This document provides solutions to 40 questions for a law school final exam. It addresses a range of legal topics including torts, contracts, employment law, intellectual property, and environmental law. Specific issues covered include premises liability, product disparagement, employment discrimination, workplace safety regulations, and patent restrictions.
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"Uber case" on Arbitration - UNITED STATES COURT OF APPEALS FOR THE NINTH CIR...Nikolai Rebelo
Check 28 pages opinion, in which the Court of Appeals for the Ninth Circuit held in favor of Uber, sending most of the claims between the company and the drivers to arbitration. The only issue that may still remain in courts is the "California Private AttorneyGeneral Act (“PAGA”) claim".
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Immediate access to solutions for ENTIRE COURSES, FINAL EXAMS and HOMEWORKS “RATED A+" - Without Registration!
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"Uber case" on Arbitration - UNITED STATES COURT OF APPEALS FOR THE NINTH CIR...Nikolai Rebelo
Check 28 pages opinion, in which the Court of Appeals for the Ninth Circuit held in favor of Uber, sending most of the claims between the company and the drivers to arbitration. The only issue that may still remain in courts is the "California Private AttorneyGeneral Act (“PAGA”) claim".
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Recorded on May 23, 2012 - Contracts made by telephone or mail are called remote agreements and are subject to Ontario's Consumer Protection Act, 2002. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone and mail remote agreements: what must be included in the agreement, what the seller or vendor cannot do, and where to turn if the agreement is not fulfilled.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/telephone-and-mail-agreements
An Introductory presentation regarding Corporate Accountability in Canada, specifically regarding the mining industry. #openforjustice, the basis for Corporate Accountability and recent cases are discussed.
This slideshow is used for a continuing legal education program presented by Jon Starr, Oklahoma Bar Association Insurance Law Section Chairperson, who practice with the McGivern & Gilliard law firm with offices in Tulsa and Oklahoma City.
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LAW 531 Final Exam 51 answers highlighted in green and underlined.docxDIPESH30
LAW 531 Final Exam 51 answers highlighted in green and underlined
1 Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true?
Penalties are imposed for obtaining any domain name that infringes on a valid trademark.Domain
names are granted only after ensuring that they do not infringe on a valid existing trademark.
A plaintiff must show that the defendant acted in bad faith in order to recover.
Prior approval by the affected celebrity is needed to obtain a domain name that is similar to a celebrity’s name.
2 The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring:
That mergers be allowed if United States competitiveness in world markets is improved.
That failing companies are rescued through mergers whenever possible.
That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms.
That certain activities are classified as per se violations.
3 The landlord has the right to enter the leased premises:
To make necessary repairs
Only if specifically provided in the lease
To inspect for waste
To inspect for illegal use
4 Which for of real property ownership includes the greatest degree of ownership?
Fee simple defeasible
Fee simple limitless
Absolute life estate
Fee simple absolute
5 A doctrine that says a patent may not be granted if the invention was used by the public for more than a certain period of time prior to the filing of the patent application is known as;
The public use doctrine
The fair use doctrine
The bar to patents doctrine
The public service doctrine
6 This form of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case.
Mini-trial
Fact-finding
Judicial referee
Conciliation
7 Which of the following is a distinguishing feature of a common law legal system?
The making of law by the judges and the following of precedent
Requiring guilt be proven beyond a reasonable doubt
An appeal process
The sole source of law is a comprehensive civil code
8 The Sarbanes-Oxley Act was enacted as the result of:
The failure of the savings and loans in the 1980s.
The high profile accounting fraud cases in the 1990s and early 2000s.
The terrorist attacks of Sept 11, 2001.
The collapse of the housing market in the late 2000s.
9 Which of the following is true about sexual harassment in the workplace?
Sexual harassment claims require that persons of both genders be involved.
If a supervisor approaches someone and asks the person out for a social date, and if the supervisor acts in a socially customary manner, it will not be sexual harassment.
Sexual harassment is covered under OSHA as part of workplace safety.
The standards for a hostile work environment are extremely vague and depend on all the facts and circumstances.
10 Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?
...
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Recorded on May 23, 2012 - Contracts made by telephone or mail are called remote agreements and are subject to Ontario's Consumer Protection Act, 2002. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone and mail remote agreements: what must be included in the agreement, what the seller or vendor cannot do, and where to turn if the agreement is not fulfilled.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/telephone-and-mail-agreements
An Introductory presentation regarding Corporate Accountability in Canada, specifically regarding the mining industry. #openforjustice, the basis for Corporate Accountability and recent cases are discussed.
This slideshow is used for a continuing legal education program presented by Jon Starr, Oklahoma Bar Association Insurance Law Section Chairperson, who practice with the McGivern & Gilliard law firm with offices in Tulsa and Oklahoma City.
click on the link, you will find what you were looking for:homeworkmye.com
Customer support is very important to us. Please use our online chat system in case you have any questions. Also, you can email them to us at homeworkmye@gmail.com. We will do our best to answer you!
LAW 531 Final Exam 51 answers highlighted in green and underlined.docxDIPESH30
LAW 531 Final Exam 51 answers highlighted in green and underlined
1 Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true?
Penalties are imposed for obtaining any domain name that infringes on a valid trademark.Domain
names are granted only after ensuring that they do not infringe on a valid existing trademark.
A plaintiff must show that the defendant acted in bad faith in order to recover.
Prior approval by the affected celebrity is needed to obtain a domain name that is similar to a celebrity’s name.
2 The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring:
That mergers be allowed if United States competitiveness in world markets is improved.
That failing companies are rescued through mergers whenever possible.
That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms.
That certain activities are classified as per se violations.
3 The landlord has the right to enter the leased premises:
To make necessary repairs
Only if specifically provided in the lease
To inspect for waste
To inspect for illegal use
4 Which for of real property ownership includes the greatest degree of ownership?
Fee simple defeasible
Fee simple limitless
Absolute life estate
Fee simple absolute
5 A doctrine that says a patent may not be granted if the invention was used by the public for more than a certain period of time prior to the filing of the patent application is known as;
The public use doctrine
The fair use doctrine
The bar to patents doctrine
The public service doctrine
6 This form of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case.
Mini-trial
Fact-finding
Judicial referee
Conciliation
7 Which of the following is a distinguishing feature of a common law legal system?
The making of law by the judges and the following of precedent
Requiring guilt be proven beyond a reasonable doubt
An appeal process
The sole source of law is a comprehensive civil code
8 The Sarbanes-Oxley Act was enacted as the result of:
The failure of the savings and loans in the 1980s.
The high profile accounting fraud cases in the 1990s and early 2000s.
The terrorist attacks of Sept 11, 2001.
The collapse of the housing market in the late 2000s.
9 Which of the following is true about sexual harassment in the workplace?
Sexual harassment claims require that persons of both genders be involved.
If a supervisor approaches someone and asks the person out for a social date, and if the supervisor acts in a socially customary manner, it will not be sexual harassment.
Sexual harassment is covered under OSHA as part of workplace safety.
The standards for a hostile work environment are extremely vague and depend on all the facts and circumstances.
10 Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?
...
1.A contract that by its own terms cannot be performed within a ye.docxmansonagnus
1.
A contract that by its own terms cannot be performed within a year must be in writing to be enforceable.
2.
Karen writes on a piece of paper, “I owe you $600,” signs it, and gives it to Lou. This instrument is
3.
A failure to exercise reasonable care is negligence.
4.
The test for whether an advertisement is deceptive is whether a reasonable consumer would be deceived.
5.
Michelle gives out a business card with an e-mail address on it. It is reasonable to infer that Michelle has consented to
6.
Rolling Transport & Storage Corporation wants to insure its warehouse to obtain the maximum possible recovery for the lowest possible premium. To obtain the maximum recovery under a coinsurance clause, the percentage of the value of the property that should be insured is
7.
National Ladder Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by
8.
The basic purpose of antitrust law is to regulate economic competition.
9.
Compensatory damages are foreseeable damages that arise from a party’s breach of a contract.
10.
The United States and other members of a certain organization agree to grant normal trade relations status on each other with regard to imports and exports. This organization is
11.
ABC Motors, Inc., sells to Matt the right to the possession and use of a motor vehicle under a lease. As defined in the UCC, ABC is
12.
All rights can be assigned.
13.
Accidental destruction of a negotiable instrument cancels it.
14.
Parker, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples of cloth, stating that any shipment will match the samples. This statement is
15.
Cory employs Daily Delivery Agency as an agent under a written agreement that describes the rights and duties of both parties. This is
16.
Khali’s debt to Lew is past due. Lew obtains a judgment against Khali to collect the debt, but Khali refuses to pay. Lew asks the court to order Khali’s employer to pay a portion of Khali’s paycheck to Lew. This is a request for
17.
State and local agency actions prevail over federal agency operations.
18.
A signature can consist of initials signed by a party.
19.
An agent is authorized to act on behalf of a principal in doing business with third parties.
20.
Optima Medico Corporation, a U.S. firm, signs a contract with Pharma Beneficial, Ltd., a Canadian firm, to give Pharma the right to sell Optima’s products in Canada. This is
21.
The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. The first step is
22.
Superior Sign Company is subject to the Fair Labor Standards Act (FLSA). The FLSA is not concerned with
23.
A click-on agreement is an agreement whose terms are expressed inside a box in which the goods are packaged.
24.
Quality Watches, Inc., ships an assor.
Title 1. Jennings, M. (2018). Business Its legal, ethical, and gTakishaPeck109
Title: 1. Jennings, M. (2018). Business: Its legal, ethical, and global environment (11th Edition). Cengage Learning, Boston, MA.
Chapter 1. Introduction to Law.
provide a graduate-level response to each of the following questions:
1) Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?
2) Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law.
Chapter 2. Business Ethics and Social Responsibility.
1) Marco Manager supervises three employees at a bank. Several times over the last three months, money has been missing from a specific employee’s till at the end of the shift. Marco Manager has worked with this employee for five years and considers this employee a friend. What ethical dilemmas does this present for Marco Manager?
2) Cash Right Now, LLC provides very high interest loans to people with poor credit scores that have a high probability of defaulting on the loan. Many people do in fact default on these loans; however, Cash Right Now, LLC does make a substantial profit overall, even considering these defaults. The people that borrow from Cash Right Now, LLC are unlikely to obtain credit elsewhere. Discuss if Cash Right Now, LLC’s business practices are ethical considering it charges much higher interest rates than traditional banks.
Chapter 3. The Judicial System.
Chapter 4. Managing Disputes: Alternative Dispute Resolution and Litigation Strategies.
1) Explain the pros and cons of utilizing litigation to resolve a dispute as opposed to alternatives to dispute resolution.
2) Peter Plaintiff is citizen of Kentucky. He drives to Tennessee and purchases a lawn mover from Lousy Lawn Mowers, Inc. Peter Plaintiff returns to Kentucky and is seriously injured when the lawnmower explodes during normal use. Lousy Lawn Mowers, Inc. does not do business in Kentucky and is incorporated in Delaware. May Peter Plaintiff bring a lawsuit against Lousy Lawn Mowers, Inc. in a state or federal court, and why?
Chapter 5. Business and the Constitution.
1) Explain the difference in procedural due process and substantive due process, providing examples of each.
2) Beets R Us, LLC is a medium-sized farm in Iowa that grows beets that are only sold in Iowa. It does not export its beets outside of Iowa, though sometimes customers from out of state buy its beets while visiting Iowa. Is Beets R Us, LLC’s business practices subject to federal jurisdiction under Article I, Section 8 of the United States Constitution? Why or why not?
Chapter 6. Administrative Law.
1) The Federal Aviation Administration (FAA) proposes a new rule. During the comment period, an individual considered to one of the most experienced aviation experts in the country strongly disagrees with the rule and provides a wide variety of support for her position. Must the FAA not pass the proposes rule based on this commen ...
1-1) In general, what is the effect of one party being mistaken abou.docxcuddietheresa
1-1) In general, what is the effect of one party being mistaken about the subject matter of
a contract?
a. The mistaken party can rescind the contract.
b. Either party can rescind the contract, and the mistaken party can recover damages.
c. Neither party can rescind the contract or recover damages.
d. Either party can rescind the contract and/or recover damages.
e. Either party can rescind the contract.
2-5) In Wilson v. Western National Life Insurance Company, involving the party who lied
allegedly regarding prior drug abuse in order to obtain life insurance, what was
the holding of the court when the party later died from a drug overdose?
Unit 3 Examination
a. The life insurance company had to pay the proceeds because if the plaintiff’s medical
records had been consulted, the drug abuse would have been discovered.
b. The life insurance did not have to pay the proceeds only because the deceased’s wife
was unaware of the misrepresentation.
c. The life insurance had to pay the proceeds because the deceased’s wife actually paid
the premiums.
d. The life insurance company had to pay the proceeds because the plaintiff was not
using drugs during the time the application for insurance was made.
e. The life insurance company did not have to pay the proceeds because of the concealment
of the drug abuse.
3-8) Frank had a bicycle that he advertised for sale, honestly believing it to be a 1999
model even though it was actually a 1996 model. There were significant improvements
in the frame material, not readily apparent, made between 1996 and 1999 to
this model bicycle. The buyer believed Frank’s statement that it was a 1999 model,
and was excited to be getting a model incorporating the improvements. After discovering
that the bike was actually a 1996 model, the buyer could avoid the contract on
the basis of:
a. unilateral mistake.
b. fraud.
c. mutual mistake.
d. B and C.
e. none of the above.
Unit 3 Examination
Business Law
4-9) The owner of a gym tells Ruppert that if he joins the gym for a year and hires a personal
trainer, his body will be more attractive to women and his life will change forever.
Ruppert joins and hires a personal trainer, but otherwise his life remains the
same. The statements of the gym owner could be described as:
a. statements of fact.
b. statements of opinions.
c. predictions about the future.
d. both B and C.
e. A, B and C.
5-10) Which of the following is the false statement?
a. A legal right arising from a breach of contract may be assigned.
b. The same right can be assigned more than once.
c. You must get everyone’s consent to make a novation.
d. Purely mechanical duties are not delegable.
e. There is a guarantor in a delegation.
6-11) When there has been an assignment of rights under a contract, who has a duty to
notify the obligor of the assignment?
a. The assignor.
b. The assignee.
c. Both the assignor and the assignee.
d. Neither the assignor nor the assi.
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This document of LAW 531 Final Exam C. shows the solutions
to the following problems:
1) Sandy lives on the top floor of a 10-story building in a big
city. There is a 30-story apartment building under
construction next door to her building. One morning while
eating her corn flakes, a brand new toilet comes crashing
through the roof of Sandy’s apartment and injures her. She
would like to sue the construction firm, but has no way of
finding out or proving what persons were involved or exactly
what happened. The doctrine that would most help Sandy is:
2) The school of jurisprudence that believes that free market
forces should determine the outcome to lawsuits is:
3) Which of the following is a distinguishing feature of a
common law legal system?
4) ________ is a form of alternative dispute resolution that is
often used when the parties involved do not want to face
one another.
5) Which of the following is true with regards to arbitration?
6) Which of the following is true regarding mediation?
7) Assume that a state passes a statute that prevents
disclosure of the horsepower of automobile engines. The
purpose of this law is to prevent the car companies from
trying to market cars with more horsepower than those of
their competitors. This statute would most likely be found to:
8) If there is an area of interstate commerce that the federal
government has not chosen to regulate, the states can:
9) What is the result of the “effects on interstate commerce”
test?
2. 10) Which of the following is true about comparative
negligence and contributory negligence?
11) Burger Prince is one of the largest hamburger chains in
the country and fiercely competitive with the well-known
chain of Captain Hook Seafood House restaurants. Captain
Hook recently introduced a new line of hamburgers in order
to expand beyond seafood. Burger Prince received
information that it believed to be reliable indicating that
Captain Hook’s burgers contained a substantial amount of
fillers. Burger Prince then ran advertisements saying that its
pure beef burgers were better than Captain Hooks that used
fillers. Which of the following is true?
12) Product disparagement differs from defamation of a
nonpublic figure in that:
13) Sean has a 6 year old car which he bought 2 years ago
from its original owner. Eight months ago he received a recall
notice about a safety problem with the brakes. He never
responded to the notice. Yesterday Sean was driving when
the brakes failed and caused him to strike and injure a
pedestrian. Which of the following is true in lawsuits against
the car’s manufacturer?
14) Barry buys a new sports car. The car sits low to the
ground and because of the styling visibility to the rear is
limited. About a month after Barry buys the car, he backs
over his pet poodle as he is leaving for work. In his strict
liability suit against the car manufacturer, Barry will:
15) Power Tool Company manufactures table saws. These
saws have several safety devices including a permanent blade
guard. The guard keeps the user’s hands from touching the
blade while it is moving. Ralph buys a Power table saw, but
he takes the blade guard off because it inhibits the type of
3. work he wants to do. Later Ralph is injured while using the
saw. If the blade guard had been left on, Ralph would not
have been injured. Ralph sues Power Tool Co. under a strict
liability theory. The best defense that Power could raise
based on these facts is:
16) Mary applied for a permit with a federal administrative
agency to operate a business within the boundaries of a
popular national forest. The agency grants a limited number
of these permits that allow operation of the business during
the busy tourist season. The agency has turned down Mary’s
application even though she received a permit in the prior
year, paid the related fees on time, and violated none of the
permit’s conditions. The agency granted a permit to a
different applicant who had never run this type of business
previously. If Mary appeals the decision to a court, what
standard of review will it most likely use?
17) Unfair and deceptive trade practices are general
regulated by the:
18) Which of the following statements best describes the
procedures under the Clean Air Act?
19) Mr Smith awakens one morning to the sound of
construction in his backyard. When he looks out the window,
he sees Ajax Construction Co. apparently erecting a garage
on his property. He had not spoken or contracted with Ajax
for this service. However, Mr Smith really wanted a new
garage, so he let them continue. Later it was discovered that
the garage was intended to go next door. Ajax sues Mr Smith
for the value of the garage. What is the probable result?
20) The circumstances where an offer cannot be withdrawn
under promissory estoppel is also known as:
21) George, an employee, breaches a fixed-term employment
4. contract by quitting before the end of the term. What can his
employer, MNO Inc. recover as damages?
22) In a guaranty arragement, the guarantor:
23) If a judge rules that a party lost its case because of the
Statute of Frauds, the judge has essentially stated which of
the following?
24) What does the parol evidence rule do?
25) Licensing of informational rights can best be described as:
26) Under the Anti-Cybersquatting Consumer Protection Act,
which of the following is true?
27) Which of the following best describes how e-mail
contracts are viewed under the law?
28) William was a factory worker at the Spruce Industries
plant. When it was learned he was a homosexual, he was
fired. This action is:
29) Which of the following is true about sexual harassment in
the workplace?
30) Which is true if someone believes he was fired from a job
because of his religion?
31) Under the Occupational Safety and Health Act, which of
the following is true?
32) Minimum wage, hours of employment, and child labor
are regulated by the:
33) Which of the following is true about the provisions of the
Consolidated Omnibus Budget Reconciliation Act (COBRA) as
they related to health insurance?
34) Which of the following is true when someone
accidentally makes an improvement to the personal property
of another where the owner was unaware of the
improvement until after it had been made?
35) George, an employee, breaches a fixed-term employment
5. contract by quitting before the end of the term. What can his
employer, MNO Inc. recover as damages?
36) Edward’s Warehouse stores a variety of generic goods for
several distributors in Anytown. Which of the following
describes Edward’s liability for the bailed goods should
something happen to them?
37) Which of the following is true about misappropriation of
trade secrets?
38) What was accomplished by the Visual Artists Rights Act?
39) A doctrine that says a patent may not be granted if the
invention was used by the public for more than a certain
period of time prior to the filing of the patent application is
known as;
40) How doe...
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