This document provides information and instructions for three ethics assignments related to alternative dispute resolution, corporate director duties, and employment law issues. It includes scenarios and assignment requirements for papers analyzing a business dispute, creating a policy on director duties, and examining employee classification and potential discrimination. Students are asked to propose solutions to the disputes, explain legal duties and consequences of noncompliance, and evaluate employment relationships and policies from an ethical perspective.
ETH 321 OUTLET Education Your Life--eth321outlet.comthomashard62
This document describes an assignment to analyze a legal dispute between two pizza companies, Dazzling Dough Co. and Jerry's Pizza, regarding a contract for pizza dough. Students are asked to prepare a strategic plan overview for Jerry's Pizza's board of directors that 1) summarizes the dispute and each party's interpretation of the contract, 2) proposes revisions to the contract language for clarity, and 3) provides recommendations for settling the dispute, including different options and alternative dispute resolution methods. Ethical considerations around enforcing contract terms are also to be discussed.
ETH 321 OUTLET Introduction Education--eth321outlet.comagathachristie280
This document provides the background and instructions for an assignment analyzing an alternative dispute resolution case study between Dazzling Dough Co. and Jerry's Pizza. Students are asked to prepare a strategic plan overview for Jerry's Pizza's board of directors that 1) summarizes the dispute between the two parties, 2) proposes revisions to the contract language to avoid future disputes, and 3) provides recommendations for settling the dispute and methods for preventing similar disputes going forward. The document also includes instructions for two other ethics assignments analyzing employment law issues.
ETH 321 RANK Achievement Education--eth321rank.comkopiko150
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This Tutorial contains 2 Papers
The purpose of this assignment is to analyze and select an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior
This document summarizes a presentation on off-duty conduct, management, discipline, and dismissal given by Cody Yorke. It discusses recent cases of employees being disciplined or dismissed for inappropriate off-duty social media posts or other conduct. It outlines considerations for developing social media and other policies, and disciplining or dismissing employees for policy violations or conduct that harms the employer's reputation. The presentation also distinguishes between dismissal with just cause, requiring proven serious misconduct, and dismissal without cause, which provides notice or severance entitlements.
Union prevention training for operations and HR managers and supervisor. A detailed primer on recognizing union activity for what it is and how to prevent a successful organizing campaign. This is not "anti-union" but rather, pro-company in approach. The student will learn how a campaign begins, matures, and finishes and what happens after a campaign.
This document discusses employer-employee relationships and employment contracts. It defines employees as individuals who perform services for an organization in exchange for wages or salary, and employers as individuals or organizations that employ workers. The document outlines different types of employees, describes key aspects of employer-employee relations like communication and feedback, and explains the purpose and important components of employment contracts between employers and employees.
The document discusses key topics in human resource management including staffing the organization, developing the workforce, compensation and benefits, the legal context of HR, and dealing with organized labor and collective bargaining. It covers job analysis and forecasting labor supply for staffing, as well as recruiting, selecting, training, and evaluating employees. Compensation topics include wages, salaries, bonuses, and benefits. Legal issues around discrimination, equal employment opportunity, and workplace safety are also addressed. The document concludes by covering trends in unions, collective bargaining issues, and types of labor actions and dispute resolution.
Here are the key types of wage differentials:
1. Occupational/skill differentials: Wages vary based on the type of occupation, level of skill/experience required. Highly skilled jobs pay more.
2. Industrial differentials: Wages differ across industries based on supply/demand of labor, capital intensity, unionization etc. Mining pays more than retail.
3. Area/geographical differentials: Cost of living varies in different areas so wages are higher in urban/expensive areas compared to rural areas.
4. Interplant/intra-plant differentials: Wages may differ between plants of the same company or within departments of a plant based on profitability, technology used etc.
ETH 321 OUTLET Education Your Life--eth321outlet.comthomashard62
This document describes an assignment to analyze a legal dispute between two pizza companies, Dazzling Dough Co. and Jerry's Pizza, regarding a contract for pizza dough. Students are asked to prepare a strategic plan overview for Jerry's Pizza's board of directors that 1) summarizes the dispute and each party's interpretation of the contract, 2) proposes revisions to the contract language for clarity, and 3) provides recommendations for settling the dispute, including different options and alternative dispute resolution methods. Ethical considerations around enforcing contract terms are also to be discussed.
ETH 321 OUTLET Introduction Education--eth321outlet.comagathachristie280
This document provides the background and instructions for an assignment analyzing an alternative dispute resolution case study between Dazzling Dough Co. and Jerry's Pizza. Students are asked to prepare a strategic plan overview for Jerry's Pizza's board of directors that 1) summarizes the dispute between the two parties, 2) proposes revisions to the contract language to avoid future disputes, and 3) provides recommendations for settling the dispute and methods for preventing similar disputes going forward. The document also includes instructions for two other ethics assignments analyzing employment law issues.
ETH 321 RANK Achievement Education--eth321rank.comkopiko150
FOR MORE CLASSES VISIT
www.eth321rank.com
This Tutorial contains 2 Papers
The purpose of this assignment is to analyze and select an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior
This document summarizes a presentation on off-duty conduct, management, discipline, and dismissal given by Cody Yorke. It discusses recent cases of employees being disciplined or dismissed for inappropriate off-duty social media posts or other conduct. It outlines considerations for developing social media and other policies, and disciplining or dismissing employees for policy violations or conduct that harms the employer's reputation. The presentation also distinguishes between dismissal with just cause, requiring proven serious misconduct, and dismissal without cause, which provides notice or severance entitlements.
Union prevention training for operations and HR managers and supervisor. A detailed primer on recognizing union activity for what it is and how to prevent a successful organizing campaign. This is not "anti-union" but rather, pro-company in approach. The student will learn how a campaign begins, matures, and finishes and what happens after a campaign.
This document discusses employer-employee relationships and employment contracts. It defines employees as individuals who perform services for an organization in exchange for wages or salary, and employers as individuals or organizations that employ workers. The document outlines different types of employees, describes key aspects of employer-employee relations like communication and feedback, and explains the purpose and important components of employment contracts between employers and employees.
The document discusses key topics in human resource management including staffing the organization, developing the workforce, compensation and benefits, the legal context of HR, and dealing with organized labor and collective bargaining. It covers job analysis and forecasting labor supply for staffing, as well as recruiting, selecting, training, and evaluating employees. Compensation topics include wages, salaries, bonuses, and benefits. Legal issues around discrimination, equal employment opportunity, and workplace safety are also addressed. The document concludes by covering trends in unions, collective bargaining issues, and types of labor actions and dispute resolution.
Here are the key types of wage differentials:
1. Occupational/skill differentials: Wages vary based on the type of occupation, level of skill/experience required. Highly skilled jobs pay more.
2. Industrial differentials: Wages differ across industries based on supply/demand of labor, capital intensity, unionization etc. Mining pays more than retail.
3. Area/geographical differentials: Cost of living varies in different areas so wages are higher in urban/expensive areas compared to rural areas.
4. Interplant/intra-plant differentials: Wages may differ between plants of the same company or within departments of a plant based on profitability, technology used etc.
This document defines key terms related to labor relations such as labor relations, employer, and employee. It then discusses collective bargaining as a process where union representatives negotiate with management to determine wages, benefits, and work rules. The document outlines the collective bargaining process, which includes preparing, discussing issues, proposing options, bargaining, and reaching a settlement. It also discusses types of bargaining and issues typically addressed, such as wages, benefits, and administrative policies. Finally, it describes the functions of collective bargaining in facilitating social change and maintaining peace between labor and management.
Employers' Associations represent companies within an industry and provide services to members like research and influencing government policies. Trade Unions represent employees to protect their interests through collective bargaining on issues like pay, working conditions, and dealing with disputes. Large unions like Unison and TGWU represent over a million workers each. Collective bargaining allows trade unions to negotiate changes to working conditions with employers on behalf of employees.
The document is an employment law newsletter from the law firm Tharpe & Howell. It summarizes three legal cases related to mandatory arbitration clauses, safety programs impact on workers' compensation premiums, and penalties for misclassifying employees. It provides contacts for the firm's labor lawyers to discuss these issues.
This document discusses several topics relating to human resources and industrial relations, including:
1) The relationship between workers and employers, and the role of HR managers in ensuring harmony and compliance with changing laws.
2) The functions of trade unions in negotiating wages and resolutions on behalf of workers through collective bargaining, conciliation, arbitration, and direct actions like strikes.
3) The differences between collective agreements negotiated through bargaining between unions and employers, and awards which are set by state or federal governments for employees not covered by agreements.
Collective bargaining is a process of negotiation between employee representatives and employers to determine terms of employment such as wages, hours, and working conditions. It aims to reach agreements that are set out in collective bargaining agreements. The union may negotiate with a single employer or across an industry. Collective bargaining consists of negotiation over employment terms to reach a collective agreement that functions as an employment contract. It benefits employees through increased wages and protections, employers through resolving issues without individual complaints, and society through more harmonious labor relations and economic development.
This document discusses different types of collective bargaining:
- Distributive/conjunctive bargaining involves negotiations over economic issues like wages where one side wins and the other loses.
- Cooperative/integrative bargaining aims for win-win solutions where both sides meet each other's needs.
- Productivity bargaining links wages to productivity measures.
- Composite bargaining includes negotiations over work conditions in addition to wages.
- Concessionary bargaining occurs when unions give concessions to management, such as during an economic crisis, to save jobs.
Collective bargaining is a process of negotiation between employers and employee representatives, usually trade unions. It involves both parties making proposals on work conditions until an agreement is reached. Key aspects of collective bargaining include representing workers' interests, establishing rules for the workplace, and maintaining industrial peace. Successful collective bargaining requires mutual understanding, flexibility, and a problem-solving approach from both sides.
The document discusses employee relations and job design. Well-designed jobs that provide meaning, opportunities for growth, and job satisfaction can optimize employee productivity and satisfaction. Key aspects of job design include ensuring jobs are meaningful and needed by the organization, and providing an adequately resourced working environment.
Collective bargaining is a process of negotiation between employers and employee representatives, usually trade unions, aimed at reaching agreements to regulate working conditions. It allows both sides to agree on employment terms and resolve workplace issues, promoting industrial peace. Key aspects of collective bargaining include determining wages, benefits and other employment terms through representative negotiation rather than individual contracts. The main types of bargaining are distributive, focusing on allocating gains, and integrative, pursuing mutually beneficial solutions. Success depends on factors like the economic environment, attitudes of employers and employees, and government policy toward unions.
This document defines key concepts in industrial relations such as collective bargaining, grievances, and trade unions. It discusses the industrial relations system involving employers, employees/unions, and government agencies. The roles of trade unions are outlined as negotiating wages and conditions, regulating employee-employer relations, and representing members. The collective bargaining process and grievance procedure are also summarized in three phases and steps respectively. Finally, legal forms of industrial action like picketing and strikes are defined, as well as methods for settling disputes through negotiation, conciliation, and arbitration.
Labor relations and labor regulations in nepalNitesh Dubedi
The document discusses labour relations and regulations in Nepal. It begins by defining labour relations and its key concepts, objectives, and actors which include employees, trade unions, employers, and the government. It then defines trade unions, their functions, types, and reasons for joining them. Some of the key points covered include enhancing employee economic status and resolving industrial conflicts as objectives of labour relations. The document also outlines the collective bargaining process and causes and settlement provisions for labour disputes.
Collective bargaining is a process where the terms and conditions of employment are negotiated by workers' representatives and employers. It allows both parties to act as groups rather than individuals. There are three main concepts of collective bargaining: the marketing concept views workers as commodities for the market; the government concept sees it as a rule-making process; and the industrial relations concept focuses on participative decision-making between employers and employees. Collective bargaining establishes common ground between parties and helps determine wages, hours, and other terms of employment through bilateral negotiations.
This document provides an overview of collective bargaining. It defines collective bargaining as a type of negotiation used by employees to work with their employers. During collective bargaining, workers' representatives negotiate with the employer to reach a contract covering issues like hours, wages, benefits, and workplace rules. The final agreed-upon contract is called a collective bargaining agreement. The document then discusses the collective bargaining process, levels of collective bargaining (e.g. enterprise, sectoral), problems that can occur, and the importance of collective bargaining to employers, employees and society.
collective bargaining is something new concept in nursing administration, in which needs of nursing profession and education can be negotiated with the employer.
Trade union and Collective Bargaining?
-WHAT IS COLLECTIVE BARGAINING ?
-PROCESS OF COLLECTIVE BARGAINING
-ROLE OF TRADE UNIONS
-IMPORTANCE TO EMPLOYEES
-ADVANTAGES OF COLECTIVE BARGAINING
-COLLECTIVE BARGAINING IN INDIA
Collective bargaining is a process between employers and employees where they negotiate terms of employment such as pay, hours, and safety procedures. It aims to reach a collective agreement that regulates these conditions for a set time period. The objectives of collective bargaining include allowing workers to voice issues, facilitating mutually agreeable solutions to disputes, and developing stable labor relations. It is a formalized process typically involving negotiations between unions representing employees and employers or employer associations. Key aspects of collective bargaining include establishing ground rules, clarifying positions, bargaining and problem solving to reach agreements, and implementing finalized contracts.
This document discusses business process outsourcing (BPO), trade unions, and working conditions in the BPO industry in India. It provides an overview of BPO and what it involves, defines what a trade union is, lists some benefits and limitations of working in the BPO industry, and discusses issues like long working hours, high stress, lack of employee involvement, and the need for trade unions to advocate for workers' rights and interests.
Collective bargaining is a process of negotiation between employers and employee representatives, usually unions. It determines conditions of employment through discussion and compromise. The goal is to reach an agreement that benefits both parties. Key aspects of collective bargaining include establishing terms of employment, maintaining cooperative employer-employee relations, and resolving disputes through continuous good-faith negotiation.
Page 92 BUSINESS ETHICS, CORPORATE SOCIAL RESPONSIBILITY, CORP.docxalfred4lewis58146
The document discusses various ethical theories and frameworks that can be used to analyze business decisions and determine the ethically appropriate course of action. It describes rights theory, which focuses on respecting fundamental human rights, and Kantianism as a form of deontological rights theory. It also discusses justice theory, which considers the outcomes and effects on various stakeholders, and two consequentialist or teleological theories: utilitarianism, which evaluates actions based on their consequences and maximizing overall well-being, and profit maximization theory, which holds that profit-seeking within legal bounds is ethical for businesses.
For more classes visit
www.snaptutorial.com
LAW 531 Week 1 Practice Alternative Dispute Resolution
LAW 531 Week 2 Practice Business Entities
LAW 531 Week 3 Practice IRAC Review
LAW 531 Week 4 Practice Intellectual Property
This document defines key terms related to labor relations such as labor relations, employer, and employee. It then discusses collective bargaining as a process where union representatives negotiate with management to determine wages, benefits, and work rules. The document outlines the collective bargaining process, which includes preparing, discussing issues, proposing options, bargaining, and reaching a settlement. It also discusses types of bargaining and issues typically addressed, such as wages, benefits, and administrative policies. Finally, it describes the functions of collective bargaining in facilitating social change and maintaining peace between labor and management.
Employers' Associations represent companies within an industry and provide services to members like research and influencing government policies. Trade Unions represent employees to protect their interests through collective bargaining on issues like pay, working conditions, and dealing with disputes. Large unions like Unison and TGWU represent over a million workers each. Collective bargaining allows trade unions to negotiate changes to working conditions with employers on behalf of employees.
The document is an employment law newsletter from the law firm Tharpe & Howell. It summarizes three legal cases related to mandatory arbitration clauses, safety programs impact on workers' compensation premiums, and penalties for misclassifying employees. It provides contacts for the firm's labor lawyers to discuss these issues.
This document discusses several topics relating to human resources and industrial relations, including:
1) The relationship between workers and employers, and the role of HR managers in ensuring harmony and compliance with changing laws.
2) The functions of trade unions in negotiating wages and resolutions on behalf of workers through collective bargaining, conciliation, arbitration, and direct actions like strikes.
3) The differences between collective agreements negotiated through bargaining between unions and employers, and awards which are set by state or federal governments for employees not covered by agreements.
Collective bargaining is a process of negotiation between employee representatives and employers to determine terms of employment such as wages, hours, and working conditions. It aims to reach agreements that are set out in collective bargaining agreements. The union may negotiate with a single employer or across an industry. Collective bargaining consists of negotiation over employment terms to reach a collective agreement that functions as an employment contract. It benefits employees through increased wages and protections, employers through resolving issues without individual complaints, and society through more harmonious labor relations and economic development.
This document discusses different types of collective bargaining:
- Distributive/conjunctive bargaining involves negotiations over economic issues like wages where one side wins and the other loses.
- Cooperative/integrative bargaining aims for win-win solutions where both sides meet each other's needs.
- Productivity bargaining links wages to productivity measures.
- Composite bargaining includes negotiations over work conditions in addition to wages.
- Concessionary bargaining occurs when unions give concessions to management, such as during an economic crisis, to save jobs.
Collective bargaining is a process of negotiation between employers and employee representatives, usually trade unions. It involves both parties making proposals on work conditions until an agreement is reached. Key aspects of collective bargaining include representing workers' interests, establishing rules for the workplace, and maintaining industrial peace. Successful collective bargaining requires mutual understanding, flexibility, and a problem-solving approach from both sides.
The document discusses employee relations and job design. Well-designed jobs that provide meaning, opportunities for growth, and job satisfaction can optimize employee productivity and satisfaction. Key aspects of job design include ensuring jobs are meaningful and needed by the organization, and providing an adequately resourced working environment.
Collective bargaining is a process of negotiation between employers and employee representatives, usually trade unions, aimed at reaching agreements to regulate working conditions. It allows both sides to agree on employment terms and resolve workplace issues, promoting industrial peace. Key aspects of collective bargaining include determining wages, benefits and other employment terms through representative negotiation rather than individual contracts. The main types of bargaining are distributive, focusing on allocating gains, and integrative, pursuing mutually beneficial solutions. Success depends on factors like the economic environment, attitudes of employers and employees, and government policy toward unions.
This document defines key concepts in industrial relations such as collective bargaining, grievances, and trade unions. It discusses the industrial relations system involving employers, employees/unions, and government agencies. The roles of trade unions are outlined as negotiating wages and conditions, regulating employee-employer relations, and representing members. The collective bargaining process and grievance procedure are also summarized in three phases and steps respectively. Finally, legal forms of industrial action like picketing and strikes are defined, as well as methods for settling disputes through negotiation, conciliation, and arbitration.
Labor relations and labor regulations in nepalNitesh Dubedi
The document discusses labour relations and regulations in Nepal. It begins by defining labour relations and its key concepts, objectives, and actors which include employees, trade unions, employers, and the government. It then defines trade unions, their functions, types, and reasons for joining them. Some of the key points covered include enhancing employee economic status and resolving industrial conflicts as objectives of labour relations. The document also outlines the collective bargaining process and causes and settlement provisions for labour disputes.
Collective bargaining is a process where the terms and conditions of employment are negotiated by workers' representatives and employers. It allows both parties to act as groups rather than individuals. There are three main concepts of collective bargaining: the marketing concept views workers as commodities for the market; the government concept sees it as a rule-making process; and the industrial relations concept focuses on participative decision-making between employers and employees. Collective bargaining establishes common ground between parties and helps determine wages, hours, and other terms of employment through bilateral negotiations.
This document provides an overview of collective bargaining. It defines collective bargaining as a type of negotiation used by employees to work with their employers. During collective bargaining, workers' representatives negotiate with the employer to reach a contract covering issues like hours, wages, benefits, and workplace rules. The final agreed-upon contract is called a collective bargaining agreement. The document then discusses the collective bargaining process, levels of collective bargaining (e.g. enterprise, sectoral), problems that can occur, and the importance of collective bargaining to employers, employees and society.
collective bargaining is something new concept in nursing administration, in which needs of nursing profession and education can be negotiated with the employer.
Trade union and Collective Bargaining?
-WHAT IS COLLECTIVE BARGAINING ?
-PROCESS OF COLLECTIVE BARGAINING
-ROLE OF TRADE UNIONS
-IMPORTANCE TO EMPLOYEES
-ADVANTAGES OF COLECTIVE BARGAINING
-COLLECTIVE BARGAINING IN INDIA
Collective bargaining is a process between employers and employees where they negotiate terms of employment such as pay, hours, and safety procedures. It aims to reach a collective agreement that regulates these conditions for a set time period. The objectives of collective bargaining include allowing workers to voice issues, facilitating mutually agreeable solutions to disputes, and developing stable labor relations. It is a formalized process typically involving negotiations between unions representing employees and employers or employer associations. Key aspects of collective bargaining include establishing ground rules, clarifying positions, bargaining and problem solving to reach agreements, and implementing finalized contracts.
This document discusses business process outsourcing (BPO), trade unions, and working conditions in the BPO industry in India. It provides an overview of BPO and what it involves, defines what a trade union is, lists some benefits and limitations of working in the BPO industry, and discusses issues like long working hours, high stress, lack of employee involvement, and the need for trade unions to advocate for workers' rights and interests.
Collective bargaining is a process of negotiation between employers and employee representatives, usually unions. It determines conditions of employment through discussion and compromise. The goal is to reach an agreement that benefits both parties. Key aspects of collective bargaining include establishing terms of employment, maintaining cooperative employer-employee relations, and resolving disputes through continuous good-faith negotiation.
Page 92 BUSINESS ETHICS, CORPORATE SOCIAL RESPONSIBILITY, CORP.docxalfred4lewis58146
The document discusses various ethical theories and frameworks that can be used to analyze business decisions and determine the ethically appropriate course of action. It describes rights theory, which focuses on respecting fundamental human rights, and Kantianism as a form of deontological rights theory. It also discusses justice theory, which considers the outcomes and effects on various stakeholders, and two consequentialist or teleological theories: utilitarianism, which evaluates actions based on their consequences and maximizing overall well-being, and profit maximization theory, which holds that profit-seeking within legal bounds is ethical for businesses.
For more classes visit
www.snaptutorial.com
LAW 531 Week 1 Practice Alternative Dispute Resolution
LAW 531 Week 2 Practice Business Entities
LAW 531 Week 3 Practice IRAC Review
LAW 531 Week 4 Practice Intellectual Property
Read BoyarMiller's Six Ways to Better Manage Litigation and Your Business eGuide now for tips and insight from our team of attorneys with experience across industries, from oil and gas to real estate to private equity.
LAW 531 MART Education Counseling--law531mart.comKeatonJennings88
This document provides instructions and scenarios for multiple law assignments related to business law topics. It includes scenarios about a solar panel company called Solar Co. Inc. and instructions for students to complete assignments on litigation cost-benefit analysis, business forms and governance, tort and criminal law case briefs, contracts, employee handbooks, and regulatory compliance. Students are asked to analyze legal issues, compare different dispute resolution methods, draft policies, and address compliance with various business regulations. The document covers a range of foundational business law concepts and asks students to apply them to practical scenarios.
LAW 531 TUTOR Education Counseling--law531tutor.comKeatonJennings88
This document provides instructions and scenarios for multiple law assignments related to business law topics. It includes scenarios about a solar panel company called Solar Co. Inc. addressing issues like litigation cost-benefit analysis, business forms and governance, drafting employee handbook policies, and regulatory compliance. Students are asked to complete papers, presentations, and case briefs analyzing the legal issues raised in the scenarios based on concepts from the course materials. The assignments cover alternative dispute resolution, tort law, contracts, business entities, employment law, and securities regulation among other topics.
slides on understanding workplace ethics, what it affects, benefits of workplace ethics, slides on ethic codes, codes of conduct, values, ethic programs, required resources, two ethical styles, 3 steps to resolve ethical dilemmas and how to address ethical dilemmas, guidelines and slides on implementing ethic programs, detecting 6 key roles and responsibilities, guidelines for moral decision making, 10 common ethic code provisions, 15 slides on creating an effective code of conduct, and more.
The document discusses the need for companies to conduct compensation audits to ensure compliance with the Lilly Ledbetter Fair Pay Act and avoid potential lawsuits related to pay discrimination. It provides details on how compensation audits should be conducted, including reviewing policies, practices, job classifications, and analyzing compensation data to identify any patterns of inequities related to gender or race. The audit should be conducted under legal privilege and look at various factors that could influence pay, like experience, performance, and job responsibilities. At the end, risks should be identified and mitigation actions proposed to address issues and minimize future risks.
You are the manager of Acme Fireworks, a fireworks retailer who se.docxkenjordan97598
You are the manager of Acme Fireworks, a fireworks retailer who sells fireworks, puts on ground display fireworks, and large aerial display fireworks. The company started in the owner’s garage two years ago and now has 15 employees that you manage. The company started as a sole proprietorship, and the owner has never changed the entity. The owner has informed you that the company has received inquiries from several large businesses wondering if the company could create several fireworks displays on a regular basis. The owner told the inquirers that the company could fill such display orders, and a price per display was agreed upon. It was discussed that most of the cost for a fireworks display is for skilled labor, insurance, and the actual service of setting off the fireworks. No other details were discussed. The owner is anticipating that new employees will need to be hired, but he is worried that if the large orders for fireworks displays do not continue, the company will not have the funds to pay the new employees. The owner is now considering changing the business entity, but he does not know what entity to form or how to form it.
The owner has asked you to do the following:
· Determine if the contracts with the businesses will be governed by common law or the Uniform Commercial Code (UCC), and explain why.
· Analyze whether the owner formed a contract with the businesses, and apply the five essential elements of an enforceable contract.
· Explain the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display.
· Discuss the different employment types and relationships relevant to agency law, and analyze the advantages and disadvantages of each type specific to Acme Fireworks.
· Explain why Acme Fireworks should not operate as a sole proprietorship. Recommend a new business entity, and provide rationale to support your recommendation.
For each task, be sure to analyze the relevant law, apply the facts to the law, and make a conclusion.
The paper
· Must be 8 to 10 double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.)Links to an external site..
· Must include a separate title page with the following:
· Title of paper
· Student’s name
· Course name and number
· Instructor’s name
· Date submitted
· Must begin with an introductory paragraph that has a succinct thesis statement.
· Must address the topic of the paper with critical thought. That is, describe what your response is to the content, either positive or negative, and defend your position. If multiple options, alternatives, and/or positions are present and are being rejected, you must also defend the reasons for rejecting an option.
· Must end with a conclusion that reaffirms your thesis.
· Must include at least five scholarly sources, two of which must be from the Ashford University Library, in addition.
The document discusses business ethics and corporate social responsibility. It defines ethics as principles that outline appropriate moral behavior for individuals and organizations. Business ethics became more important in the 1980s as public criticism of corporate behavior rose. To restore trust, businesses need to punish wrongdoing, increase transparency, and hold people accountable beyond just legal compliance. Various factors like values, management, and the environment influence business ethics. The document also provides examples of ethical dilemmas and discusses approaches to improving ethics through codes of conduct and other measures.
This summary provides an overview of the MGMT 520 Weekly Assignments document:
- The document outlines weekly assignments for MGMT 520 that involve analyzing administrative regulations from federal or state agencies, completing a case brief from LexisNexis, and participating in a group discussion and individual project analyzing contract and employment law scenarios.
- For week 2, students must analyze a proposed administrative regulation, write public comments on the proposal, and discuss legal challenges that could be used to overturn the regulation.
- Week 3 involves using LexisNexis to brief a case and analyze subsequent cases that cited it as precedent.
- Week 4 is a graded group discussion analyzing a contract dispute between a data processing company
Chapter Introduction
Ditty_about_summer/ Shutterstock.com
Learning Objectives
The five Learning Objectives below are designed to help improve your understanding. After reading this chapter, you should be able to answer the following questions:
1. What are two different views of the role of business in society?
2. How do duty-based ethical standards differ from outcome-based ethical standards?
3. What is short-term profit maximization, and why does it lead to ethical problems?
4. What are the four steps in the IDDR approach to ethical decision making?
5. What ethical issues might arise in the context of global business transactions?
“New occasions teach new duties.”
James Russell Lowell 1819–1891 (American editor, poet, and diplomat)
One of the most complex issues that businesspersons and corporations face is ethics. Ethics is not as clearly defined as the law, and yet it can substantially impact a firm’s finances and reputation, especially when the firm is involved in a well-publicized scandal. Some scandals arise from conduct that is legal but ethically questionable. At other times, the conduct is both illegal and unethical. Business law and legal environment students must be able to think critically about both legal and ethical issues. As noted in the chapter-opening quotation, “New occasions teach new duties.”
Suppose that Finn Clayborn dropped out of Harvard University to start a company in Silicon Valley that developed and sold finger-prick blood-test kits. Clayborn raised millions from investors by claiming that his new technology would revolutionize blood testing by providing a full range of laboratory tests from a few drops of blood. The kits were marketed as a better alternative to traditional, more expensive lab tests ordered by physicians. They were sold at drugstores for a few dollars each and touted as a way for consumers to test their blood type and monitor their cholesterol, iron, and many other conditions. Within six years, Clayborn and his company were making millions. But complaints started rolling in that the test kits didn’t work and the results were not accurate (because more blood was needed). Numerous consumers, drugstores, and government agencies sued the company for fraudulent and misleading marketing practices. Clayborn’s profitable start-up now faces an uncertain future.
The goal of business ethics is not to stifle innovation. There is nothing unethical about a company selling an idea or technology that is still being developed. In fact, that’s exactly what many successful start-ups do—take a promising idea and develop it into a reality. But businesspersons also need to consider what will happen if new technologies do not work. Do they go ahead with production and sales? What are the ethical problems with putting a product on the market that does not function as advertised? To be sure, there is not always one clear answer to an ethical question. What is clear is that rushing to production and not thinking through ...
LAW 531 TUTOR Lessons in Excellence / law531tutor.comkopiko41
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Purpose of Assignment Law impacts how business operations perform. With globalization, the law's impact and corresponding business risks have grown. The student will learn to consider how and when a business risk should
LAW 531 TUTOR Education Counseling / law531tutor.comkopiko75
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Purpose of Assignment Law impacts how business operations perform. With globalization, the law's impact and corresponding business risks have grown. The student will learn
IntroductionYour course project for this term is to write a 6-8 pa.docxBHANU281672
This document outlines a course project on employment discrimination that has three parts. Part 1 involves answering questions about employment discrimination law. Part 2 requires analyzing a US Supreme Court case dealing with employment discrimination. Part 3 involves researching a pending bill regarding employment law and answering questions about it. The document provides details on the requirements for each part, including referencing relevant legal sources and using APA format.
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Purpose of Assignment Law impacts how business operations perform. With globalization, the law's impact and corresponding business risks have grown. The student
LAW 531 TUTOR Education for Service--law531tutor.commamata38
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Purpose of Assignment Law impacts how business operations perform. With globalization, the law's impact and corresponding business risks have grown. The student will learn to consider how and when a business risk should be pursued under traditional litigation
This document outlines several assignments for a business law course. The first assignment asks students to analyze how the US legal system affects a chosen business or industry, examine litigation risks, and compare alternative dispute resolution methods to traditional litigation for an international business dispute. The second assignment involves analyzing potential torts committed in scenarios involving competitors' statements and an employee breach of contract. The third outlines a presentation on different business forms and governance strategies to minimize director liability.
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ETH 321 STUDY Redefined Education--eth321study.com
1. ETH 321 Assignment Week 1 Alternative Dispute Resolution
(ADR) Ethics and Risk Management Study (Dazzling Dough
Co. Vs Jerry’s Pizza) (2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to analyze and select an appropriate
method of alternative dispute resolution (ADR) for a business dispute,
to examine unethical business behavior, and to develop risk
management procedures to avoid or reduce claims and litigation.
Read the following scenario:
Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of
the restaurants buy at least 150 pounds of pizza dough from Dazzling
Dough Co. in each order. Jerry's Pizza contacted Dazzling Dough Co. to
2. purchase 200 pounds of pizza dough, along with some other items.
Dazzling Dough Co. sent Jerry's Pizza a written contract, prepared by
Dazzling Dough Co.'s lawyer, stating that "Jerry's Pizza agrees to
purchase 200 pounds of pizza dough, pizza toppings, desserts and soft
drinks for $30,000." Jerry's Pizza signed and returned the contract.
A few days later, Dazzling Dough Co. sent Jerry's Pizza 125 pounds of
pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks.
Jerry's Pizza contacted Dazzling Dough Co. about the error in the
contract and demanded an extra 75 pounds of pizza dough. Dazzling
Dough Co. said there was no error, that Jerry's Pizza signed the contract
so they agreed to the terms, and it was not sending the extra pizza
dough.
After several attempts to resolve the dispute and a pressing need for
dough, Jerry's Pizza terminated the contract and sent Dazzling Dough
Co. a check for $15,000 for the 125 pounds of pizza dough, pizza
toppings, desserts and soft drinks. Jerry's Pizza immediately purchased
75 pounds of pizza dough from another company for $12,000. Both
parties are threatening to sue each other for breach of contract. They
prefer to resolve the dispute out of court because the contract contains
a clause that awards reimbursement of attorney's fees to the winning
party.
The board of directors of Jerry's Pizza scheduled a meeting with you
and other senior management at the company to discuss the dispute.
3. You'll need to prepare a strategic plan overview (an abbreviated
strategic plan, not a full plan) for the board that explains why there is a
dispute, suggests various settlement proposals, and provides
recommendations on how Jerry's Pizza can avoid this kind of dispute in
the future.
Prepare a 525- to 875-word strategic plan overview to resolve the legal
dispute for the board (use the bullet point headings provided below to
format your overview) addressing the following:
Summary of Dispute
Identify the source of the dispute.
Identify each party's interpretation of the contract language.
Identify whether each party's interpretation is reasonable.
Identify any missing facts that would be helpful to know in order to
resolve the dispute.
Proposed Revisions to Contract Language
4. Recommend specific revisions to the contract's language so that it is
clear what Jerry's Pizza expected to buy and what Dazzling Dough Co. is
required to deliver.
Ethical Considerations
Explain the ethical considerations for a company to enforce specific
terms of a contract against another company if the other company is
mistaken about what was agreed to. Discuss the factors that should be
considered.
Recommendations
Two to three possible settlement options (e.g., pay for the disputed
dough, reduce the amount of dough to be purchased, split the
difference, refuse to pay, etc.)
Two to three methods of dispute resolution (e.g., negotiation,
mediation, arbitration, litigation, etc.) that Jerry's Pizza can propose to
Dazzling Dough Co.
5. ==============================================
ETH 321 Assignment Week 2 Assignment Legal Duties Of
Corporate Directors And Officers (Fitzgerald Foods Company
Policy Document) (2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to explain the legal duties imposed on
corporate directors and officers, to determine whether a director or
officer has violated his or her legal duties to the corporation, and to
evaluate how a violation of such duties may negatively affect the
corporation and its shareholders.
Read the following scenario.
6. Fitzgerald Foods is a food processing corporation. In the past year,
three directors were forced to leave Fitzgerald Foods after it was
discovered the directors breached their legal duties to the corporation.
Two of the directors were also officers of the corporation. The
chairman of the board at Fitzgerald Foods is concerned that the
remaining directors don't understand their legal duties to the
corporation and that new directors won't understand their duties
either.
You are the chief executive officer (CEO) of the corporation. The
chairman of the board asked you to work with the corporation's legal
counsel to make a company policy document for directors and officers
about their legal duties to the corporation.
paper must be a 700- to 1,050 word company policy (template
provided) for Fitzgerald Foods' directors and officers completing the
following:
Legal Duties of Directors and Officers (a heading from policy document)
Explain the legal duties of directors and officers to the corporation,
including the "business judgment rule."
Benefits of Compliance (a heading from policy document)
Discuss the benefits of compliance for Fitzgerald Foods.
7. Consequences of Noncompliance (a heading from policy document)
Analyze how unethical activity by a director or officer can lead to a
violation of a legal duty owed to the corporation.
Provide a brief example from a news article or court case within the last
three years that demonstrates corporate director or officer liability in
the United States.
Recommend separately (not a heading on the policy document) to the
chairman of the board in 45 to 90 words at least two business risk
management procedures that Fitzgerald Foods can adopt in the future
to avoid violations of legal duties by its directors and officers.
Use the Fitzgerald Foods Company Policy template as a guide for your
policy document.
Search the internet for examples of completed policy documents using
the following search parameters: policy document example, policy
document template, policy document format, policy document sample,
or any variation you choose. An example may assist you to make your
policy document.
Cite a minimum of two references according to APA guidelines.
==============================================
8. ETH 321 Assignment Week 3 Individual Signature Assignment-
Employee Classification and Discrimination (Dream Massage)
(2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to evaluate different types of
employment relationships and potential discriminatory employment
policies from an ethical standpoint.
Read the following scenario.
Janice was hired by Dream Massage to be a massage therapist. She is
engaged as an independent contractor and, therefore, receives no tax
withholding or employment benefits. Dream Massage requires Janice
to work a set schedule, provides her with clients and all her massage
9. products, and exercises complete control over how Janice does her
work. In addition, when Janice shows up to work the first day, she is
informed by Dream Massage that she cannot wear her hijab as it
violates the company's dress code policy.
The owner of Dream Massage comes to you, a human resources (HR)
consultant, to find out if Janice is properly classified as an independent
contractor and if there is potential liability concerning the hijab.
Create a 700- to 1,050-word HR report for Dream Massage in which you
examine the employment issues presented in the scenario.
Include the following:
Analyze whether Janice qualifies as an employee or should be classified
as an independent contractor.
Discuss whether Dream Massage has potentially violated any
employment discrimination laws.
Analyze ethical considerations associated with the maintenance of a
rigid company dress policy.
Cite a minimum of three references.
Format your paper consistent with APA guidelines.
10. ==============================================
ETH 321 Assignment Week 3 Team Assignment Sexual
Harassment Education for Managers (2 Papers)
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The purpose of this assignment is to define sexual harassment in the
workplace and its negative effect on employees and the business, to
analyze the requirements for a sexual harassment claim, to develop
methods that a business can adopt to reduce or eliminate sexual
harassment claims and litigation, and to assess liability based on the
form of business entity.
11. Read the following scenario. High-profile sexual harassment scandals,
such as allegations against Bill Cosby, Harvey Weinstein of the
Weinstein Company, and Bill O'Reilly and Roger Aisles of Fox News, are
changing the landscape of workplace sexual harassment claims and
litigation.
Conduct a roundtable discussion (in person, web conference, or via e-
mail, text, etc.) with your Learning Team members regarding sexual
harassment as a growing ethical and legal concern for businesses today.
Each Learning Team member must be prepared to discuss each topic.
Assign a group moderator to keep the discussions on track. Your
discussion should last at least 45 minutes to one hour and include the
following:
•Define sexual harassment and discuss applicable law (such as the Civil
Rights Act of 1964). How does the state law in your state address sexual
harassment?
12. •Discuss a recent sexual harassment claim in the news and whether
media coverage is beneficial or detrimental to reporting and reducing
sexual harassment claims in the workplace. Should sexual harassment
claims be addressed publicly or handled privately?
•Explain the ethical and legal considerations of a business protecting its
employees (the accuser, the accused, and other employees in the
company) while a workplace sexual harassment investigation is
underway. Does your answer change if the allegation is a widely known
scandal-making front page news?
•Compare the sexual harassment liability of a business entity that is a
sole proprietorship with an entity that is a corporation.
13. •Recommend risk management procedures a business can implement
to avoid or reduce sexual harassment claims from occurring in the
workplace.
==============================================
ETH 321 Assignment Week 4 Individual Trade secret theft
study (Futuretek) (2 PPT)
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This Tutorial contains 2 Presentations
Read the following scenario.
Futuretek sells high-tech computer chips and software to smartphone
manufacturers worldwide. Futuretek maintains two software
databases: one containing Futuretek's customer list with nonpublic
contact information for key personnel, and the other containing
14. customer purchasing trends. The information in the two databases is
available for employees to view and use in connection with their job
duties.
Dana is a computer programmer for Futuretek. Dana plans to run her
own company one day and design and sell her own computer chips to
smartphone companies. As an employee, she has access to the two
databases containing Futuretek's key purchaser and purchasing trends
information.
Dana decides to leave Futuretek and start her own computer chip
business. Before she leaves, she makes a copy of the two databases on
a portable hard drive. Dana uses the information to contact Futuretek's
customers and offer them cheaper, but comparable, computer chips
manufactured by Dana's new company, SmartChip.
Futuretek becomes aware of Dana's actions and asks you, the chief
operations officer, for advice and recommendations on what to do.
Determine whether Dana has taken Futuretek's intellectual property
(IP), and if so, describe the type(s) of IP that was taken.
15. Explain any civil actions in tort or criminal actions that may be brought
against Dana or SmartChip.
Assume Futuretek sues SmartChip, and Futuretek wins the lawsuit.
Recommend ethical policies that SmartChip can put into place to
prevent future legal claims and litigation against the company.
Recommend risk management procedures that Futuretek can
implement to avoid or limit this type of activity from happening to the
company in the future.
==============================================
ETH 321 Assignment Week 4 Team Internet-Based-Contracting
Issues Paper (Great Buys) (1200 Words)
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The purpose of this assignment is to analyze internet-based contracting
issues, such as online contract formation; to determine the
requirements for performance and breach of online contracts; and to
develop enforceable methods for dispute resolution.
16. Read the following scenario.
Great Buys is an internet-based company headquartered in New York
that sells household electronics to consumers in the United States. The
management team at Great Buys has some concerns about its online
contracting process.
• Great Buys isn't sure it has a binding contract with its customers
because the contract is completely online and in electronic format.
• Customers have argued they are not bound to the online contract
because there's no handwritten "pen and ink" signature.
• Great Buys also wants to know if any international laws will apply
when the company starts selling its electronic products internationally.
• Great Buys has been sued in different state courts all over the
country, and it would like to know if an arbitration clause requiring that
arbitration be conducted in New York City will be enforceable.
17. • Finally, Great Buys wants one or two suggestions for improving its
internal business procedures so that customer product complaints
don't turn into contract-related claims or lawsuits.
Great Buys' management team asks you, the company's contract
manager, to work with your team and address their concerns.
Prepare a 500 word report (excluding cover and reference pages) for
Great Buys that addresses all of the company's concerns above. Your
Learning Team should determine how to allocate tasks among the
members (do not submit reports by individual Learning Team
members).
Cite a minimum of two references.
18. Format your assignment according to APA citation guidelines (for audio
or video option above or presentation option above) or APA formatting
guidelines (for report option above).
==============================================
ETH 321 Assignment Week 4 Team Internet-Based-
Contracting Issues Presentation (Great Buys)
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The purpose of this assignment is to analyze internet-based contracting
issues, such as online contract formation; to determine the
requirements for performance and breach of online contracts; and to
develop enforceable methods for dispute resolution.
Read the following scenario.
19. Great Buys is an internet-based company headquartered in New York
that sells household electronics to consumers in the United States. The
management team at Great Buys has some concerns about its online
contracting process.
• Great Buys isn't sure it has a binding contract with its customers
because the contract is completely online and in electronic format.
• Customers have argued they are not bound to the online contract
because there's no handwritten "pen and ink" signature.
• Great Buys also wants to know if any international laws will apply
when the company starts selling its electronic products internationally.
• Great Buys has been sued in different state courts all over the
country, and it would like to know if an arbitration clause requiring that
arbitration be conducted in New York City will be enforceable.
• Finally, Great Buys wants one or two suggestions for improving its
internal business procedures so that customer product complaints
don't turn into contract-related claims or lawsuits.
20. Great Buys' management team asks you, the company's contract
manager, to work with your team and address their concerns.
Prepare a 500 word report (excluding cover and reference pages) for
Great Buys that addresses all of the company's concerns above. Your
Learning Team should determine how to allocate tasks among the
members (do not submit reports by individual Learning Team
members).
Cite a minimum of two references.
Format your assignment according to APA citation guidelines (for audio
or video option above or presentation option above) or APA formatting
guidelines (for report option above).
21. ==============================================
ETH 321 Assignment Week 5 Securities and International
Regulatory Agencies
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The purpose of this assignment is to analyze the effect of domestic and
international regulatory agencies and court systems on business
transactions and dispute resolution.
Read the following scenario:
You are the CEO of Bonner, a U.S.-based farm equipment corporation.
Bonner recently announced the release of an innovative new tractor
with technology based on a patented invention developed by Bonner's
engineers. Bonner's vice president, who is aware of the upcoming
product offering, bought 100,000 shares of Bonner stock prior to the
announcement. You found out about the vice president's stock
purchase on the day of the announcement.
22. One week after the announcement, Bonner received a letter from a
German farm equipment corporation, accusing Bonner of patent
infringement based on the new tractor's technology.
Bonner's board of directors asked you to assess the vice president's
liability for the stock purchase and the company's options for resolving
the German corporation's patent infringement claim.
Prepare an infographic for the board (e.g., Piktochart®, Publisher,
Glogster®, Microsoft® PowerPoint®, etc.) in which you discuss the
following:
Compare the resolution of the patent dispute in a U.S. court with the
resolution of the dispute using the World Intellectual Property
Organization's (WIPO) dispute resolution program. Search the internet
to review WIPO's dispute resolution program. (Information about
WIPO's dispute resolution program may be located on their website by
searching the Internet for WIPO).
Assess the liability of Bonner's vice president for purchasing the
corporation's stock prior to the announcement of the new tractor.
Assess whether Bonner has any legal or ethical duties to disclose the
stock purchase, and if so, to whom?
23. Discuss risk management procedures Bonner can adopt to avoid or
reduce situations like these from happening in the future.
Create a 350- to 525-word letter in response to the German farm
equipment company in which you:
Explain why Bonner is the owner of the invention
Discuss the intellectual property rights owned by Bonner in the
invention
Suggest a method of dispute resolution (e.g., arbitration, mediation,
litigation, WIPO dispute resolution), why that method would be
desirable for resolving the dispute, and how and where the dispute
resolution should be held (United States, foreign country, online, etc.).
Cite a minimum of two references.
Format your assignment according to APA guidelines.
==============================================
ETH 321 AssignmentWeek 1 Family-Owned Business Memo
(mom and pop Grocery Store) (2 Papers)
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This Tutorial contains 2 Papers
Read the following scenario.
A family-owned business can have special complications. The line
separating family relationships and legal responsibilities can be unclear.
It is important for directors, officers, and owners of a family-owned
business to be aware of the issues to avoid misunderstandings and
unintended liability and to preserve familial relationships.
You are a consultant advising a "mom and pop" grocery store owned by
Jeff and Joan, a married couple, and their two adult children, Martha
and Henry. The grocery store operates under a subchapter S
corporation. Jeff and Joan as a couple own 70% of the corporation's
25. shares, and Martha and Henry each own 15% of the shares. Jeff, Joan,
and Martha are directors of the corporation, and Henry is the
corporation's chief executive officer (CEO).
Create a minimum 700-word client memorandum (memo) addressing
the following:
Explain the legal duties that Jeff and Joan, as majority shareholders,
have to Henry and Martha as minority shareholders. What are their
duties to Henry (an owner) as directors of the corporation?
Define the types of ethical duties Jeff, Joan, Martha, and Henry have to
each other as owners of the company. What about as family members?
Provide suggested steps the family can take to abide by their legal
duties as directors and officers, yet still preserve relationships between
family members.
Click on Office Templates and use the following search parameter:
memorandum.
26. Format your paper consistent with APA Guidelines. You must use APA
formatted headings to add organization to your paper. Use bold and
centered first-level headings, and put second-level headings in bold at
the left margin. Capitalize all major words in both headings and
eliminate italics. Have a Summary or Conclusion first-level heading.
Cite to the textbook and a minimum of two peer-reviewed sources
within your paper and they must also be identified in your APA
correctly formatted References Page.
Support your position/answers using legal terms, definitions and
concepts found in this week's course materials.
Format your paper so that all paragraphs have a minimum of three
sentences.
28. ETH 321 Assignment Week 1 Alternative Dispute Resolution (ADR)
Ethics and Risk Management Study (Dazzling Dough Co. Vs Jerry’s Pizza)
(2 Papers)
ETH 321 Assignment Week 1 Family-Owned Business Memo (mom and
pop Grocery Store) (2 Papers)
ETH 321 Assignment Week 2 Assignment Legal Duties Of Corporate
Directors And Officers (Fitzgerald Foods Company Policy Document) (2
Papers)
ETH 321 Assignment Week 3 Individual Signature Assignment-Employee
Classification and Discrimination (Dream Massage) (2 Papers)
29. ETH 321 Assignment Week 3 Team Assignment Sexual Harassment
Education for Managers (2 Papers)
ETH 321 Assignment Week 4 Individual Trade secret theft study
(Futuretek) (2 PPT)
ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues
Paper (Great Buys) (1200 Words)
ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues
Presentation (Great Buys)
30. ETH 321 Assignment Week 5 Securities and International Regulatory
Agencies
ETH 321 Week 2 Quiz
==============================================
ETH 321 Final Exam Guide (Aug 2018)
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ETH 321 Week Five Final Exam Answers
1) The usual measure of damages for a breach of sales
contracts is the difference between the contract price and the
________.
31. A) current market price of the goods
B) market price at the time of contract
C) market price at the time of breach
D) current cost price of the goods
2) The most common remedy for a breach of contract is an award of
________.
A) injunctions
B) substitute contracts
C) reformations
32. D) monetary damages
3) Which of the following statements is true of the NAFTA?
A) It allows a member country to reimpose tariffs if imports are hurting
that country's economy or its workers.
B) It disallows any special protection being extended to specific
industries.
C) It disallows NAFTA members from trading with other countries
unless a unanimous permission is obtained.
D) It has been hailed by economists to be a perfect example of a free
trade pact.
33. 4) Under the ________ rule, a contract with an intoxicated person is
voidable only if the person was so intoxicated when the contract was
entered into that he or she was incapable of understanding or
comprehending the nature of the transaction.
A) validation
B) exclusionary
C) force majeure
D) majority
5) What is the significance of the age of majority in relation to legal
contracts?
A) People below the age of majority can directly enter into lawful
contracts.
34. B) Mentally incompetent persons need to achieve the age of majority in
order to enter into a legal contract.
C) It is the age above which people of capacity can enter into a legal
contract.
D) Minors who have entered the age of majority require his or her
parents or guardian's consent to enter into a legal contract with adults.
6) Which of the following is a difference between acceptance and
revocation?
35. A) Revocation is valid only if the offeree receives it, while an offeree's
acceptance is valid when dispatched.
B) Revocation can be done by the offeror or offeree, while an
acceptance can only be done by the offeree.
C) An acceptance must be received by the offeror to be valid, while a
revocation need not be received by the offeree.
D) A revocation can be made after acceptance, while an acceptance
cannot be made after revocation.
7) Which of the following is true of the Uniform Commercial Code
(UCC)?
A) The UCC has never been amended since it was first drafted.
B) The UCC is not considered as law, but rather as a guide to lawyers
and judges.
36. C) The provisions of the UCC normally take precedence over the
common law of contracts.
D) The UCC has been adopted in its entirety by all states.
8) Which of the following isone of the four basic requirements for
contract formation and enforcement?
A) A promise must be supported by a signed written document and an
advance payment.
B) The parties must have contractual capacity.
C) The object of the contract must be ethical.
D) Both parties to the contract must be at least 21 years old.
37. 9) Making false statements about a competitor's products, services,
property, or business reputation could make a company liable for
________.
A) invasion of the right to privacy
B) tort of appropriation
C) disparagement
D) misappropriation of the right to publicity
10) Which of the following is true of merchant protection statutes?
A) They allow merchants to detain shoplifters without being held liable
for false imprisonment.
38. B) They allow merchants to detain suspects for as long as the
merchants deem necessary.
C) They allow merchants to interrogate suspected shoplifters using
forceful, coercive methods.
D) They allow merchants to exact reasonable payments from suspects
as a punitive measure.
11) Which of the following statements is true of battery?
A) It is considered an unintentional tort that the law considers to be
trivial in nature.
B) It is a legally sanctioned use of force on a particular individual.
C) It is considered an act of negligence on the part of the perpetrator.
39. D) It entails harmful and unauthorized contact between victim and
perpetrator.
12) Which of the following is true of the Age Discrimination in
Employment Act (ADEA)?
A) Private plaintiffs cannot sue under the ADEA.
B) Persons under 40 are not protected by the ADEA.
C) Employees need to be a minimum of 55 years of age to be protected
by the ADEA.
D) Discrimination in certain employment decisions, like hiring, is
permitted under the ADEA.
40. 13) If a state enacts a law that increases its tax on imported
automobiles but not on American-made automobiles, it violates the
________ of the U.S. Constitution.
A) Equal Protection Clause
B) Foreign Commerce Clause
C) Supremacy Clause
D) Due Process Clause
14) Which of the following is true of religious discrimination under Title
VII?
A) Only monotheistic religions are covered under Title VII.
41. B) An employer should reasonably accommodate religious observances
or practices of its employees at the workplace.
C) An employee who claims religious discrimination cannot sue the
employer for any other violation of Title VII.
D) Religious organizations cannot give preference in employment to
individuals of a particular religion.
15) Which of the following is true of the right to sue letter issued by the
EEOC?
A) It is issued when the EEOC chooses to bring suit.
B) It is issued when the EEOC does not find a violation.
C) It is issued when the complainant is found guilty.
D) It is issued only when the discrimination is racial in nature.
42. 16) Which of the following statements is true of child labor regulations
adopted by the Department of Labor?
A) Children between the ages of 14 and 15 may work unlimited hours in
nonhazardous jobs.
B) Children between the ages of 16 and 17 may work limited hours in
hazardous jobs.
C) Children under the age of 14 may work limited hours in
nonhazardous jobs.
D) Children employed in agriculture have no time or work restriction.
17) Which of the following is true of workers' compensation?
43. A) Families of workers cannot claim workers' compensation despite the
death of the worker.
B) Workers' compensation is only awarded for injuries resulting from
the job.
C) The claim for workers' compensation must be filed with the
employer.
D) Workers' compensation is a fixed amount throughout the country.
18) Under Title VII of the Civil Rights Act, if a supervisor harasses an
employee but no tangible employment action is taken, then ________.
A) the employer is strictly liable for the harassing supervisor's conduct
B) the employer cannot raise a defense to avoid liability
44. C) the employer is vicariously liable unless it can prove affirmative
defense
D) the rules of employer liability are the same as they would be if the
harassing employee was a coworker
19) Which of the following is true of Good Samaritan laws?
A) They relieve doctors from liability for ordinary negligence when they
render aid to victims in emergency situations.
B) They exempt doctors from liability for gross negligence when they
render aid to victims in emergency situations.
C) They absolve doctors from liability for injuries caused by reckless
conduct when they render aid to victims in emergency situations.
D) They free doctors from liability for injuries caused by intentional
conduct when they render aid to victims in emergency situations.
45. 20) In order to use the defense of assumption of risk, the defendant has
to prove that the plaintiff ________.
A) assumed there was no risk involved and entered into the activity that
injured him or her
B) was injured after the defendant's liability for the risk ended
C) was injured in an activity that had no risk of any manner
D) had knowledge of the specific risk and voluntarily presumed the risk
46. 21) A ________ program allows a person who provides information
that leads to a successful SEC action in which more than $1 million is
recovered to receive 10 percent to 30 percent of the money collected.
A) whistleblower bounty
B) security bounty
C) surveillance bounty
D) defense bounty
22) Price fixing ________.
47. A) is a reasonable violation of Section 1 of the Sherman Act
B) is a process seen exclusively among sellers of goods and services
C) is permissible as it helps consumers or protects competitors from
ruinous competition
D) also involves fixing the quantity of a product or service to be
produced or provided
23) Conscious parallelism is seen when ________.
48. A) parties at different levels enter into an agreement to adhere to a
price schedule that stabilizes prices
B) one party makes an independent choice not to deal with another
C) two or more firms act the same but no concerted action is shown
D) a party's anticompetitive effects outweigh their procompetitive
effects
24) Which of the following best describes quid pro quo sex
discrimination?
A) employment discrimination because of pregnancy, childbirth or
related medical conditions
49. B) discrimination where sexual favors are requested in order to obtain a
job or be promoted
C) discrimination in hiring or promotion based on the gender of the
employee under consideration
D) selective or partial treatment offered to an employee or a group of
employees based on their gender
25) The plaintiff in a product liability lawsuit has suffered $100,000
worth of damages from an automobile accident. A defect in
manufacture of the plaintiff's vehicle is found to be 60 percent
responsible for the accident, while the plaintiff's own negligence is 40
percent responsible. Under the doctrine of comparative negligence,
how much would the defendant–the manufacturer of the vehicle–have
to pay the plaintiff in damages?
A) $60,000
50. B) $40,000
C) $100,000
D) The defendant would not have to pay any amount in damages.
26) A(n) ________ refers to a document that an issuer of securities files
with the SEC that contains required information about the issuer, the
securities to be issued, and other relevant information.
A) organization statement
B) operating statement
C) registration statement
51. D) certificate of interest
27) Which of the following is true of registration statements?
A) A registration statement must be accompanied by financial
statements certified by certified public accountants.
B) A registration statement once submitted cannot be amended.
52. C) The SEC judges the merits of the securities based on the registration
statement.
D) The registration statement need not reveal how a company plans on
using the proceeds from the offering.
28) Lori just purchased a brand new lawnmower for $500. When she
got home and tried to use it, it would not work. She became angry and
shouted, "I'd sell this thing for $50." Her neighbor heard her and said,
"I'll take it," and offered Lori the $50 in cash. Which of the following
best describes this situation?
A) This is an enforceable bilateral contract.
B) This is an express contract.
53. C) This situation does not result in the creation of a contract.
D) Contract formation in this case depends on whether the neighbor
subjectively thought Lori was serious.
29) Jorge, a fork-lift truck operator for retail chain Hansridges, was
injured when the fork-lift he was operating toppled over. The fork-lift
truck was manufactured and maintained by Ionic Machines, Inc. As he
was covered by workers' compensation insurance, he could recover
workers' compensation benefits. However, it was later found that the
fork-lift truck was not designed to be used to lift as much weight as
Ionic Machines claimed it could. Which of the following statements is
Jorge's course of action?
A) He can sue Hansridges for injuries suffered during employment.
B) He can sue Hansridges for hazardous work environment.
54. C) He can sue Ionic Machines for damages.
D) He cannot sue anyone as he has already received workers'
compensation.
30) What color is an Orange?
A) Maize
B) Blue
C) Maize & Blue
D) Orange
Answer: D
55. ==============================================
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1
Which of the following statements is true of a grand jury?
A grand jury has the authority to subpoena business records relevant to
a lawsuit.
A grand jury determines whether the accused in a lawsuit is innocent or
guilty.
At least 20 members should be present on a grand jury to examine
evidences and vote on a case.
For an indictment to be returned, only one-third of a grand jury needs to
agree that a crime has been committed.
56. 2
Alan and Miriam are engaged in a debate on the importance of
intellectual property rights. While Alan holds the view that intellectual
property protection safeguards the interests of businesses, Miriam
thinks that it ultimately puts businesses at a disadvantage by
hampering the dissemination of information. Which of the following
arguments is most likely to be raised by Alan to strengthen his
proposition?
Intellectual property rights reduce the pace of research and
development drastically.
Intellectual property rights result in an increased availability of
products.
Intellectual property rights reduce businesses’ market share by
facilitating competition.
Intellectual property rights allow businesses to charge premium prices
for their products.
3
57. According to the __________, the acceptance of an offer results in a
binding contract only if it exactly matches the terms of the offer.
mirror image rule
parol evidence rule
exclusive remedy rule
mailbox rule
4
The __________ enacted in 1938 established minimum wage, overtime
pay, and record-keeping requirements.
Uniformed Services Employment and Reemployment Rights Act
Family and Medical Leave Act
Fair Labor Standards Act
58. Worker Adjustment and Retraining Notification Act
5
The term __________ refers to the placing of an individual in immediate
apprehension for his or her physical safety.
defamation
conversion
assault
battery
6
The term __________ refers to any change in the ownership of a
business organization that would alter its legal existence.
dissolution
consideration
59. rescission
conversion
7
Which of the following statements is true of the Securities and Exchange
Commission?
Its members are appointed by the senate for a term of four years.
It is responsible for implementing the federal securities laws.
It lacks the authority to frame rules regarding transactions of securities.
Its members are either lawyers or security analysts.
8
A system of equally applied law is a necessity for the foundation of a
strong, productive economy because it:
allows economically strong nations to exploit the resources of weaker
nations.
60. incentivizes private businesses to restrict job opportunities for well-
educated people.
encourages strangers to make agreements on certainty and trust.
prohibits individuals from trading in modern private markets.
9
Which of the following scenarios illustrates a formalist approach to
business decisions?
Selling products by deceiving customers about possible negative aspects
of the products
Monitoring employee browsing history without their consent to curb
non-productive activities
Informing new customers about delays in production schedules
Assigning significantly high productivity targets to reduce costs
10
61. A(n) __________ refers to the individual or business entity offering a
security for sale to the public.
controlling person
seller
issuer
underwriter
11
Windy and Ruby plan to present a paper on intellectual property rights.
They decide that Windy will present the arguments in favor of
intellectual property rights and that Ruby will argue how intellectual
property rights could be detrimental to businesses and their customers.
Which of the following is most likely to be Ruby’s argument?
Intellectual property rights reduce businesses’ prospects of economic
return on investment.
Intellectual property rights reduce the pace of research and
development drastically.
62. Intellectual property rights result in a decrease in the availability of
products.
Intellectual property rights do not allow businesses to charge premium
prices for their products.
12
Which of the following statements is true of white-collar crimes?
They are usually committed for personal financial gain.
They rarely affect consumers of a business.
They rarely occur in business environments.
They are dependent on the threat of physical force.
13
Which of the following scenarios illustrates a bilateral contract?
Grapevine Inc. follows a five-day workweek system and also offers a
compressed workweek option.
63. Sameera, a writer, signs a contract with her publisher to publish her
book.
Helen, a painter, signs a contract with an art gallery that agrees to
purchase her painting for $2000.
The management of Uno Inc. offers additional benefits to its employees
annually.
question14
The Equal Employment Opportunity Commission was created through
the __________.
National Labor Relations Act
Civil Rights Act
Age Discrimination in Employment Act
Americans with Disabilities Act
15
64. Concerted efforts to lobby government officials, irrespective of their
anticompetitive purposes, are given an exception from the Sherman Act
under the __________.
overbreadth doctrine
Colgate doctrine
Noerr-Pennington doctrine
incorporation doctrine
16
A __________ is the simplest and least expensive business institution to
create.
limited liability company
partnership
sole proprietorship
65. corporation
17
In a state court system, lawsuits filed by parties typically begin at the
__________.
federal district court level
appellate court level
trial court level
supreme court level
18
According to the Commerce Clause, the power to regulate interstate
commerce is vested with __________.
state governments
state-level courts
66. the federal government
the U.S. Supreme Court
19
A business decision maker’s decision is more likely to raise ethical
concerns in a society where:
there is an increase in demand for public education.
the family structure is stable.
the news media and the Internet have significant influence.
there is a decrease in economic interdependence.
20
How does law hold diverse people of different backgrounds into large,
organized groups?
It prevents enforcement institutions from enforcing written rules on
strangers.
67. It tells the members of a society what they can and cannot do.
It discourages people from making agreements based on certainty and
trust.
It allows strangers to adopt rules that support their beliefs.
21
Courts determine whether the language of an offer was clear enough to
result in a contract by:
examining the objective intent of the offeror.
investigating whether an offeree actually accepted the offer.
examining the adequacy of the consideration offered.
analyzing whether the terms of the acceptance matches the terms of
the offer.
22
Who among the following individuals commits a battery?
68. Amanda, who fires her employee Trevor without any notice and causes
him severe mental distress
Yuki, who injures her boss Reese with a knife and inflicts serious injuries
on him
Joan, the customer care manager in a retail store, who verbally
threatens a customer who calls to complain about a faulty product
Vincent, the CEO of Gregon Inc., who pays media firms to circulate false
information about Gregon’s chief competitor
23
Fuzo Inc., a manufacturer of leather bags, enters into a contract with a
firm regarding the installation of a machine in Fuzo’s factory. Fuzo
agrees to pay $1000 for the machine and another $200 as the
installation charge. In this scenario, the terms of the sale will be covered
under __________.
the Federal Arbitration Act
the Uniform Commercial Code
69. the Foreign Corrupt Practices Act
the Internal Revenue Code
24
The term __________ refers to the act of referring a matter to
arbitration.
submission
settlement
litigation
conflict
25
__________ is a legal remedy to a breach of contract by which each
party to the contract returns the consideration offered by the other.
Arbitration
70. Specific performance
Negotiated settlement
Rescission
26
Which of the following statements is true of alternative dispute
resolution (ADR) systems?
ADR systems increase the costs incurred during the litigation process.
The parties to a dispute need not present the case to a jury before
opting for ADR systems to settle the dispute.
ADR systems cannot be used for dispute resolution in contractual
relationships unless they are specified in the contract.
The litigation process precludes the use of ADR systems.
27
The __________ is the constitutional provision that details the federal
government’s power to regulate business activities.
71. Commerce Clause
liquidated damages clause
equal protection clause
supremacy clause
question
28
Which of the following legal remedies to a breach of contract allows the
parties to the contract to agree to abide by the decision of a third party
or parties?
Arbitration
Specific performance
Negotiated settlement
72. Rescission
29
__________ refers to an agreement made between competitors in an
industry to fix prices of their products.
Horizontal price fixing
Resale price fixing
Indirect price fixing
Vertical price fixing
30
The petition for a writ of certiorari by the losing party of a litigation will
be reviewed by the U.S. Supreme Court:
if the winning party agrees to subsequent reviews.
if the federal district courts and the courts of appeal correct the judicial
errors charged against the state court.
73. if at least one of the nine justices vote to take the case.
if there is a major conflict between the trial and appellate courts on the
interpretation of federal law.
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Civil enforcement powers regarding federal antitrust matters belong to
_______.
•
the Treasury Department
•
the Department of Revenue and Taxation
•
the FTC and the Department of Justice
•
74. the Department of Labor
Which of the following is true of tort law?
•
It protects people from being tried twice for the same crime.
•
Tort law typically deals with breach of contract.
•
It provides compensation to those workers who have been injured on
the job.
•
It sets limits on how people can act and use their resources.
Fred takes Betty to dinner at a very expensive and exclusive restaurant.
The menu does not mention prices. The server takes their order and
both Betty and Fred enjoy the meal immensely. When the bill comes,
Fred refuses to pay because the menu had no prices and because he and
the server never engaged in language indicating and offer and
acceptance. The server said, “Are you ready to order?” and when Fred
said “Yes,” the server merely asked “What may I get you tonight?”
Which of the following is true?
75. •
Fred must pay based on an implied-in-fact contract theory.
•
Fred must pay based on a promissory estoppel theory.
•
Fred must pay based on expressed contract theory.
•
Fred is correct because no contract was formed.
Which of the following statements is true of the WARN Act?
•
It requires employers to give notice to an “at will” employee that he/she
is being fired.
•
It requires employers to give notice to employees that they are being
subjected to polygraph tests.
•
It requires employers to give notice to employees that an unscheduled
drug test will be conducted for all employees.
•
It requires employers to give notice of a scheduled mass layoff.
76. _____________ jurisprudence supports the idea that law can and
should change to meet new developments in society.
•
Sociological
•
Natural
•
Historical
•
Positive law
Which of the following is true of the assumption of risks during delivery
of goods?
•
The buyer is responsible for damages to goods when the seller is about
to transfer for shipment.
•
The seller is liable for any damages incurred to the goods during
shipment.
•
77. The buyer is liable for any damages incurred to the goods during
shipment.
•
The seller is always responsible for shipping the goods to the buyer.
A 911 emergency response service needs operators who are bilingual in
English and Spanish. A few applicants of Spanish origin are rejected due
to poor English-speaking skills. They file a complaint on the grounds of
discrimination based on nationality. Their complaint is squashed. Here,
the defense of the federal government is on the grounds of _______.
•
inculpatory evidence
•
circumstantial evidence
•
bona fide occupational qualifications
•
exclusionary rule
Article 6 of the Treaty on European Union, called the Maastricht Treaty,
states the EU is founded on:
• private markets
78. • rule of law
• specific performance
•stare decisis
Interpreting Congressional intent, which of the following is never a bona
fide occupational qualification (BFOQ)?
•Race
•National origin
•
Sex
•Religion
Ethical formalists maintain that:
•
the good of the many always supersedes the good of the few.
•
harm to an individual is allowable as long as it serves a greater good.
•
harm to individual rights is never justified by an increase in
organizational or common good.
79. •
values are situational and change based on circumstance.
The classification of crime is based on ________.
•
punishment imposed if convicted
•
prior record
•
location
• the judge's prerogative
Which of the following issues of administrative agencies relates to the
substantive outcome of agencies’ rule-making and adjudicating
authority?
•
The administrative process is overwhelmed with paperwork and
meetings.
•
Enforcement of some laws varies over time.
•
80. The reward system usually does not make a significant distinction
between excellent, mediocre, and poor performance.
•
It is very difficult to discharge unsatisfactory employees.
Which of the following is true of the use of alternative dispute
resolution (ADR) techniques?
•
Disputing parties can agree to use an ADR technique after the dispute
arises.
•
ADR techniques are ineffective once the pretrial process has begun.
•
Disputing parties cannot use an ADR technique not specified in the
original agreement.
•
Disputing parties must begin a lawsuit to use any form of ADR.
The crucial issue with the continuity factor of a business’s
organizational form is _______.
81. •
the method by which the business can be dissolved
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ETH 321 Final Exam Guide (New, June 2018)
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1) The usual measure of damages for a breach of sales contracts is the
difference between the contract price and the ________.
A) current market price of the goods
B) market price at the time of contract
82. C) market price at the time of breach
D) current cost price of the goods
2) The most common remedy for a breach of contract is an award of
________.
A) injunctions
B) substitute contracts
C) reformations
D) monetary damages
83. 3) Which of the following statements is true of the NAFTA?
A) It allows a member country to reimpose tariffs if imports are hurting
that country's economy or its workers.
B) It disallows any special protection being extended to specific
industries.
C) It disallows NAFTA members from trading with other countries
unless a unanimous permission is obtained.
D) It has been hailed by economists to be a perfect example of a free
trade pact.
4) Under the ________ rule, a contract with an intoxicated person is
voidable only if the person was so intoxicated when the contract was
84. entered into that he or she was incapable of understanding or
comprehending the nature of the transaction.
A) validation
B) exclusionary
C) force majeure
D) majority
85. 5) What is the significance of the age of majority in relation to legal
contracts?
A) People below the age of majority can directly enter into lawful
contracts.
B) Mentally incompetent persons need to achieve the age of majority in
order to enter into a legal contract.
C) It is the age above which people of capacity can enter into a legal
contract.
D) Minors who have entered the age of majority require his or her
parents or guardian's consent to enter into a legal contract with adults.
86. 6) Which of the following is a difference between acceptance and
revocation?
A) Revocation is valid only if the offeree receives it, while an offeree's
acceptance is valid when dispatched.
B) Revocation can be done by the offeror or offeree, while an
acceptance can only be done by the offeree.
C) An acceptance must be received by the offeror to be valid, while a
revocation need not be received by the offeree.
D) A revocation can be made after acceptance, while an acceptance
cannot be made after revocation.
7) Which of the following is true of the Uniform Commercial Code
(UCC)?
87. A) The UCC has never been amended since it was first drafted.
B) The UCC is not considered as law, but rather as a guide to lawyers
and judges.
C) The provisions of the UCC normally take precedence over the
common law of contracts.
D) The UCC has been adopted in its entirety by all states.
8) Which of the following is one of the four basic requirements for
contract formation and enforcement?
A) A promise must be supported by a signed written document and an
advance payment.
88. B) The parties must have contractual capacity.
C) The object of the contract must be ethical.
D) Both parties to the contract must be at least 21 years old.
9) Making false statements about a competitor's products, services,
property, or business reputation could make a company liable for
________.
A) invasion of the right to privacy
B) tort of appropriation
89. C) disparagement
D) misappropriation of the right to publicity
10) Which of the following is true of merchant protection statutes?
A) They allow merchants to detain shoplifters without being held liable
for false imprisonment.
B) They allow merchants to detain suspects for as long as the
merchants deem necessary.
C) They allow merchants to interrogate suspected shoplifters using
forceful, coercive methods.
90. D) They allow merchants to exact reasonable payments from suspects
as a punitive measure.
11) Which of the following statements is true of battery?
A) It is considered an unintentional tort that the law considers to be
trivial in nature.
B) It is a legally sanctioned use of force on a particular individual.
C) It is considered an act of negligence on the part of the perpetrator.
D) It entails harmful and unauthorized contact between victim and
perpetrator.
91. 12) Which of the following is true of the Age Discrimination in
Employment Act (ADEA)?
A) Private plaintiffs cannot sue under the ADEA.
B) Persons under 40 are not protected by the ADEA.
C) Employees need to be a minimum of 55 years of age to be protected
by the ADEA.
D) Discrimination in certain employment decisions, like hiring, is
permitted under the ADEA.
13) If a state enacts a law that increases its tax on imported
automobiles but not on American-made automobiles, it violates the
________ of the U.S. Constitution.
92. A) Equal Protection Clause
B) Foreign Commerce Clause
C) Supremacy Clause
D) Due Process Clause
14) Which of the following is true of religious discrimination under Title
VII?
A) Only monotheistic religions are covered under Title VII.
93. B) An employer should reasonably accommodate religious observances
or practices of its employees at the workplace.
C) An employee who claims religious discrimination cannot sue the
employer for any other violation of Title VII.
D) Religious organizations cannot give preference in employment to
individuals of a particular religion.
15) Which of the following is true of the right to sue letter issued by the
EEOC?
A) It is issued when the EEOC chooses to bring suit.
B) It is issued when the EEOC does not find a violation.
C) It is issued when the complainant is found guilty.
94. D) It is issued only when the discrimination is racial in nature.
16) Which of the following statements is true of child labor regulations
adopted by the Department of Labor?
A) Children between the ages of 14 and 15 may work unlimited hours in
nonhazardous jobs.
B) Children between the ages of 16 and 17 may work limited hours in
hazardous jobs.
C) Children under the age of 14 may work limited hours in
nonhazardous jobs.
D) Children employed in agriculture have no time or work restriction.
95. 17) Which of the following is true of workers' compensation?
A) Families of workers cannot claim workers' compensation despite the
death of the worker.
B) Workers' compensation is only awarded for injuries resulting from
the job.
C) The claim for workers' compensation must be filed with the
employer.
D) Workers' compensation is a fixed amount throughout the country.
18) Under Title VII of the Civil Rights Act, if a supervisor harasses an
employee but no tangible employment action is taken, then ________.
96. A) the employer is strictly liable for the harassing supervisor's conduct
B) the employer cannot raise a defense to avoid liability
C) the employer is vicariously liable unless it can prove affirmative
defense
D) the rules of employer liability are the same as they would be if the
harassing employee was a coworker
19) Which of the following is true of Good Samaritan laws?
A) They relieve doctors from liability for ordinary negligence when they
render aid to victims in emergency situations.
97. B) They exempt doctors from liability for gross negligence when they
render aid to victims in emergency situations.
C) They absolve doctors from liability for injuries caused by reckless
conduct when they render aid to victims in emergency situations.
D) They free doctors from liability for injuries caused by intentional
conduct when they render aid to victims in emergency situations.
20) What color is an Orange?
A) Maize
B) Blue
C) Maize & Blue
98. D) Orange
==============================================
ETH 321 Week 1 DQ
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Why should a company care about Ethics?
What are some positives of the Common Law?
What is the deference between Venue and Jurisdiction?
Give examples of each one.
The 5th Amendment requires the government to act with Due
Diligence. What does that mean?
99. What is the difference between Binding Arbitration and Mediation?
What are some pros of ADR vs. Litigation?
==============================================
ETH 321 Week 1 Individual Assignment Laws and Ethics
Paper (2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to differentiate between law and
ethics, understand how both affect today's business environment, and
identify the importance of alternative dispute resolution in business.
Assignment Steps
Develop a 1,050-word summary contrasting law and ethics describing
the following:
100. Describe how laws or regulations affect your past or current job or
industry.
Describe how ethical rules affect your past or current job or industry
and explain why ethics are considered an asset to a workplace.
Discuss the various types of alternative dispute resolution (ADR) and
analyze which types of ADRs are regularly used in your workplace.
Cite a minimum of two peer-reviewed references.
Format your paper consistent with APA guidelines
==============================================
ETH 321 Week 1 Individual Assignment Role and Functions
of Law Paper (2 Papers)
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This Tutorial contains 2 Papers
Write a 700- to 1,050-word paper in which you discuss the roles of law
and courts in today's business environment.
Differentiate the federal court structure with your state's court
structure.
101. Discuss the concept of judicial review.
Explain how laws or regulations affect your present job or industry.
Properly cite at least two references from your reading.
Cite your research and format your paper consistent with APA
guidelines.
Click the Assignment Files tab to submit your assignment.
==============================================
ETH 321 Week 1 Knowledge Check
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1.What has been one of the focus areas of law in the United States over
the past few decades?
2.Identify the true statement about the role of law in the United States.
3.Which of the following is one of the purposes of law today?
4.Identify the true statement about the American judiciary.
5.What is the function of an appellate court?
6.Identify the courts that conduct primary trials for issues that involve
federal matters such as federal regulations and statutes. The courts also
102. hear a range of matters and provide decisions that are binding only on
the parties involved.
7.What is true about arbitration as an alternative form of dispute
resolution?
8.Sigma Inc. and Beta LLC. are two companies involved in a dispute.
Both companies have agreed to appoint a third party, an attorney, to
listen to their arguments and help them reach an agreement. The third
party, however, will not render any kind of decision for the two parties
involved. What type of alternative form of dispute resolution is being
used by Sigma Inc. and Beta LLC.?
9.In certain cases, the legal issues involve the intricacies of a specific
industry or profession. In such cases, which type of alternative dispute
resolution is used in which a neutral professional is hired to assess and
evaluate facts and arguments. The professional is expected to come up
with an appropriate solution or recommendation. The professional
could also collect more information, if required, for the case.
==============================================
ETH 321 Week 2 Assignment Business Torts and
Intellectual Property (Sam ABC Paper Corp)
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Purpose of Assignment
The purpose of this assignment is to identify the form of intellectual
property outlined, and to examine the different types of torts
committed.
Assignment Steps
Scenario: Sam is an employee of ABC Paper Corp. He signed a non-
disclosure agreement as a condition of his employment with ABC. Sam
is approached by XYZ Paper Co. with an offer of employment, but only if
he brings his client list with him. Sam was fully responsible for creating
his client list, so he agrees to provide it to XYZ. When Sam downloads
his client list onto an external flash drive, he is caught in the act by his
boss Natalie. Sam grabs the flash drive and runs out of his office,
shoving Natalie aside when she attempts to stop him. Natalie falls and
hits her head against the doorknob, suffering a concussion.
Develop a 1,050-word analysis using the information posed in the
scenario.
Identify if there is an intellectual property at issue here. If so, what
type?
Discuss if Sam's actions are ethical. Why or why not?
Discuss the types of tort, if any, Sam committed. Did any of the other
parties in this scenario commit a tort?
Discuss if any of Sam's actions subject him to criminal liability.
Cite a minimum of three peer-reviewed references.
Format your paper consistent with APA guidelines.
104. Click the Assignment Files tab to submit your assignment
==============================================
ETH 321 Week 2 DQ 1
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ETH/321
Discussion Questions: Week Two
Explain the required elements for each of the three types of torts:
Intentional, Negligence & Strict Liability
What are some of the differences between a Paten and a Trade Secret?
Why would a company select one over the other?
UTSA is a state law. To get a patent, one must publicly disclose
everything about it to the
105. USPTO making it easy to steal it. What can a patent owner do about
infringement?
What Laws protect computer information? Could be either federal or
state.
What are some specific examples of business crimes? What is the
required burden of proof for such crimes?
Comment Regarding Inside Trading Example:
Torts also award damages for made up harms. Called Pain &Suffering +
Punitive Damages. Why do companies hate both?
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ETH 321 Week 2 Individual Assignment Business Torts And
Ethics Paper (2 Papers)
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106. www.eth321study.com
This Tutorial contains 2 Papers
You own University Heights Apartments, a business that rents primarily
to students. One evening, your tenant Sharon is attacked by an intruder
who forces the lock on the sliding glass door of her ground-floor
apartment. Sharon's screams attract the attention of Darryl, your
resident manager, who comes to Sharon's aid. Together, Darryl and
Sharon drive the intruder off, but not before they both are badly cut by
the intruder.
Write a paper of 700- to 1,050-words answering the questions posed by
this scenario.
Is the intruder liable for what he has done? Why or why not?
Do you have legal responsibilities to Sharon and Darryl? Why or why
not?
Do you have ethical responsibilities to Sharon and Darryl? Explain. If
there are ethical responsibilities, what are they?
What should you do to prevent or mitigate such risks?
Cite to at least four scholarly references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment
107. ==============================================
ETH 321 Week 2 Knowledge Check
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1.
Identify the true statement about a claim of defamation.
2.
Who among the following is given absolute privilege or immunity
against defamation?
3.
Delta Inc. has filed a lawsuit against one of its new franchisees for
providing false information about the amount of its profits it would give
to Delta every month. Delta has also ascertained that the incorrect
information caused pecuniary damages to Delta as well as damages to
its reputation. What type of business tort is illustrated in the scenario?
108. 4.
What is likely to make a plaintiff's case stronger in a negligence
lawsuit?
5.
In cases of negligence, what is one problem in applying the but for test?
6.
Which doctrine allows a plaintiff to presume that a defendant caused
certain damages without describing exactly how the defendant
behaved?
7.
What is true about strict liability?
8.
Venus Corp. is a building demolition company that produces large
quantities of plastic explosives, which are stored in its warehouses.
These warehouses are typically insulated and protected against
damage. However, one day, a worker unintentionally causes an
109. explosion in one of the warehouses, damaging buildings around it and
causing injury to some individuals in the area. Which type of liability will
a court most likely impose on Venus Corp.?
9.
Identify the basis upon which strict liability is imposed on a company for
damages caused in the event of an incident.
10.
Omega Inc. has filed a lawsuit against one of its employees. This
employee has been transferring monthly sums of company money into
his personal account. He has been simultaneously altering the
company's financial records to indicate that the money is still in the
company account. What kind of white collar crime is illustrated in the
scenario?
11.
Identify the white collar crime that involves a fraudulent entity
attracting investors, offering them high returns, and paying these
110. returns, not from profits, but from investments made by subsequent
investors.
12.
Choose the correct statement about white collar crimes in the United
States.
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ETH 321 Week 2 Quiz
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1) Which of the following statements is true of states' police power?
A) Police power restricts states from regulating interstate commerce,
although it happens within their borders.
111. B) The states are allowed to regulate army activities within their
borders.
C) They are given the authority to enact laws that regulate the conduct
of business.
D) The police force of a state is controlled by the federal police
department.
2) Which of the following statements is true about the arbitration
procedure?
A) When one party seeks to enforce an arbitration clause, it must give
notice to the other party.
B) In the event of nonbinding arbitration, the decision and award of the
arbitrator cannot be appealed to the courts.
C) In the event of binding arbitration, the decision and award of the
arbitrator can be appealed to the courts.
112. D) No new evidence, witness, or testimony can be introduced during
the arbitration procedure.
3) The first ten amendments to the U.S. Constitution are collectively
known as the ________.
A) Due Process Clause
B) Privileges Clause
C) Bill of Rights
D) Articles of Confederation
113. 4) The ________ requires that the government give a person proper
notice and hearing of legal action before that person is deprived of his
or her life, liberty, or property.
A) procedural due process
B) substantive due process
C) Supremacy Clause
D) Equal Protection Clause
5) ________ is a general rule of corporate law that provides that
generally shareholders are liable only to the extent of their capital
contributions for the debts and obligations of their corporation and are
not personally liable for the debts and obligations of the corporation.
A) Limited-purpose clause
114. B) Limited liability of shareholders
C) Preferred shareholder rule
D) Nonparticipating shareholder rule
6) Judges for federal courts are selected ________.
A) by election by the voters within the state where they preside
B) by the president, subject to confirmation by the Senate
C) by the U.S. Supreme Court justices
D) by the sitting federal judges within the same circuit
115. 7) Which of the following statements is true of the U.S. Supreme Court?
A) The U.S. Supreme Court's decisions are appealable.
B) The U.S. Supreme Court hears appeals only from the federal circuit
courts of appeals.
C) The U.S. Supreme Court does not hear any new evidence or
testimony in reviewed cases.
D) The U.S. Supreme Court does not grant any oral hearings to the
parties.
8) Jill wins a lawsuit against Terry in the Wyoming state court. The court
passes a judgment for Terry to pay $20,000 to Jill. Immediately after
the case is settled, Terry moves to Colorado, where she owns a house,
and refuses to pay Jill the money. Which of the following is the best
course of action for Jill?
116. A) file a lawsuit against Terry in a Colorado state court to enforce the
Wyoming court judgment
B) file another case against Terry in the Wyoming state court to collect
the money against Terry's property
C) file a case against Terry in Wyoming to force Terry to sell her house
in Colorado to pay the money
D) file a case in the Colorado federal court as this qualifies as a federal
question case
9) Which of the following is true of LLC taxation?
A) An LLC is taxed as a corporation in all general cases.
B) An LLC can be taxed only as a partnership.
C) Members of an LLC are subject to double taxation.
117. D) An LLC is not taxed at the entity level.
10) A panel of persons who are elected by the shareholders that make
policy decisions concerning the operation of a corporation is known as
________.
A) legal aides
B) cartel
C) consortium
D) board of directors
11) Which of the following is a function of the state supreme courts?
118. A) conducting trials related to misdemeanor criminal law
B) hearing appeals from intermediate appellate state courts and certain
trial courts
C) conducting trials related to felonies and civil disputes
D) reviewing the judgments and records of the lower courts and
ratifying them
119. 12) According to priority, which of the following claimants is the last to
be paid after assets have been liquidated of a corporation?
A) creditors
B) common stockholders
C) preferred shareholders
D) bond holders
13) Which of the following is true about dividends?
A) Cash or property dividends, once declared, can be revoked.
B) Officers of the corporation may opt to retain profits for corporate
purposes instead of as dividends.
120. C) Shareholders can sue to recover undeclared and paid dividends.
D) Dividends are paid at the discretion of the board of directors.
14) Which of the following is true of an S corporation?
A) The corporation can have no more than 100 shareholders.
B) Only foreign corporations can be an S corporation.
C) They are taxed at the corporate level.
D) The corporation must be a member of an affiliated group of
corporations.
121. 15) Which of the following policies helps a corporate officer from being
sued for honest mistakes made on behalf of a corporation?
A) duty of loyalty
B) duty of obedience
C) business judgment rule
D) self-dealing
16) The Sarbanes-Oxley Act officially applies only to a ________
corporation.
A) close
B) nonprofit
122. C) public
D) noncommercial
17) An LLC differs from a sole proprietorship in that it ________.
A) gives nonmanager members rights to manage a manager-managed
LLC's business affairs
B) is less complex and costly to form than a sole proprietorship
C) can be owned by one owner in most states and can thus obtain
limited liability
D) requires at least one member who is personally liable for the
obligations of the partnership
123. 18) Owners of a corporation who elect the board of directors and vote
on fundamental changes in the corporation are known as ________.
A) spectators
B) shareholders
C) electors
D) associates
19) Which of the following is true of liabilities of LLCs?
A) Members of the LLC are liable to the extent of their capital
contribution.
B) Managers of LLCs are personally liable for the debts, obligations, and
liabilities of the LLC.
124. C) LLCs are not liable for any loss or injury caused by their employees.
D) LLCs are not liable for losses caused due to negligence of their
managers during the ordinary course of business.
20) How are the justices of the U.S. Supreme Court appointed?
A) They are nominated by the President and confirmed by the Senate.
B) They are directly appointed by the President of the United States.
C) They are nominated and confirmed by the Chief Justice of the
Supreme Court.
D) They are nominated by the Associate Justices and confirmed by the
Chief Justice.
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125. ETH 321 Week 2 Team Assignment Torts And Ethics
Presentation (2 PPT)
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This Tutorial contains 2 PPT
Create an 8- to 10-slide Microsoft® PowerPoint® presentation in which
your team members include the following:
Summarize the key points of the Business Torts and Ethics Individual
assignment
Defend your collective findings and conclusions
Discuss the different types of torts that may arise in a business situation
Click the Assignment Files tab to submit your assignment.
==============================================
ETH 321 Week 3 Assignment Business Forms and Silent
Partnership (2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to select the best organizational form,
and to discuss ethical concerns with the business scenario.
Assignment Steps
Scenario: Adam and Laura wish to open a pet grooming shop called
Dazzling Doggies Day Spa. Laura’s mother Beth would like to contribute
the startup costs in exchange for a share of profits, but she doesn’t
want to participate in the daily operations of the business. She also
doesn’t want to have any personal liability in the business.
Develop a 350- to 700-word summary with the following information:
Which business organizational form would be best given the above
circumstances, and why?
Unbeknownst to Laura and Beth, Adam begins to use Dazzling Doggies
Day Spa’s checking account to pay all his personal bills. Are his actions
ethical? Why or why not?
Cite a minimum of two peer-reviewed references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.
127. ==============================================
ETH 321 Week 3 DQs
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Does an oral contract have to be in writing to be enforced? Think:
Statute of Frauds.
What is the penalty for failure to satisfy the SOF?
Two types of law govern contracts: The Common Law of Contracts &
Article 2 of the Uniform Commercial Code. What do they each cover?
Which one follows the Mirror Image Rule?
What is the MIR?
And why does it matter?
What about Equitable Remedies?
128. What are the elements of an enforceable contract?
Why is the LLC the best form for a small business to use? Taxes,
Flexibility of ownership
Liability & Administrative Burdens.
What is Limited Liability? What is Double Taxation?
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ETH 321 Week 3 Individual Assignment Business Forms
Worksheet (2 Sheet)
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This Tutorial contains Sheet on several Form of Business
129. Complete the Business Forms Worksheet.
Click the Assignment Files tab to submit your assignment.
There are seven forms of business: sole proprietorship, partnership,
limited liability partnership, limited liability company (including the
single member LLC), S Corporation, Franchise, and Corporation.
1. Select one of the forms of business
2. Research and provide three advantages and three disadvantages
for this business form.
Provide a 100- to200-word summary in which you provide an example
business for each form. Discuss at least one of the advantages and one
of the disadvantages of that form and potential legal forms that might
be required.
==============================================
ETH 321 Week 3 Knowledge Check
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1.
130. In which case is an offer irrevocable?
2.
What does the mailbox rule, in the context of common law contracts,
state?
3.
Which of the following meets the consideration requirement of
contracts?
4.
When does fraudulent misrepresentation occur in the context of
contracts?
5.
Mr. Sanchez is a 70-year-old man with Parkinson’s disease. Jennifer, a
full-time nurse, has been taking care of him for over four years. Mr.
Sanchez depends on Jennifer and considers her to be a trustworthy
caregiver. However, Jennifer informs Mr. Sanchez that she can no
longer be his caregiver unless he promises to leave his estate to her in
his will. Since Mr. Sanchez does not have anyone else to care for him,
he accepts this agreement. Under which condition would a court of law
allow Mr. Sanchez to void this agreement?
131. 6.
Which defense can be used when one party to an agreement threatens
violence against another party to the agreement to persuade the latter
to modify the agreement?
7.
What is true about the statute of frauds for common law contracts?
8.
According to the statute of frauds, what is one component that is
consistently required for a contract to be valid?
9.
To which of the following common law contracts will the statue of
frauds best apply?
10.
Gadgetbug Corp. and Alba Inc. are two companies that have entered
into a contract. According to the terms of this contract, if any one party
breaches the contract, it will pay the nonbreaching party a fixed
132. amount of $50,000. What type of remedy for contract breaches is best
illustrated in the scenario?
11.
In the context of remedies to breach of contract, what is true about
compensatory damages?
12.
Identify the type of remedy for contract breaches in which a
nonbreaching party also recovers damages for foreseeable indirect
losses.
13.
Identify the type of equitable remedy in which a court orders a party to
refrain from taking a particular action.
14.
Adrian, who runs a café, has a contract with Mariam, who is a supplier.
The contract states that Mariam will provide hundred cartons of cocoa
powder to Adrian every week for a set price. However, after making the
contract, Mariam realizes that there is an error in it. The price is much
lower than had been agreed. Mariam decides to have the terms of
133. contract changed. The court rules that the price term of the contract be
revised. What type of remedy is illustrated in the scenario?
15.
What is true about specific performance as an equitable remedy for
contract breaches?
16.
What is true about the formation of a sole proprietorship?
17.
Identify the true statement about general partnerships.
18.
Anita and Sameera own a salon together. Anita manages the business
and takes management decisions herself. On the other hand, Sameera
has only invested capital in the business. According to the agreement,
Anita assumes responsibility for all the debts and liabilities of the salon,
but Sameera is liable only for the amount that she contributed to the
business. What type of business form is illustrated in the scenario,
assuming necessary documents are filed with the appropriate
jurisdiction?
134. 19.
Which statement is true in the context of limited liability companies
(LLCs)?
21.
Which of the following business firms is most likely to be a limited
liability partnership (LLP)?
22.
Which of the following statements is true about corporations?
23.
What is one of the characteristics of a typical privately held
corporation?
24.
Identify the true statement about corporations.
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