on its surface. At its base you need an offer plus acceptance supported by
BOOK BUSINESS LAW TEXT&EXERCISES 8TH EDITIONChapter 153. .docx
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Chapter 15
3.
Promises made in conspirator of marriage.
After twenty-nine years of marriage, Robert and Mary Lou Tuttle were divorced. They admitted in court that before they were married, they had signed a prenuptial agreement and had agreed on its general term that each would keep his or her own property and anything derived from that property. But a copy of the prenuptial agreement could not be found. Can the court enforce the agreement without a writing? Why or why not? (see the statues of frauds- writing requirements).
5.
The parol evidence rule.
Evangel Temple Assembly of God leased a facility from Wood Care Centers, Inc., to house evacuees who had lost their home in a hurricane. The lease agreement stated that Evangel could end the least at any time by giving notice and paying 10 percent of the rent that would otherwise have been paid over the rest of the term. The lease agreement also stated that if the facility did not retain its tax exemption which was granted to it on Evangel’s behalf as
a church Evangel could end the lease without making the 10 present payment. Is parol evidence admissible to interpret this lease? Why or why not? ( see the parol evidence rule).
Chapter 16
3.
Third Party beneficiary.
David and Sandra Dess contracted with Sirva Relocation, LLC, to assist in selling their home. In the contract, the Desses agreed to disclose all information about the property on which Sirva “and other prospective buyers may rely in deciding whether and on what terms to purchase the Property.” The Kincaids contracted with Sirva to buy the house. After closing, they discovered dampness in the walls, defective and rotten windows, mold, and other undisclosed problems. Can the Kincaids bring action against the Desses for breach of their contract with Sirva? Why or why not? ( see third party beneficiaries)
5.
Duties that cannot be delegated.
Bruce Albea Contracting, Inc., the contractor on a highway project, subcontracted the asphalt work to APAC-Southeast, Inc. the contract prohibited delegation without Albea’s consent. In mid-project, APAC delegated its duties to Matthews Contracting Co. Albea allowed Matthews to finish the work. But Alea did not pay APAC for its work on the projects, arguing that APAC had violated the anti-delegation clause, rendering their contract void. Is Albea correct? Explain. (see assignments and delegations).
Chapter 17
3.
Specific performance.
Russ Wyant owned Humble Ranch in South Dakota. Edward Humble was Wyant’s uncle and held a two-year option to buy a ranch from Wyant. The option included specific conditions. Once it was exercised, for instance, the parties had thirty days to enter into a purchase agreement and the seller could become the buyer’s lender by matching the terms of the proposed financing. After the option was exercised, Wyant and Humble engaged in a lengthy negotiations. Humble, however, did not respond to Wyant’s proposed purchase .
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BMGT 380 - Final Exam – Fall 2017
GOOD LUCK!!
Exam Instructions:
Open book exam: may use textbook, class notes/lectures, class conferences (do not use the internet as many legal sources are inaccurate; you do not need any material other than the textbook, class notes/lectures, class conferences to complete the exam).
No time limit on exam.
Submit exam preferably in word doc to assignment folder under “Final Exam”. ALLOW EXTRA TIME TO POST PROPERLY. YOU ARE ENTIRELY RESPONSIBLE FOR CHECKING THAT EXAM POSTS PROPERLY AND that you posted the correct file.
The exam is worth a total of 100 points.
Section I. Multiple Choice: 30 questions/60 points
USE THE ANSWER SHEET included at the bottom of this page for answers; copy and paste it as is, no changes, please. Please do not copy Multiple Choice questions to the answer sheet.
Put letter of correct answer on the answer sheet at the bottom of this page. There is only one correct answer to each question.
Each question is worth 2 points.
This is an application-oriented exam; you will not find the answer to questions verbatim in the text. If you believe a question is not covered in any of the assigned materials, you have missed the issue and need to re-think.
1. Farmer grows grain on his farm in Nebraska for feed for the chickens that he raises on that same farm. He later sells the chickens to meat packing companies within the state of Nebraska. The production of grain on the farm:
A. Affects interstate commerce and, therefore, can be subject to federal regulation.
B. Only indirectly affects interstate commerce and, therefore, can be subject to state, but not federal, regulation.
C. Only indirectly affects interstate commerce, and thus is not subject to federal regulation under the commerce clause.
D. Directly affects intrastate commerce, but more indirectly affects interstate commerce and, therefore, can be subject to federal regulation under the commerce clause.
2. Which of the following would typically take place in an appellate court?
A. Direct examination of witnesses by attorneys.
B. Choosing a jury.
C. Testimony of witnesses.
D. None of the above.
3. Larry, an Oregon resident, inherited land in Missouri. Through a Missouri attorney, Larry sold the land to Will, a Missouri resident, under a valid written sales contract. Larry later refused to go through with the sales deal, so Will sued Larry in a Missouri court.
Larry claimed the Missouri court had no jurisdiction over him because has never been in Missouri or had any other contacts with Missouri. Assume that the Missouri court has subject matter jurisdiction in this case. Does the Missouri court otherwise have jurisdiction to hear this case?
A. No, because there is diversity of citizenship in the case, only a federal court has jurisdiction to hear the case.
B. Yes, because the Missouri court can claim in rem (property) jurisdiction over Larry in ...
Secret sales- Now a Bar to Obtaining a US Patent.
For about 8 years, there has been a belief that it was safe for a company to sell an item or offer to sell an item without first filing a patent application as long as the sale or offer for sale was under a non-disclosure agreement so the sale would be secret and not public. This month, the United States Supreme Court in a unanimous decision said NO in Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc.,
MGMT 597 Education Organization - snaptutorial.com
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Contract law may seem simple on its surface. At its base you need an offer plus acceptance supported by consideration. That seems easy enough.
View the video below, which provides some factors that should be c.docx
View the video below, which provides some factors that should be considered in capital budgeting considerations.
Imagine the producers of this video ask you to appear in the video to offer two additional considerations in capital budgeting decisions. One consideration must be quantitative (numeric). The other must be qualitative (non-numeric). Write a script to describe capital budgeting considerations that you think are important for managers to consider. Your script should be 250 words.
How to answer for Questions (you have to use HIRAC method)
So how do I answer a HIRAC problem question?
For each topic, you will be provided with a ‘guide to problem solving’. This
‘checklist’ will assist you to identify the relevant points which you will need to
consider when answering the problem questions.
When answering legal problem questions generally, it is recommended that you use
the HIRAC method. If you are not familiar with the HIRAC method, please read the
following explanation so that you can draw upon this method when answering legal
problem questions. HIRAC simply stands for Heading, Issue, Rule, Application and
Conclusion. That is:
H – Heading
Identify the major theme as your heading.
I – Issue
State the legal issue raised.
R – Rule
Your next sentence will be a statement of the legal rule(s) or
principle(s) that applies to the situation. State the principle clearly
and concisely in your own words, and indicate the case or
legislation that is your primary source of that principle.
A – Application
Your next sentence should be your application of the law – that is,
you apply the legal principle to the facts in the problem. This is
where you can draw heavily upon the case law. You could use the
following ways to apply the legal rule:
• The legislation could be interpreted to mean … which would
apply to these facts because …
• B would need to argue that …
• What B would need to show is … B can show this because
…[refer to relevant facts].
• There is not sufficient information, but B would only successful
if she could demonstrate that … then …
• In the facts given, B has …. This is similar to the facts in A v B
where the court concluded that ….
• Unless A could demonstrate that … then …
• A would not succeed unless …
• A would only succeed if …
C – Conclusion
This last part is where you state your conclusion. That is, what is
the result when you’ve applied the legal principle to the facts you’re
given? For example, is there a bailment or not, has A breached the
relevant legislation, does B have a legal remedy? When doing this, have regard to which (if any) party you have been
asked to advise.
You could use the following ways to state your conclusion:
• It could be argued that…
• It is arguable …
• I would advise B to argue that …
• It would be possible to conclude that …
• It is unlikely that …
Finally – revise your answer
Once you have finished writing your answer, ask yourself the
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1. Did you p ...
Reflection and Discussion Forum Week 9Reflect on the assigne.docx
Reflection and Discussion Forum Week 9
Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.
Also, provide a graduate-level response to each of the following questions:
California passes regulations that address pesticides. These regulations are much stricter on the use and production of pesticides than the federal regulations. Is this permissible under current law? What if California’s regulations are much less strict than the federal regulations?
Discuss the required elements of a valid contract analyzing when an agreement rises tothe level of a legally enforceable contract and when it does not
Week 9 - Short Essays
Question I -
Explain some of the hurdles litigants have encountered when it comes to the Endangered Species Act and standing to bring a lawsuit.
Question II -
A contract is made between two parties. The terms of the contract are complete and unambiguous. A dispute arises between the Parties. Party A wants to pull out of the contract without penalty. Party B argues that Party A’s proposed action is prohibited by the express terms of the contract. Party A argues that the Parties verbally agreed to ignore that provision of the contract that would impose a penalty on Party A. Which Party will prevail and why?
.
Assignment 1HOW_TO_BRIEF_A_CASE paper format.docxHOW TO BRIEF.docx
Assignment 1/HOW_TO_BRIEF_A_CASE paper format.docx
HOW TO BRIEF A CASE
Below I have sketched in the beginnings of a brief as a format. This time-honored method of analysis is the basic unit of law school instruction and so most judicial opinions are written to conform to this approach. Knowing the rules makes watching the game so much more interesting. Start with the name of the Case which is called the “style” of the case.
PERLA GRAFF v. JAY L. GRAFF, 569 So. 2d 811, Fla. 1st Dist. Ct. App. (1990). First is the case name, followed by the citation which tells where you can find the hard copy of this case. This particular case is found in Volume 569 of the Southern Reporter, Second Series at page 811 in an opinion written by the First District Court of Appeals for Florida in 1990.
FACTS: (In this section you want to state the circumstances and events that led to the plaintiff suing the defendant as well as any facts relevant to the issue(s).) The parties were married for over 13 years, but, prior to the marriage the Husband purchased a home solely in his name. Thirteen years into the marriage, and for survivorship purposes only, the Husband deeded the property to both he and his wife as tenants by the entireties. Additionally, the parties used their joint checking account to make the mortgage payments and the parties used marital monies to add a pool and replace the roof. The Husband testified that he purchased the home for $48,000.00 prior to the marriage and that at the time of the divorce the home’s value was between $100,000.00 and $110,000.00.
ISSUE: (In this section you want to state the specific legal question(s) raised in the case. Look at the overall question(s) to be resolved by the court. Sometimes you will have more than one question, but, you want to state your issue as a question or begin your issue with the word ‘whether’) Whether the increased value of the marital home was a marital asset and therefore whether the Wife was entitled to equitable distribution of that value.
HOLDING: (In this section identify how the court answered the issue. You want to answer the issue(s) in the affirmative or negative, mirroring the issue as you answer it.) The increased value of the home was a marital asset and the Wife was entitled to equitable distribution of that value.
LAW: (In this section you state the law used by the court to reach its decision. Sometimes it will be common law, meaning a court decision or it will be based on statute.) Section 61.075, Florida Statutes, Equitable distribution of marital assets and liabilities.
RATIONALE: (What legal reasoning formed the court’s decision? What rules of law, for example, did it apply? How did it interpret legal principles or documents? How did it construe the facts? In other words, why did the court reached its decision?) Here you outline the court’s theory of why the increased value of the Husband’s pre-marital home was a marital asset and therefore why the Wife was entitled ...
LEGAL ENPROVMENTMODULE 4Start by reading and following these i.docx
LEGAL ENPROVMENT
MODULE 4
Start by reading and following these instructions:
1. Quickly skim the questions or assignment below and the assignment rubric to help you focus.
2. Read the required chapter(s) of the textbook and any additional recommended resources. Some answers may require you to do additional research on the Internet or in other reference sources. Choose your sources carefully.
3. Consider the discussions and any insights gained from it.
4. Create your Assignment submission and be sure to cite your sources, use APA style as required, check your spelling.
Assignment:
1. Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge for her surgery, with a charge of $1,659.50, or 14.9%, for the sling and its surgical kit. Is the transaction between Brandt and Health Center predominantly the provision of services or the sale of goods? Explain your answer.
2. Executive Financial Services, Inc. (EFS), purchased three tractors from Tri-County Farm Company (Tri-County), a John Deere dealership owned by Gene Mohr and James Loyd. The tractors cost $48,000, $19,000, and $38,000. EFS did not take possession of the tractors but instead left the tractors on Tri-County’s lot. EFS leased the tractors to Mohr-Loyd Leasing (Mohr-Loyd), a partnership between Mohr and Loyd, with the understanding and representation by Mohr-Loyd that the tractors would be leased out to farmers. Instead of leasing the tractors, Tri-County sold them to three different farmers. EFS sued and obtained judgment against Tri-County, Mohr-Loyd, and Mohr and Loyd personally for breach of contract. Because that judgment remained unsatisfied, EFS sued the three farmers who bought the tractors to recover the tractors from them.
1. What does the entrustment rule provide? Explain.
2. Did Mohr and Loyd act ethically in this case?
3. Who owns the tractors, EFS or the farmers?
3. Donald Wayne Doyle (Debtor) obtained a guaranteed student loan to enroll in a school for training truck drivers. Due to his impending divorce, Debtor never attended the program. The first ...
For each scenario listed below, answer these questions. Reminder to .docx
For each scenario listed below, answer these questions. Reminder to include two references outside the course material.
1. Distinguish between
subject matter and personal jurisdiction
of each case. Use the following videos to help you understand the difference.
2. Write and
discuss the standard the court will use
to determine whether jurisdiction exists. Give me your
facts
based on the chapters and videos covered. Information can be found in Chapter 3.
Do NOT key in the scenario as part of your answer!
Situation 1:
Jeff, a Missouri resident, sues Ted, a Virginia resident for $90,000 in Virginia’s Federal District court for negligence (a state law civil suit). Ted argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right?
Situation 2:
Bill, a Colorado resident, sues Jennifer, also a Colorado resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in Colorado. Jennifer argues that there is no subject matter jurisdiction. Is he right?
Situation 3:
Bette, a Denver, Colorado resident, sues the Lemon Corporation, a Tennessee corporation, under a breach of contract (a state law cause of action) in Colorado State Court for $350,000. The Lemon Corporation does most of its business in Tennessee. It is incorporated in Tennessee, and its Corporate Headquarters are located in Nashville, TN. However, the Lemon Corporation does have a branch office in Denver, Colorado where it employs a single salesman. Additionally, the corporation advertises in Denver. The corporation argues that Colorado lacks personal jurisdiction over the corporation. Is the corporation right? Assume for this question, that Colorado may exercise personal jurisdiction to the extent permitted by the Constitution of the United States. Be sure to
list the standard the court will apply.
Situation 4:
Same facts as above. Assume the court finds there is personal jurisdiction. Can the Lemon Corporation have the case removed to federal court?
.
1. Farmer grows grain on his farm in Nebraska for feed for the c
1. Farmer grows grain on his farm in Nebraska for feed for the chickens that he raises on that same farm. He later sells the chickens to meat packing companies within the state of Nebraska. The production of grain on the farm:
A.
Affects interstate commerce and, therefore, can be subject to federal regulation.
B.
Only indirectly affects interstate commerce and, therefore, can be subject to state, but not federal, regulation.
C.
Only indirectly affects interstate commerce, and thus is not subject to federal regulation under the commerce clause.
D.
Directly affects intrastate commerce, but more indirectly affects interstate commerce and, therefore, can be subject to federal regulation under the commerce clause.
2
. Which of the following would typically take place in an appellate court?
A.
Direct examination of witnesses by attorneys.
B.
Choosing a jury.
C.
Testimony of witnesses.
D.
None of the above.
3.
Larry, an Oregon resident, inherited land in Missouri. Through a Missouri attorney, Larry sold the land to Will, a Missouri resident, under a valid written sales contract. Larry later refused to go through with the sales deal, so Will sued Larry in a Missouri court.
Larry claimed the Missouri court had no jurisdiction over him because has never been in Missouri or had any other contacts with Missouri. Assume that the Missouri court has subject matter jurisdiction in this case. Does the Missouri court otherwise have jurisdiction to hear this case?
A.
No, because there is diversity of citizenship in the case, only a federal court has jurisdiction to hear the case.
B.
Yes, because the Missouri court can claim
in rem
(property) jurisdiction over Larry in this case as the owner/seller of the Missouri property.
C.
Yes, because the Statute of Frauds applies to the sale of land, and the contract was written, the Missouri court has personal jurisdiction over Will, and Larry.
D.
No, because although the Missouri court has property jurisdiction over Will, the court does not have the necessary property jurisdiction over Larry in this case.
4.
Jonah hired Marty, who is 16 years old, as his agent to buy up to a maximum of 50 used Dell 101 model laptops at a price of $200 each, or less. Marty bought 30 used Dell 101 model laptops for $100-200 using a written contract. Jonah was pleased with the laptops and accepted the contract and paid for the 20 laptops.
Marty then bought 25 more Dell 101 model laptops for $150 each on Jonah’s behalf. Marty signed a written contract for the purchase of these 25 laptops with the seller, Used Tech, Inc. Jonah refused to accept and pay for these 25 laptops. What reason would justify Jonah’s refusal to pay for the laptops and honor the contract with Used Tech, Inc.?
A.
The contract with Used Tech is illegal because Marty is a minor.
B.
There is no justification, the contract with Used Tech is valid because Marty signed a contract with Used Tech for the purchase of the 25 laptops.
C.
...
Jan 18, 2013 at 217pmNo unread replies.No replies.Post yo.docx
Jan 18, 2013 at 2:17pm
No unread replies.
No replies.
Post your definition of the apostrophe as you derived it from the section on the apostrophe in LB pages 316 - 322. What surprised you about the apostrophe? Give at least 2 examples of correct usage of the apostrophe from your own writing. Give examples of badly used apostrophes you have seen in public writing. Indicate the rule that determines correct usage
.
Jan 10, 20141.Definition of law A set of rules and proced.docx
Jan 10, 2014
1.
Definition of law:
A set of rules and procedures usually intended to regulate some aspect of society.
(
Joanne B, H. (2010).
Introduction to law
. (4th ed., Vol. Edition). (Page 2)
2.
What are some historical origins of a civil law legal system?
3.
Identify the historical origin of a common law legal system.
4.
What is the difference between a civil law legal system and a common law legal system?
5.
What is meant by jurisprudence?
6.
Describe three major philosophical theories of law.
This is the 1st weeks assignment....will send the rest by the week until week 7 also Midterm and Final.
.
More Related Content
Similar to Intellectual Property In no less than 200 words, answer Questi.docx
In 1736, a famous Swiss mathematician Leonhard Euler (1707 – 1783).docx
In 1736, a famous Swiss mathematician Leonhard Euler (1707 – 1783) started the work in the area of Graph Theory through his successful attempt in solving the problem of “Seven Bridges of Konigsberg.” Graph Theory solved many problems in multiple fields (Chinese Postman Problem, DNA fragment assembly, and aircraft scheduling.) In Chemistry, Graph Theory is used in the study of molecules, construction of bonds in chemistry, and the study of atoms. In Biology, Graph Theory is used in the study of breeding patterns or tracking the spread of disease.
Write a three to five (3-5) page paper in which you:
1. Choose two (2) applications for graph theory within your area of specialization (Networking, Security, Databases, Data Mining, Programming, etc.).
2. Examine how these applications are being used in your specialization.
3. Determine how graph theory has advanced the knowledge in your area of specialization.
4. Conclude how you will apply graph theory in your area of specialization.
5. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not quality as academic resources.
Your assignment must follow these formatting requirements:
· Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. In-text citations must be used appropriately and have a corresponding reference entry. Each reference must have at least one in-text citation. Check with your professor for any additional instructions.
· Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
· Model relationships with graphs, functions, and trees.
· Use technology and information resources to research issues in discrete math.
· Write clearly and concisely about discrete math using proper writing mechanics.
[INSERT TITLE HERE] 2
PART I
Directions: Please review the questions below and write a 3-4 page essay analyzing each legal issue presented in this week’s modules readings. Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 2,000 words. Please visit the Academic Resource Center for help with APA format.
If applicable, include arguments from each side. If a criminal case exists, you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue as a plaintiff and defense lawyer. Be sure that your answers respond to the questions. Do not restate the problem in your answer. Mention the facts where relevant to your analysis. If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments. If your answer depends upon essential in.
ReferencesKahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key.docx
References
Kahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key Developments in Trade Secrets Litigation. Business Torts Journal, 22(2), 7-12.
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Key Developments in Trade Secrets Litigation
ARTICLES
Keywords: litigation; business torts; trade secrets; damages; patents; Defend Trade Secrets Act; Trade Secrets Protection Act
Trade secrets continue to increase in importance as companies and the U.S. government are focusing attention on their value and protection. This past year has brought a number of significant developments in trade secrets law. In this article, we highlight five of them: (1) the need to protect trade secrets during litigation, and the potential consequences of not doing so (i.e., the DuPont reversal); (2) the growing importance of specifically identifying trade secrets early in litigation; (3) the narrowing of patentable subject matter for software and the alternative of trade secret protection; (4) increasing support for passage of a federal civil trade secrets law; and (5) the continuing trend toward large damages awards and settlements in trade secrets cases.
The Reversal of a Massive Verdict on the Basis of Disclosure in Prior Litigation
When discussing reasonable efforts to protect trade secrets, the discussion typically focuses on the efforts taken by the company during its normal course of business. Equally important, however, are the reasonable efforts taken to protect trade secrets during litigation. Unsealed filings and public presentations in the course of past litigation can lead to a finding that the "trade secret" in question is no longer secret in future litigation, costing clients massive judgments. Such was the case in E.I. DuPont De Nemours & Co. v. Kolon Industries, Inc., 564 F. App'x 710, 714 (4th Cir. 2014).
In DuPont, the Fourth Circuit reversed a nearly $1 billion jury verdict on the basis of the lower court's evidentiary ruling. DuPont sued Kolon under the Virginia Uniform Trade Secrets Act, alleging that Kolon hired former DuPont employees in an effort to acquire its trade secrets related to the production of Kevlar, a proprietary DuPont product. At trial, Kolon intended to introduce evidence showing that a number of the alleged trade secrets at issue in the case involved publicly available information. Specifically, Kolon sought to demonstrate that DuPont had disclosed the trade secrets in the course of a 1980s intellectual property litigation between DuPont and a competitor called AkzoNobel.
According to Kolon, the Akzo litigation was a "widely publicized patent dispute" in which DuPont "disclosed vast amounts of technical information about the Kevlar manufacturing process-beyond its patent disclosures-in open court and public filings." Kolon contended that 42 of the 149 trad ...
Mgmt 520 entire course legal political ethical dimension of business keller
Mgmt 520 discussions all 7 weeks 483 pages keller
MGMT 597 Great Stories /newtonhelp.com
For more course tutorials visit
www.newtonhelp.com
Contract law may seem simple on its surface. At its base you need an offer plus acceptance supported by
BOOK BUSINESS LAW TEXT&EXERCISES 8TH EDITIONChapter 153. .docx
BOOK "BUSINESS LAW TEXT&EXERCISES 8TH EDITION
Chapter 15
3.
Promises made in conspirator of marriage.
After twenty-nine years of marriage, Robert and Mary Lou Tuttle were divorced. They admitted in court that before they were married, they had signed a prenuptial agreement and had agreed on its general term that each would keep his or her own property and anything derived from that property. But a copy of the prenuptial agreement could not be found. Can the court enforce the agreement without a writing? Why or why not? (see the statues of frauds- writing requirements).
5.
The parol evidence rule.
Evangel Temple Assembly of God leased a facility from Wood Care Centers, Inc., to house evacuees who had lost their home in a hurricane. The lease agreement stated that Evangel could end the least at any time by giving notice and paying 10 percent of the rent that would otherwise have been paid over the rest of the term. The lease agreement also stated that if the facility did not retain its tax exemption which was granted to it on Evangel’s behalf as
a church Evangel could end the lease without making the 10 present payment. Is parol evidence admissible to interpret this lease? Why or why not? ( see the parol evidence rule).
Chapter 16
3.
Third Party beneficiary.
David and Sandra Dess contracted with Sirva Relocation, LLC, to assist in selling their home. In the contract, the Desses agreed to disclose all information about the property on which Sirva “and other prospective buyers may rely in deciding whether and on what terms to purchase the Property.” The Kincaids contracted with Sirva to buy the house. After closing, they discovered dampness in the walls, defective and rotten windows, mold, and other undisclosed problems. Can the Kincaids bring action against the Desses for breach of their contract with Sirva? Why or why not? ( see third party beneficiaries)
5.
Duties that cannot be delegated.
Bruce Albea Contracting, Inc., the contractor on a highway project, subcontracted the asphalt work to APAC-Southeast, Inc. the contract prohibited delegation without Albea’s consent. In mid-project, APAC delegated its duties to Matthews Contracting Co. Albea allowed Matthews to finish the work. But Alea did not pay APAC for its work on the projects, arguing that APAC had violated the anti-delegation clause, rendering their contract void. Is Albea correct? Explain. (see assignments and delegations).
Chapter 17
3.
Specific performance.
Russ Wyant owned Humble Ranch in South Dakota. Edward Humble was Wyant’s uncle and held a two-year option to buy a ranch from Wyant. The option included specific conditions. Once it was exercised, for instance, the parties had thirty days to enter into a purchase agreement and the seller could become the buyer’s lender by matching the terms of the proposed financing. After the option was exercised, Wyant and Humble engaged in a lengthy negotiations. Humble, however, did not respond to Wyant’s proposed purchase .
UMUC - The Undergraduate SchoolBusiness and Professional Program.docx
UMUC - The Undergraduate School
Business and Professional Programs
BMGT 380 - Final Exam – Fall 2017
GOOD LUCK!!
Exam Instructions:
Open book exam: may use textbook, class notes/lectures, class conferences (do not use the internet as many legal sources are inaccurate; you do not need any material other than the textbook, class notes/lectures, class conferences to complete the exam).
No time limit on exam.
Submit exam preferably in word doc to assignment folder under “Final Exam”. ALLOW EXTRA TIME TO POST PROPERLY. YOU ARE ENTIRELY RESPONSIBLE FOR CHECKING THAT EXAM POSTS PROPERLY AND that you posted the correct file.
The exam is worth a total of 100 points.
Section I. Multiple Choice: 30 questions/60 points
USE THE ANSWER SHEET included at the bottom of this page for answers; copy and paste it as is, no changes, please. Please do not copy Multiple Choice questions to the answer sheet.
Put letter of correct answer on the answer sheet at the bottom of this page. There is only one correct answer to each question.
Each question is worth 2 points.
This is an application-oriented exam; you will not find the answer to questions verbatim in the text. If you believe a question is not covered in any of the assigned materials, you have missed the issue and need to re-think.
1. Farmer grows grain on his farm in Nebraska for feed for the chickens that he raises on that same farm. He later sells the chickens to meat packing companies within the state of Nebraska. The production of grain on the farm:
A. Affects interstate commerce and, therefore, can be subject to federal regulation.
B. Only indirectly affects interstate commerce and, therefore, can be subject to state, but not federal, regulation.
C. Only indirectly affects interstate commerce, and thus is not subject to federal regulation under the commerce clause.
D. Directly affects intrastate commerce, but more indirectly affects interstate commerce and, therefore, can be subject to federal regulation under the commerce clause.
2. Which of the following would typically take place in an appellate court?
A. Direct examination of witnesses by attorneys.
B. Choosing a jury.
C. Testimony of witnesses.
D. None of the above.
3. Larry, an Oregon resident, inherited land in Missouri. Through a Missouri attorney, Larry sold the land to Will, a Missouri resident, under a valid written sales contract. Larry later refused to go through with the sales deal, so Will sued Larry in a Missouri court.
Larry claimed the Missouri court had no jurisdiction over him because has never been in Missouri or had any other contacts with Missouri. Assume that the Missouri court has subject matter jurisdiction in this case. Does the Missouri court otherwise have jurisdiction to hear this case?
A. No, because there is diversity of citizenship in the case, only a federal court has jurisdiction to hear the case.
B. Yes, because the Missouri court can claim in rem (property) jurisdiction over Larry in ...
Secret sales- Now a Bar to Obtaining a US Patent.
For about 8 years, there has been a belief that it was safe for a company to sell an item or offer to sell an item without first filing a patent application as long as the sale or offer for sale was under a non-disclosure agreement so the sale would be secret and not public. This month, the United States Supreme Court in a unanimous decision said NO in Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc.,
MGMT 597 Education Organization - snaptutorial.com
For more classes visit
www.snaptutorial.com
Contract law may seem simple on its surface. At its base you need an offer plus acceptance supported by consideration. That seems easy enough.
View the video below, which provides some factors that should be c.docx
View the video below, which provides some factors that should be considered in capital budgeting considerations.
Imagine the producers of this video ask you to appear in the video to offer two additional considerations in capital budgeting decisions. One consideration must be quantitative (numeric). The other must be qualitative (non-numeric). Write a script to describe capital budgeting considerations that you think are important for managers to consider. Your script should be 250 words.
How to answer for Questions (you have to use HIRAC method)
So how do I answer a HIRAC problem question?
For each topic, you will be provided with a ‘guide to problem solving’. This
‘checklist’ will assist you to identify the relevant points which you will need to
consider when answering the problem questions.
When answering legal problem questions generally, it is recommended that you use
the HIRAC method. If you are not familiar with the HIRAC method, please read the
following explanation so that you can draw upon this method when answering legal
problem questions. HIRAC simply stands for Heading, Issue, Rule, Application and
Conclusion. That is:
H – Heading
Identify the major theme as your heading.
I – Issue
State the legal issue raised.
R – Rule
Your next sentence will be a statement of the legal rule(s) or
principle(s) that applies to the situation. State the principle clearly
and concisely in your own words, and indicate the case or
legislation that is your primary source of that principle.
A – Application
Your next sentence should be your application of the law – that is,
you apply the legal principle to the facts in the problem. This is
where you can draw heavily upon the case law. You could use the
following ways to apply the legal rule:
• The legislation could be interpreted to mean … which would
apply to these facts because …
• B would need to argue that …
• What B would need to show is … B can show this because
…[refer to relevant facts].
• There is not sufficient information, but B would only successful
if she could demonstrate that … then …
• In the facts given, B has …. This is similar to the facts in A v B
where the court concluded that ….
• Unless A could demonstrate that … then …
• A would not succeed unless …
• A would only succeed if …
C – Conclusion
This last part is where you state your conclusion. That is, what is
the result when you’ve applied the legal principle to the facts you’re
given? For example, is there a bailment or not, has A breached the
relevant legislation, does B have a legal remedy? When doing this, have regard to which (if any) party you have been
asked to advise.
You could use the following ways to state your conclusion:
• It could be argued that…
• It is arguable …
• I would advise B to argue that …
• It would be possible to conclude that …
• It is unlikely that …
Finally – revise your answer
Once you have finished writing your answer, ask yourself the
following questions.
1. Did you p ...
Reflection and Discussion Forum Week 9Reflect on the assigne.docx
Reflection and Discussion Forum Week 9
Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.
Also, provide a graduate-level response to each of the following questions:
California passes regulations that address pesticides. These regulations are much stricter on the use and production of pesticides than the federal regulations. Is this permissible under current law? What if California’s regulations are much less strict than the federal regulations?
Discuss the required elements of a valid contract analyzing when an agreement rises tothe level of a legally enforceable contract and when it does not
Week 9 - Short Essays
Question I -
Explain some of the hurdles litigants have encountered when it comes to the Endangered Species Act and standing to bring a lawsuit.
Question II -
A contract is made between two parties. The terms of the contract are complete and unambiguous. A dispute arises between the Parties. Party A wants to pull out of the contract without penalty. Party B argues that Party A’s proposed action is prohibited by the express terms of the contract. Party A argues that the Parties verbally agreed to ignore that provision of the contract that would impose a penalty on Party A. Which Party will prevail and why?
.
Assignment 1HOW_TO_BRIEF_A_CASE paper format.docxHOW TO BRIEF.docx
Assignment 1/HOW_TO_BRIEF_A_CASE paper format.docx
HOW TO BRIEF A CASE
Below I have sketched in the beginnings of a brief as a format. This time-honored method of analysis is the basic unit of law school instruction and so most judicial opinions are written to conform to this approach. Knowing the rules makes watching the game so much more interesting. Start with the name of the Case which is called the “style” of the case.
PERLA GRAFF v. JAY L. GRAFF, 569 So. 2d 811, Fla. 1st Dist. Ct. App. (1990). First is the case name, followed by the citation which tells where you can find the hard copy of this case. This particular case is found in Volume 569 of the Southern Reporter, Second Series at page 811 in an opinion written by the First District Court of Appeals for Florida in 1990.
FACTS: (In this section you want to state the circumstances and events that led to the plaintiff suing the defendant as well as any facts relevant to the issue(s).) The parties were married for over 13 years, but, prior to the marriage the Husband purchased a home solely in his name. Thirteen years into the marriage, and for survivorship purposes only, the Husband deeded the property to both he and his wife as tenants by the entireties. Additionally, the parties used their joint checking account to make the mortgage payments and the parties used marital monies to add a pool and replace the roof. The Husband testified that he purchased the home for $48,000.00 prior to the marriage and that at the time of the divorce the home’s value was between $100,000.00 and $110,000.00.
ISSUE: (In this section you want to state the specific legal question(s) raised in the case. Look at the overall question(s) to be resolved by the court. Sometimes you will have more than one question, but, you want to state your issue as a question or begin your issue with the word ‘whether’) Whether the increased value of the marital home was a marital asset and therefore whether the Wife was entitled to equitable distribution of that value.
HOLDING: (In this section identify how the court answered the issue. You want to answer the issue(s) in the affirmative or negative, mirroring the issue as you answer it.) The increased value of the home was a marital asset and the Wife was entitled to equitable distribution of that value.
LAW: (In this section you state the law used by the court to reach its decision. Sometimes it will be common law, meaning a court decision or it will be based on statute.) Section 61.075, Florida Statutes, Equitable distribution of marital assets and liabilities.
RATIONALE: (What legal reasoning formed the court’s decision? What rules of law, for example, did it apply? How did it interpret legal principles or documents? How did it construe the facts? In other words, why did the court reached its decision?) Here you outline the court’s theory of why the increased value of the Husband’s pre-marital home was a marital asset and therefore why the Wife was entitled ...
LEGAL ENPROVMENTMODULE 4Start by reading and following these i.docx
LEGAL ENPROVMENT
MODULE 4
Start by reading and following these instructions:
1. Quickly skim the questions or assignment below and the assignment rubric to help you focus.
2. Read the required chapter(s) of the textbook and any additional recommended resources. Some answers may require you to do additional research on the Internet or in other reference sources. Choose your sources carefully.
3. Consider the discussions and any insights gained from it.
4. Create your Assignment submission and be sure to cite your sources, use APA style as required, check your spelling.
Assignment:
1. Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge for her surgery, with a charge of $1,659.50, or 14.9%, for the sling and its surgical kit. Is the transaction between Brandt and Health Center predominantly the provision of services or the sale of goods? Explain your answer.
2. Executive Financial Services, Inc. (EFS), purchased three tractors from Tri-County Farm Company (Tri-County), a John Deere dealership owned by Gene Mohr and James Loyd. The tractors cost $48,000, $19,000, and $38,000. EFS did not take possession of the tractors but instead left the tractors on Tri-County’s lot. EFS leased the tractors to Mohr-Loyd Leasing (Mohr-Loyd), a partnership between Mohr and Loyd, with the understanding and representation by Mohr-Loyd that the tractors would be leased out to farmers. Instead of leasing the tractors, Tri-County sold them to three different farmers. EFS sued and obtained judgment against Tri-County, Mohr-Loyd, and Mohr and Loyd personally for breach of contract. Because that judgment remained unsatisfied, EFS sued the three farmers who bought the tractors to recover the tractors from them.
1. What does the entrustment rule provide? Explain.
2. Did Mohr and Loyd act ethically in this case?
3. Who owns the tractors, EFS or the farmers?
3. Donald Wayne Doyle (Debtor) obtained a guaranteed student loan to enroll in a school for training truck drivers. Due to his impending divorce, Debtor never attended the program. The first ...
For each scenario listed below, answer these questions. Reminder to .docx
For each scenario listed below, answer these questions. Reminder to include two references outside the course material.
1. Distinguish between
subject matter and personal jurisdiction
of each case. Use the following videos to help you understand the difference.
2. Write and
discuss the standard the court will use
to determine whether jurisdiction exists. Give me your
facts
based on the chapters and videos covered. Information can be found in Chapter 3.
Do NOT key in the scenario as part of your answer!
Situation 1:
Jeff, a Missouri resident, sues Ted, a Virginia resident for $90,000 in Virginia’s Federal District court for negligence (a state law civil suit). Ted argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right?
Situation 2:
Bill, a Colorado resident, sues Jennifer, also a Colorado resident, for copyright infringement, a cause of action arising under federal law, in a Federal District Court in Colorado. Jennifer argues that there is no subject matter jurisdiction. Is he right?
Situation 3:
Bette, a Denver, Colorado resident, sues the Lemon Corporation, a Tennessee corporation, under a breach of contract (a state law cause of action) in Colorado State Court for $350,000. The Lemon Corporation does most of its business in Tennessee. It is incorporated in Tennessee, and its Corporate Headquarters are located in Nashville, TN. However, the Lemon Corporation does have a branch office in Denver, Colorado where it employs a single salesman. Additionally, the corporation advertises in Denver. The corporation argues that Colorado lacks personal jurisdiction over the corporation. Is the corporation right? Assume for this question, that Colorado may exercise personal jurisdiction to the extent permitted by the Constitution of the United States. Be sure to
list the standard the court will apply.
Situation 4:
Same facts as above. Assume the court finds there is personal jurisdiction. Can the Lemon Corporation have the case removed to federal court?
.
1. Farmer grows grain on his farm in Nebraska for feed for the c
1. Farmer grows grain on his farm in Nebraska for feed for the chickens that he raises on that same farm. He later sells the chickens to meat packing companies within the state of Nebraska. The production of grain on the farm:
A.
Affects interstate commerce and, therefore, can be subject to federal regulation.
B.
Only indirectly affects interstate commerce and, therefore, can be subject to state, but not federal, regulation.
C.
Only indirectly affects interstate commerce, and thus is not subject to federal regulation under the commerce clause.
D.
Directly affects intrastate commerce, but more indirectly affects interstate commerce and, therefore, can be subject to federal regulation under the commerce clause.
2
. Which of the following would typically take place in an appellate court?
A.
Direct examination of witnesses by attorneys.
B.
Choosing a jury.
C.
Testimony of witnesses.
D.
None of the above.
3.
Larry, an Oregon resident, inherited land in Missouri. Through a Missouri attorney, Larry sold the land to Will, a Missouri resident, under a valid written sales contract. Larry later refused to go through with the sales deal, so Will sued Larry in a Missouri court.
Larry claimed the Missouri court had no jurisdiction over him because has never been in Missouri or had any other contacts with Missouri. Assume that the Missouri court has subject matter jurisdiction in this case. Does the Missouri court otherwise have jurisdiction to hear this case?
A.
No, because there is diversity of citizenship in the case, only a federal court has jurisdiction to hear the case.
B.
Yes, because the Missouri court can claim
in rem
(property) jurisdiction over Larry in this case as the owner/seller of the Missouri property.
C.
Yes, because the Statute of Frauds applies to the sale of land, and the contract was written, the Missouri court has personal jurisdiction over Will, and Larry.
D.
No, because although the Missouri court has property jurisdiction over Will, the court does not have the necessary property jurisdiction over Larry in this case.
4.
Jonah hired Marty, who is 16 years old, as his agent to buy up to a maximum of 50 used Dell 101 model laptops at a price of $200 each, or less. Marty bought 30 used Dell 101 model laptops for $100-200 using a written contract. Jonah was pleased with the laptops and accepted the contract and paid for the 20 laptops.
Marty then bought 25 more Dell 101 model laptops for $150 each on Jonah’s behalf. Marty signed a written contract for the purchase of these 25 laptops with the seller, Used Tech, Inc. Jonah refused to accept and pay for these 25 laptops. What reason would justify Jonah’s refusal to pay for the laptops and honor the contract with Used Tech, Inc.?
A.
The contract with Used Tech is illegal because Marty is a minor.
B.
There is no justification, the contract with Used Tech is valid because Marty signed a contract with Used Tech for the purchase of the 25 laptops.
C.
...
Similar to Intellectual Property In no less than 200 words, answer Questi.docx (20)
Bus 430 entire course ( international business law ) complete course
Bus 430 entire course ( international business law ) complete course
In 1736, a famous Swiss mathematician Leonhard Euler (1707 – 1783).docx
In 1736, a famous Swiss mathematician Leonhard Euler (1707 – 1783).docx
ReferencesKahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key.docx
ReferencesKahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key.docx
Mgmt 520 entire course legal political ethical dimension of business keller
Mgmt 520 entire course legal political ethical dimension of business keller
BOOK BUSINESS LAW TEXT&EXERCISES 8TH EDITIONChapter 153. .docx
BOOK BUSINESS LAW TEXT&EXERCISES 8TH EDITIONChapter 153. .docx
UMUC - The Undergraduate SchoolBusiness and Professional Program.docx
UMUC - The Undergraduate SchoolBusiness and Professional Program.docx
MGMT 597 Education Organization - snaptutorial.com
MGMT 597 Education Organization - snaptutorial.com
View the video below, which provides some factors that should be c.docx
View the video below, which provides some factors that should be c.docx
Making a Patent Infringement Trial Understandable 2-23-12
Making a Patent Infringement Trial Understandable 2-23-12
domain_names_and_trademarks_legal_issues-deborah_wilcox.ppt
domain_names_and_trademarks_legal_issues-deborah_wilcox.ppt
Reflection and Discussion Forum Week 9Reflect on the assigne.docx
Reflection and Discussion Forum Week 9Reflect on the assigne.docx
Assignment 1HOW_TO_BRIEF_A_CASE paper format.docxHOW TO BRIEF.docx
Assignment 1HOW_TO_BRIEF_A_CASE paper format.docxHOW TO BRIEF.docx
LEGAL ENPROVMENTMODULE 4Start by reading and following these i.docx
LEGAL ENPROVMENTMODULE 4Start by reading and following these i.docx
For each scenario listed below, answer these questions. Reminder to .docx
For each scenario listed below, answer these questions. Reminder to .docx
1. Farmer grows grain on his farm in Nebraska for feed for the c
1. Farmer grows grain on his farm in Nebraska for feed for the c
More from lmelaine
Jan 18, 2013 at 217pmNo unread replies.No replies.Post yo.docx
Jan 18, 2013 at 2:17pm
No unread replies.
No replies.
Post your definition of the apostrophe as you derived it from the section on the apostrophe in LB pages 316 - 322. What surprised you about the apostrophe? Give at least 2 examples of correct usage of the apostrophe from your own writing. Give examples of badly used apostrophes you have seen in public writing. Indicate the rule that determines correct usage
.
Jan 10, 20141.Definition of law A set of rules and proced.docx
Jan 10, 2014
1.
Definition of law:
A set of rules and procedures usually intended to regulate some aspect of society.
(
Joanne B, H. (2010).
Introduction to law
. (4th ed., Vol. Edition). (Page 2)
2.
What are some historical origins of a civil law legal system?
3.
Identify the historical origin of a common law legal system.
4.
What is the difference between a civil law legal system and a common law legal system?
5.
What is meant by jurisprudence?
6.
Describe three major philosophical theories of law.
This is the 1st weeks assignment....will send the rest by the week until week 7 also Midterm and Final.
.
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Jacob claims the employer violated his rights. In your opinion, what.docx
Jacob claims the employer violated his rights. In your opinion, what are the legal rights of the employer and the employee in this situation? Explain. Is Jacob correct in his allegations? Why or why not?
Since Jacob believes he was wrongfully terminated and various rights were violated, he plans to consult with a lawyer and sue Cranes. What are Jacob's options with regards to resolving his claims through the court or ADR?
Jacob claims the state troopers violated his rights. Do you agree?
Has Brianna committed any offenses? Why or why not?
Did Lucy violate intellectual property laws? If yes, how? If no, why not?
Has Jacob committed any violations in his Internet postings concerning his former company? Why or why not?
What are the ethical issues related to this scenario?
Support your responses with examples.
Cite any sources in APA format.
.
Ive been promised A+ papers in the past but so far I have not seen .docx
I've been promised A+ papers in the past but so far I have not seen better than a C. Is there anyone out there that can do this and seriously get an A or atleast a B. I would greatly appreciate :)
In a 1-2 page Microsoft Word document, discuss the following case study:
When Alexander and Deborah married, Alexander owned a duplex in a community property state. They lived in one side of the duplex. They saved their money and bought a lake lot as tenants by the entirety. Deborah failed to pay the loans she took out from Savings Bank prior to her marriage to pay for college. The bank claimed the duplex, the lake lot and their savings.
Discuss the likelihood of success on the bank's claims against the properties.
.
It’s easy to dismiss the works from the Dada movement as silly. Cons.docx
It’s easy to dismiss the works from the Dada movement as silly. Consider the art that was popular at the time, however. These “silly” works were a violent protest to the realism and impressionism of the day. Check out “Entr' acte", 1924, directed by Rene Clair” on YouTube, if you can, for an excellent example of Dada.
www.youtube.com/watch?v=NMaXF-4MMGA
The pointlessness of the action is the point! I still crack up at the end even seen it hundreds of times.
Think: what does Dada do that realism cannot? What’s the value of a movement that breaks all the rules? What did Dada contribute to the progress of art and film?
Remember, post before WEDNESDAY and three times during the week because you must contribute three postings over the week for full credit. Please write more than 50 words for your first response to my question.
Posted by William Ousley at 06/17/13 11:24
What Dada can do that realism cannot is make humorous, chaotic assemblage of events. The value of a movement that breaks all the rules is a non-traditional valued movement. The Dada anti-art movement had a strong negative and destructive element. Dada writers and artists were concerned with shock, protest, and nonsense. Dada contributed to assemblage, collage, photomontage and the use of ready-made objects. The inclusion of sound in art, the incorporation of found objects in a work of art, and the concept of improvising as a performance options were all substantially important to not only the development of music, but more specifically the development of electronic music.
(1)
Posted by Anya Walker at 06/20/13 03:10
William
The art of film is very dynamic. Dada was a great way to show how it was used. I know watching the film showed so many scenes and object so, it made it very helpful to understand the meaning of Dada.
Posted by Anya Walker at 06/18/13 05:59
Dada is hilarious to watch. The artist is able to show realism by having creative scenes that was part of the anti-war movement era. The objective of using a technique called collage was used by combining different type of scraps that was part of illustration to be viewed in different scenes. Dada contributes to the art of film by having music being played while watching the film. Also, surrealism was introduced to show a type of chaotic way of using humorous scenes in film.
(2)
Posted by William Ousley at 06/18/13 09:55
Anya
Very well written. For some reason I read and read the article on Dada in the book and couldn't quite get it. So I read a few articles from the Internet to fully understand what the Dada movement was. Even with breaking all the rules they were able to contribute to the art.
Posted by Byron Stival at 06/21/13 06:05
Anya-
It is fun to watch this video. Some of it was funny but I also had a hard time watching all of it. I like the first introduction to the music. I love music and love to think of what the person was thinking and feeling when they wrote the music. It baffles my mind that someone ca.
Its meaning is still debated. It could be a symbol of the city of Fl.docx
Its meaning is still debated. It could be a symbol of the city of Florence (and by association of the Medici's identification with the city of Florence) or it could be a metaphor for the nature of love. Choose one of these meanings and elaborate on that meaning. Be sure to talk about the story of David, how he is portrayed in the statue, its location, etc.
.
Jaffe and Jordan want to use financial planning models to prepar.docx
Jaffe and Jordan want to use financial planning models to prepare a projected (pro forma) financial statement to determine the profitability and financial health of the business for next year, ending Dec 31, 2021. Use the pro forma financial statement below to answer the following questions:
PRO FORMA INCOME STATEMENT
($millions)
Total operating revenues
82
Less expenses
27
Less depreciation
9
Earnings before interest and taxes
46
Less interest
4
Net income before taxes
42
Less taxes @ 23.8%
10
Net income
32
PRO FORMA BALANCE SHEET
Assets:
Cash
19
Other current assets
28
Net Fixed Assets
40
Total Assets
87
Liabilities and Equities:
Accounts payable
12
Long-term debt
28
Stockholders' Equity
47
Total Liabilities & Equities
87
a. What is the
estimated profit
of the business for 2021?
b. Compute the following
profitability ratios
and explain to Jaffe and Jordan whether the business looks profitable relative to the performance of the industry.
i. Profit margin
ii. Return on assets
iii. Return on equity
iv. calculate and explain operating cash flow
The industry ratios are as follows:
Industry ratios
Profit margin
32.80%
Return on assets
34.00%
Return on equity
42.50%
c. Assuming you project a 25% increase in
operating revenue
(sales) per year what will be the anticipated operating revenue in 2022?
d. If net income is projected to increase by 20% per year, what will be the
profit margin
in 2022?
e. What will be the estimated
earnings per share
(EPS) in 2022 if 1,000,000 shares are issued?
.
Ive got this assinment due and was wondering if anyone has done any.docx
I've got this assinment due and was wondering if anyone has done anything similar?? If so can easily change around information and will make it much easier to do it a second time round.
Please read this extremely carefully!
THIS NEEDS TO BE DONE OVER A 7-10 DAY PERIOD!!! please do not message me unless you UNDERSTAND exactly what needs to be done, and the extent of needing to bring in other scholars and research! THIS ASSIGNMENT NEEDS SOMEONE WHO'S ENGLISH IS PERFECT!! when messaging let me know what you believe needs to be done, so I can see you understand the brief. Let me know if you have any questions, I will be helping you out along the way!!
Content Analysis
Due: 11pm Friday 19 September
Weighting: 30%
This assignment assesses your ability to critique two culturally divergent global television news services by analysing their online news content.
Length: 1500 words.
Carry out a content analysis of Internet television of two reputable news organizations, one Western and one non-Western by studying elements such as language, pictures and headlines in the reporting of international events.
From the data gathered write a comparative analysis of news content focusing on the news agenda, sources and predominant news values.
Do the following:
• Over a 2-week period gather data from the website looking at the news agenda i.e. the top 5 stories covered by subject (i.e. politics, business/economics, conXict, human interest, celebrity) and geographical interest (i.e. North America, Europe, Asia, Latin America, PaciWc)
• Who are the experts quoted? (i.e. their cultural, political or social orientation) Are they from an elite or non-elite country or group?
• From what cultural/national perspectives are the stories being reported?
• Who is the target audience?
• What are the predominant news values?
Your insights and analysis should be supported by examples from the evidence gathered as well as course readings and other literature.
Attach samples of your page views as an appendix to your analysis for each website (no more than 4 pages).
Examples of global news networks your may choose:
• BBC
• Al Jazeera
• CNN
• CCTV
• France24
• Xinhua News Agency
• ABC News World
• TimesNow.tv
Submit your analysis and samples as one document to Turnitin by 11pm Friday 19 September, 2014.
Students will be assessed on their ability to:
• Clearly articulate the aim and method of their research.
• Present robust data, using evidence to build an argument.
• Draw connections from diVerent forms of evidence.
• Structure the essay in a clear, logical and engaging way.
• Provide a strong argument through interpretation of data and reference to relevant
concepts.
• EVectively integrate cited material, with complete and appropriate referencing.
• Write clearly, concisely and directly, without spelling or grammatical errors.
Unit guide ICOM201 International Television and Beyond
This Assessment Task relates to the following Learning Outcomes:
• Demonstrate unde.
It is thought that a metabolic waste product produced by a certain g.docx
It is thought that a metabolic waste product produced by a certain group of prokaryotic organisms made possible the evolution of the eukaryotic cell. Name the metabolic waste product and the group of prokaryotic organisms that produce it. Name the metabolic reaction that leads to this waste product being produced. Discuss two ways that the build-up of this waste product helped pave the way for the evolution of higher organisms (plants and animals).
.
it is not the eassay it is about anwering the question with 2,3 pa.docx
it is not the eassay it is about anwering the question with 2,3 paragraph.
there is 4 questions
1. Explain how imperialism has changed over time(each catagory need 1,2 sentence description )-
(1) From the early period of Spanish and Portuguese dominations
(2)Through the rise of the Atlantic system,
(3)to the New imperialism of the mid-to-late 19th century,
(4)up to the era of Neo-colonization of the late 20th and 21th century
2. What are the main characteristics of each period?
3. What changed over time?
4. What did not change?
5. In your opinion which system/era was easiest to resist and why?
Write it with easy word.
.
It is now time to select sources and take some notes. You will nee.docx
It is now time to select sources and take some notes. You will need to use the Cornell method of note taking to complete your notes. Remember, the more detailed your notes are, the easier it will be to write your paper.
As you take notes, keep track of the sources from where you borrow ideas. Be sure you write down all of the information you will need to cite later in the Works Cited page, in
MLA format
. If you come across a source that you are not sure how to cite, please contact your instructor. Even if you write the information in your own words, it can be considered plagiarism if not cited properly.
Cornell Notes
Topic:
Page ___ of ____.
Name:
Course:
Teacher:
Date:
Main Idea:
Notes:
Summary/Questions:
.
Its a linear equations question...Neilsen Media Research surveys .docx
It's a linear equations question...
Neilsen Media Research surveys TV-watching habits and provides a list of the 20 most-watched TV programs each week. Each rating point in the survey represents 1,102,000 households. One week "60 Minutes" had a rating of 11.0. How many households did this represent?
.
itively impact job satisfactionWeek 3 - Learning Team Paper - Due .docx
itively impact job satisfaction
Week 3 - Learning Team Paper - Due Day 7
Learning Team Assignment:
Job Satisfaction Paper
Use
the University of Phoenix Library, and/or other resources, to conduct research concerning the concept of job satisfaction.
Prepare
a 1,050 to 1,400-word paper in which you address the following items:
Introduction and Define
job satisfaction
.
·
Explain the impact that organizational socialization has on job satisfaction.
·
Provide an example of how an organization can use organizational socialization to positively impact job satisfaction. -
·
Describe the relationship between organizational commitment and job satisfaction.
·
Provide an example of how an organization can use organizational commitment to positively impact job satisfaction.
My portion
·
Conclusion -
.
IT205 Management of Information SystemsHello, I am looking for he.docx
IT/205 Management of Information Systems
Hello, I am looking for help with IT205 complete course. This is 2014 Syllabus. Thanks in advance
.
It is not an online course so i cannot share any login details. No d.docx
It is not an online course so i cannot share any login details. No detailed instructions were given to complete this assignment. The professor indicated that he wants a 3-4 page paper with a topic of my choosing. It needs to be about civilization as a whole though. The two topics i showed to the professor that he agreed were good for the paper were the following:
Discuss the death sentence and how it has been changed over the years morally.
Discuss the use of physical torture and how it has changed over the years morally.
These papers are discussing time periods ranging from the spanish inquisition, all the way up to present day. How were these used in the past and how did our civilization change to accept it the way it is today?
.
IT Strategic Plan, Part 1Using the case provided, analyze the busi.docx
IT Strategic Plan, Part 1
Using the case provided, analyze the business environment described to develop Part 1 of an IT Strategic Plan. Identify the business’ strategic objectives, develop an IT mission and vision for the organization, describe an appropriate governance process, and provide an inventory of the organization’s current IT projects. Your analysis will be presented in a short paper that follows the outline provided, using Microsoft Word, or in a format that can be read using MS Word.
Case Study: Wobbly Wheels (WW) Distribution Company
Overview
WW is a regional transportation and distribution company in operation for over 60 years. The company serves major cities in the Mid-Atlantic region. They are headquartered in Wilmington, Delaware and have a staff of 400 employees including truck drivers. There are 6 distribution terminals (Philadelphia PA, Baltimore MD, New York City, Washington DC, Newark NJ and Wilmington DE) for consolidating freight, and 100 delivery vehicles including 20 tractor/semi-trailer units, 40 box trucks and 40 panel vans.
The company operates in a highly competitive business environment. Growth has been stagnant because of a slow economy. John, the president of the company, would like to see growth at 5% per year. He would also like to see expenses cut by 5% to help fund new initiatives. Current revenue is about $39 million a year with profit running at 4%.
Current Business Operations
WW operates 24 hours a day, 7 days a week. Sales personnel (12 people, two per terminal) visit prospective customers to outline company capability, services provided and costs. When a customer decides to use WW they call the dispatch office with shipment information. Usually they FAX a copy of the bill (s) of lading to a terminal with information such as origin, destination, product description, weight and number of packages.
A dispatcher at a terminal makes a list of freight pickups and sends a truck to get the freight. To do this they use the routing system to determine the sequence of pickups by zip code. They use local maps within a zip code to map out the specific order of pickups since there may be several in a zip code area. They have a performance goal of 98% of freight picked up within 24 hours of availability.
A driver follows the dispatch order for pickups. Many of the drivers complain that the pickup order is not efficient. When they pick up an order they sign for receipt and either load the freight or guide the customer’s forklift operators to arrange it properly in the truck.
After freight is picked up it is brought to the terminal where it is unloaded and sorted by destination. A dispatcher then prepares a delivery ticket (again using the routing system) that is used to load a truck in the proper sequence for delivery. Some trucks take freight from one terminal to another while others make local deliveries. About half of a terminal’s space is used on any given night. Dispatchers have a goal to turn freight around.
It should be in API format.Research paper should be on Ethernet .docx
It should be in API format.
Research paper should be on
Ethernet Networking
related to my specific subject which is
Telecommunications and networking.
It should be 17-20 pages in length. It should be a complete, polished artifact containing all of the main elements of the final product.
It should be plagiarism free.
It should contain Contexts, abstract, introduction, main body , conclusion and references. And if needed can use graphs or diagrams.
.
IT Strategic Plan, Part 2Using the case provided, build on Part .docx
IT Strategic Plan, Part 2
Using the case provided, build on Part 1 of your IT Strategic Plan, and develop Part 2. Develop IT strategies to align to the business strategies, complete a roadmap of the current IT projects, propose a new IT project to support the IT strategies, identify risks associated with the IT projects, and explain the steps required to develop a business continuity plan for the most important IT systems. Your analysis will be presented in a short paper that follows the outline provided, using Microsoft Word, or in a format that can be read using MS Word.
Case Study: Wobbly Wheels (WW) Distribution Company
Overview
WW is a regional transportation and distribution company in operation for over 60 years. The company serves major cities in the Mid-Atlantic region. They are headquartered in Wilmington, Delaware and have a staff of 400 employees including truck drivers. There are 6 distribution terminals (Philadelphia PA, Baltimore MD, New York City, Washington DC, Newark NJ and Wilmington DE) for consolidating freight, and 100 delivery vehicles including 20 tractor/semi-trailer units, 40 box trucks and 40 panel vans.
The company operates in a highly competitive business environment. Growth has been stagnant because of a slow economy. John, the president of the company, would like to see growth at 5% per year. He would also like to see expenses cut by 5% to help fund new initiatives. Current revenue is about $39 million a year with profit running at 4%.
Current Business Operations
WW operates 24 hours a day, 7 days a week. Sales personnel (12 people, two per terminal) visit prospective customers to outline company capability, services provided and costs. When a customer decides to use WW they call the dispatch office with shipment information. Usually they FAX a copy of the bill (s) of lading to a terminal with information such as origin, destination, product description, weight and number of packages.
A dispatcher at a terminal makes a list of freight pickups and sends a truck to get the freight. To do this they use the routing system to determine the sequence of pickups by zip code. They use local maps within a zip code to map out the specific order of pickups since there may be several in a zip code area. They have a performance goal of 98% of freight picked up within 24 hours of availability.
A driver follows the dispatch order for pickups. Many of the drivers complain that the pickup order is not efficient. When they pick up an order they sign for receipt and either load the freight or guide the customer’s forklift operators to arrange it properly in the truck.
After freight is picked up it is brought to the terminal where it is unloaded and sorted by destination. A dispatcher then prepares a delivery ticket (again using the routing system) that is used to load a truck in the proper sequence for delivery. Some trucks take freight from one terminal to another while others make local deliveries. About half of a terminal’s sp.
It seems most everything we buy these days has the label made in Ch.docx
It seems most everything we buy these days has the label “made in China”. China has become the second largest world economy, and one of the fastest growing in the world. Discuss the factors that have allowed China to become such a large economy, and the challenges China is likely to face in the near future.
250 words and cited with in .
.
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Jan 18, 2013 at 217pmNo unread replies.No replies.Post yo.docx
Jan 10, 20141.Definition of law A set of rules and proced.docx
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Jacob claims the employer violated his rights. In your opinion, what.docx
Jacob claims the employer violated his rights. In your opinion, what.docx
Ive been promised A+ papers in the past but so far I have not seen .docx
Ive been promised A+ papers in the past but so far I have not seen .docx
It’s easy to dismiss the works from the Dada movement as silly. Cons.docx
It’s easy to dismiss the works from the Dada movement as silly. Cons.docx
Its meaning is still debated. It could be a symbol of the city of Fl.docx
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