ETH 321 Complete Class / Ethical and Legal Topics in Business

Product DescriptionETH 321 Complete Class / Ethical and Legal Topics in Business ETH 321 WEEK 1 Role and Functions of Law PaperWrite a 700- to 1,050-word paper in which you discuss the roles of law and courts in today’s business environment.
  • Differentiate the federal court structure with your state’s court structure.
  • Discuss the concept of judicial review.
  • Explain how laws or regulations affect your present job or industry.
  • Properly cite at least two references from your reading.
Cite your research and format your paper consistent with APA guidelines.  ETH 321 WEEK 2 ADR Clause for Learning Team Charter PaperWrite a 1,050- to 1,400-word paper in which you do the following:
  • Outline the various forms of an alternative dispute resolution (ADR).
  • Develop an ADR clause that might be used by a Learning Team to resolve disagreements among members using one of the forms you discussed. This has to be an actual written clause.
  • Identify all provisions and information necessary to enable the ADR to occur and function effectively.
The clause must be suitable for use by any Learning Team in any course of your program. ETH 321 WEEK 2 ADR Clause for Learning Team Charter PaperThe clause must provide all information necessary to define which disputes are subject to an ADR. ETH 321 WEEK 2 ADR Clause for Learning Team Charter Paper ETH 321 WEEK 2 Ethical Dilemma PaperETH 321 WEEK 2 Ethical Dilemma Paper Access Films on Demand covering ethical topics by following these directions:
  • Click on University Library.
  • Click on View All Resources Alphabetically.
  • Click on Films on Demand.
  • Open the drop-down menu under Collections and select Business and Economics.
  • Select Business Lawlocated under Ethics and Business Law
Watch any video where an ethical decision has been made.Write a 350-word executive summary outlining the ethical dilemma and outcome in the video, as well as possible alternative solutions.Reference ethical theories from the reading as you describe possible alternative solutions.Format your paper consistent with APA guidelines.  ETH 321 WEEK 3  BUGusa, Inc. Case ScenarioCase Scenarios: Bugusa, Inc. multimedia link and University of Phoenix Material: Bugusa, Inc. WorksheetUse the BUGusa, Inc. scenarios and your research to support your answers to the questions listed in the worksheet, classifying the types of torts in each scenario. ETH 321 WEEK 3 Corporate Executive Criminal Conviction PaperWrite a 350- to 700-word paper detailing the unethical conduct, the crime committed, and the outcome of the case.Format your paper consistent with APA guidelines. ETH 321 WEEK 4 Elements of a Contract PaperUniversity of Phoenix Material: Elements of a Contract Scenario Read the Elements of a Contract Scenario.Write a 350- to 700-word paper answering the questions at the end of the scenario.   your paper consistent with APA guidelines. ETH 321 WEEK 4 Business Entities, Laws, and Regulations PaperWrite a 350- to 700-word paper discussing the business entity that represents the best choice for businesses you chose. Be sure to consider control, taxation, and liability issues.
  • Restaurant or bar: Lou and Jose plan to open a sports bar and restaurant where customers socialize and watch sporting events on large-screen televisions that hang around the bar. They do not have much money, but they do have Miriam, a wealthy investor who does not have time to participate in the business, but wants to provide capital to start the business in return for a percentage of ownership.
  • Extermination business: Frank is a wealthy investor who plans to open a chain of exterminating businesses across the United States.
  • Professional practice: Akiva and Tara have just completed all educational and experiential requirements to be licensed as obstetricians. They want to open a birth clinic together. They will take out a large loan to finance start-up costs. E
Format your paper consistent with APA guidelines. ETH 321 WEEK 5 Roles of State or Federal Administrative Agencies PresentationVisit the website of any three state or federal administrative agencies: for example National Labor Relations Board (NLRB), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Securities and Exchange Commission (SEC), Federal Communications Commission (FCC), Social Security Administration (SSA), Federal Trade Commission (FTC), Food and Drug Administration (FDA), or Federal Aviation Administration (FAA).Explain the role and function of each agency in a 6- to 9-slide Microsoft®PowerPoint®presentation with detailed speaker notesInclude one significant regulation that each agency enforces .Format your presentation consistent with APA guideline   ETH 321 Week 1 Knowledge Check
  • What has been one of the focus areas of law in the United States over the past few decades?
  • Removing antidiscrimination laws
  • Moving away from the domain of education
  • Guaranteeing consistency and equality
  • Promoting the domination of tribal societies
  • Identify the true statement about the role of law in the United StatesThe law has no influence on commerce and business transactions
    The law is yet to introduce legal mechanisms to ensure equality in the workplace.
    The law plays a role in fostering trust and reliability among merchants and consumers.
    The focus of law has now significantly shifted to domination and power3.Which of the following is one of the purposes of law today?
    Acting as a change agent for commerce
    Promoting domination
    Embracing discrimination laws
    Excluding commercial transactions from the purview of law4.Identify the true statement about the American judiciary.All courts interpret laws and take decisions independently.
    Certain courts have the duty to evaluate the actions of other courts.
    All courts are charged with the responsibility of judicial review.
    Every court has the authority to hear all kinds of cases5.What is the function of an appellate court?To review petitions filed by losing parties
    To review the actions of federal courts
    To conduct trial proceedings for lawsuits
    To conduct trials for issues involving violations of federal statutes6.Identify the courts that conduct primary trials for issues that involve federal matters such as federal regulations and statutes. The courts also hear a range of matters and provide decisions that are binding only on the parties involved.Appellate courts
    Circuit Courts of Appeal
    U.S. District Courts
    State trial courts7.What is true about arbitration as an alternative form of dispute resolution?The arbitrator functions like a judge in a standard trial.
    The arbitrator is not authorized to demand the testimony of witnesses in any dispute.
    The arbitrator’s final decision must be approved by a higher court.
    The arbitrator’s decision cannot be questioned under any circumstances8.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.?Arbitration
    Mediation
    Expert evaluation
    Trial9.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 caseMediation
    Negotiation
    Standing
    Expert evaluation
  • ETH 321 Week 2 Knowledge Check
  • Identify the true statement about a claim of defamation
    A statement must have the ability to hurt the reputation of an individual in order to qualify as defamatory.
    A statement does not have to be heard by a third party in order to qualify as defamatory.
    An unkind statement made against a profession as a whole is also considered defamatory.
    A statement should be based on pure opinion to qualify as defamatory2.Who among the following is given absolute privilege or immunity against defamation?
    Journalists while covering the news
    Employers while recruiting new employees
    Business owners during press conferences
    Congress members during congressional debates3.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?
    Fraudulent misrepresentation
    Slander
    Battery
    Tortious interference with existing contractual relationship4.What is likely to make a plaintiff’s case stronger in a negligence lawsuit?
    Use of the assumption of risk
    Absence of a safety statute
    Occurrence of misfeasance
    Absence of proximate cause5.In cases of negligence, what is one problem in applying the but for test?
    It may result in holding a tortfeasor responsible for injuries that were not foreseeable.
    It relieves a defendant of all liabilities, ruling that the defendant did not owe a duty of care to the plaintiff.
    It may result in limiting the liability on a defendant in cases where the plaintiff, in some way, was also responsible for the damages.
    It limits the liability on the defendant in cases where a superseding event caused more damages5.Which doctrine allows a plaintiff to presume that a defendant caused certain damages without describing exactly how the defendant behaved?
    Comparative negligence
    Res ipsa loquiter
    Assumption of the risk
    Actus Reus6.What is true about strict liability?
    It places emphasis on the intent of the tortfeasor.
    It requires the plaintiff to prove duty of care and negligence.
    It applies primarily to abnormally dangerous activities
    It does not apply to defective products7.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 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.?
    Strict liability
    Assumption of the risk
    Libel
    Defamation liability8.Identify the basis upon which strict liability is imposed on a company for damages caused in the event of an incident.
    The nature of the activity of the company
    The intentions of the company
    The net worth of the company
    The amount of resources used by the company9.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?
    Battery
    Ponzi scheme
    Embezzlement
    Theft10.Identify the white collar crime that involves a fraudulent entity attracting investors, offering them high returns, and paying these returns, not from profits, but from investments made by subsequent investors.
    Ponzi scheme
    Embezzlement
    Bribery
    Battery11.Choose the correct statement about white collar crimes in the United States.
    Conspiracy requires a criminal act to be carried out, not just agreed upon.
    Insider trading activities can no longer by pursued by the government.
    An obstruction of justice charge can stand independently
    Bribery is an offense that requires that a transaction has actually taken place, not just that money has been offered
 ETH 321 Week 3 Knowledge Check
  • 1-In which case is an offer irrevocable?
    When the offeree has not made any preparations before accepting the offer
    When the offeree has partly acted upon the offer
    When the offer is not in the form of an option contract
    When the offeree’s response contradicts the offer even minimally2-What does the mailbox rule, in the context of common law contracts, state?
    An offeror cannot revoke his or her offer under any circumstance.
    An offeror must receive a written document of acceptance by the offeree in order for an offer to be considered accepted.
    An offeree is said to have accepted an offer as soon as he or she dispatches the acceptance
    An offeree can use any method of acceptance, even if it has not been specified by the offeror.3-Which of the following meets the consideration requirement of contracts?
    When a promiser pledges to perform a legal duty
    When a promisee gives up a legal right
    When a promiser gifts a property of high value to someone
    When a promisee provides a gift for a favor done in the past4-When does fraudulent misrepresentation occur in the context of contracts?
    When one party to a contract unintentionally fails to notice an error in the express terms of the contract
    When one party to a contract knowingly provides only puffing and not facts in the contract
    When one party to a contract knowingly distorts a material fact in the contract
    When one party to a contract unintentionally conceals one of the facts in the terms of the contract5-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?
    Fraudulent misrepresentation
    Slander
    Unconscionability
    Undue influence6-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?
    Fraudulent misrepresentation
    Duress
    Unconscionability
    Undue influence7-What is true about the statute of frauds for common law contracts?
    It mandates that all forms of contract be in writing.
    It creates specific formats in which parties are required to write contracts.
    It is applicable to contracts that cannot be performed in less than one year.
    It is not pertinent to contracts pertaining to the sale of land.8-According to the statute of frauds, what is one component that is consistently required for a contract to be valid?
    A signature of the party against whom the contract is to be enforced
    Written evidence of the contract
    A prescribed format for the written contract
    The signatures of at least three witnesses to the contract9-To which of the following common law contracts will the statue of frauds best apply?
    A license contract of three weeks duration
    A sale-of-goods contract involving an amount of $400
    A lease transaction involving an amount of $2500
    A supplier contract of six months’ duration10-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 amount of $50,000. What type of remedy for contract breaches is best illustrated in the scenario?
    Compensatory damages
    Consequential damages
    Liquidation damages
    Restitution11-In the context of remedies to breach of contract, what is true about compensatory damages?
    They essentially cover foreseeable indirect losses.
    They are estimated by the two parties who enter into a contract, even before a breach occurs.
    They may include the potential profits payable to a nonbreaching party, if the contract had not been breached.
    They intend to put a nonbreaching party in a much more advantageous position than it was in before the contract was breached.12-Identify the type of remedy for contract breaches in which a nonbreaching party also recovers damages for foreseeable indirect losses.
    Compensatory damages
    Consequential damages
    Restitution
    Liquidated damages13-Identify the type of equitable remedy in which a court orders a party to refrain from taking a particular action.
    Injunctive relief
    Restitution
    Reformation
    Consequential damages14-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 contract changed. The court rules that the price term of the contract be revised. What type of remedy is illustrated in the scenario?
    Restitution
    Consequential damages
    Injunctive relief
    Reformation15-What is true about specific performance as an equitable remedy for contract breaches?
    It requires the breaching party to pay extra damages for not performing the terms of the contract.
    It is the most commonly adopted remedy for most cases involving the sale of goods.
    It requires the breaching party to take action to ensure that the promised performance is delivered
    It requires the breaching party to also pay damages for indirect losses that the nonbreaching party incurred because of lack of performance.16-What is true about the formation of a sole proprietorship?
    It requires a very high fee during formation.
    It is taxed as a separate entity.
    It requires no annual filings.
    It must operate exclusively at one location17-Identify the true statement about general partnerships.
    They are essentially created by filing a form with the government
    They are always formed by parties who have the intention to form a partnership.
    They require the partners to assume liability for the debts of the partnership.
    They require ownership rights to be sold through public markets18-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?
    A limited liability partnership
    A general partnership
    A sole proprietorship
    A corporation19-Which statement is true in the context of limited liability companies (LLCs)?
    The principals of LLCs do not receive any liability protection.
    The principals of LLCs can opt for pass-through tax treatment.
    The principals of LLCs are required to file extensive articles during the formation stage.
    The principals of LLCs are not subject to any fiduciary duties of loyalty20-What is a characteristic of a manager-managed limited liability company (LLC)?
    All the members participate in business operations.
    A person who is not an invested member is selected to manage the business.
    Only an appointed member can look after business operations.
    All the members have the authority to act on the LLC’s behalf.21-Which of the following business firms is most likely to be a limited liability partnership (LLP)?
    Aries Pharmaceuticals can only be taxed as a separate legal entity.
    Red Communications has two owners who assume complete responsibility for all the debts and obligations of the company.
    Image Agency is owned and managed by only one individual
    Libra Electronics was formed when its owners filed a statement of qualification with the appropriate public official22-Which of the following statements is true about corporations?
    Their formation is governed only by federal statutes
    Their obligations are separate from the personal obligations of their principals.
    Their structure, functioning, and ownership issues are not governed by any law.
    They cannot be sued and are not authorized to file suits.23-What is one of the characteristics of a typical privately held corporation?
    No limit in terms of revenue
    Lack of flexibility in internal management
    Large numbers of shareholders
    Several shareholders that are financial institutions24-Identify the true statement about corporations.
    Public corporations do not have any owners.
    Publicly held corporations are not subject to regulation or scrutiny by federal or state agencies
    Professional corporations frequently sell ownership interests to the general public.
    Alien corporations are formed in the United States by principals from other countries
ETH 321 Week 4 Knowledge Check
  • 1-Identify the true statement about administrative agencies.
    They are not authorized to perform legislative functions.
    They are charged with the task of creating regulations that are legally enforceable.
    They have only judicial and not executive powers.
    Their functions do not encompass the enforcement of regulations made by Congress2-Which of these demonstrates the adjudication function of administrative agencies?
    Granting licenses to industries and professionals
    Distributing the statutory benefits provided by Congress
    Studying the broad policies made by Congress
    Deciding cases that involve violations of agency rules3-What is true about the activities of administrative agencies?
    They work independently of Congress.
    They review judgments of trial courts
    They grant licenses and permits.
    Their scope of functioning is limited to legislation4-Identify the true statement about the rulemaking process followed by administrative agencies
    The rulemaking process is formal and requires a comprehensive hearing.
    Agencies are prohibited from involving experts from outside the government in the rulemaking process.
    Agencies are required to make public any material such as reports and studies that they used during rulemaking.
    Agencies must publish the rule in the federal register only after holding public hearings5-What is true about the powers of administrative agencies?
    All actions of the administrative agencies are reviewable by the judiciary.
    Administrative agencies cannot decide by themselves about when and whom to regulate.
    Administrative agencies have the authority only to grant licenses and not revoke them.
    Administrative agencies are authorized to conduct inspections of businesses and individuals6-Which power of administrative agencies allows them to create quasi-court trial settings to hear disputes that arise in their jurisdictions?
    Rulemaking
    Adjudication
    Inspection
    Legislation7-When does misappropriation of a trade secret occur?
    When someone acquires a trade secret illegally
    When someone conducts research to discover a trade secret
    When someone uses reverse engineering to figure out a trade secret
    When the owner unintentionally shares the secret with others8-Identify the true statement about trade secret protection.
    It expires after a very limited period of time.
    It is lost if the owner does not take adequate measures to prevent misappropriation.
    It considers reverse engineering as misappropriation and enables the owner to recover damages.
    It can be availed for all kinds of trade practices, whether or not they have economic value.9-Identify the true statement about the Uniform Trade Secrets Act.
    It provides recourse to owners of trade secrets even in cases where the secret was lost because of the owner’s negligence.
    It does not contain any criminal sanctions.
    It prohibits reverse engineering of trade secrets.
    It does not provide trade secret protection for processes and methods10-What is true about arbitrary trademarks?
    They are generally provided with a very low level of protection.
    They do not have a strong logical connection with the products or services that they represent.
    They directly describe the characteristics of products they represent.
    They tend to be less distinctive than the other types of trademarks
  • 11-What statement is true in the context of acquiring trademark rights?
    Trademarks cannot be used in more than one geographic location.
    Descriptive trademarks cannot get protection.
    Trademark rights can only be acquired by registering the mark before it is used.
    Trademark rights can be acquired by being the first to put the mark to use in commerce12-Which of these can be protected under the Copyright Act?
    Innovative ideas
    Processes
    Scientific principles
    Recorded audio
ETH 321 Week 5 Knowledge Check
  • 1-What is one of the challenges in business ethics?
    Business ethics is completely independent of the law.
    Business ethics does not assert the obvious.
    Business ethics issues are unrelated to the everyday occurrences in an organization.
    Business ethics cannot be taught to employees2-What can help managers to overcome the challenge of teaching business ethics to employees?
    Attempting to change employees’ values
    Instructing employees to follow only legal guidelines
    Allowing employees to use their own personal moral standards while making decisions
    Focusing on the management of employee values and conflicts3-How can an organization faced with the challenges of business ethics, overcome these challenges?
    By ensuring that its code of ethics has honesty mentioned in it.
    By developing a business ethics program that focuses on making its employees unlearn their personal values.
    By recognizing that ethics cannot be incorporated into its management.
    By acknowledging that legal regulations are the only way to prevent its employees from committing unethical acts4-Stephan is a proponent of the narrow view of corporate social responsibility (CSR). He believes that people should behave in a socially responsible manner on their own time. What other opinion is Stephan likely to have?
    Corporations have a duty to invest some of their resources on improving society.
    Corporations should exclusively follow the instructions set by the government when carrying out CSR functions. C. CSR functions should receive utmost importance by employees in a corporation.
    Corporations should only focus on increasing the wealth of their shareholders5-Which view of corporate social responsibility (CSR) suggests that the emphasis of corporations should be on CSR and not on achieving profitability? This view also suggests that the existence of corporations is based on the premise that they will serve society.
    The invisible hand view
    The management’s hand view
    The shareholder’s hand view
    The government’s hand view6-What is true about the moderate view of corporate social responsibility (CSR)?
    It suggests that governments have a better view on CSR and the needs of society.
    It suggests that the CSR functions of corporations should not be regulated by government agencies.
    It suggests that corporations should focus entirely on CSR and not on making profits.
    It was proposed by Adam Smith.7-In the context of business ethics, what is one of the provisions granted by the 2002 Sarbanes-Oxley Act?
    Surveillance of terrorist-related activities
    Employment-at-will
    Protection of corporate whistleblowers
    Punishment of employees who report their organizations’ unethical practices8-In which case is the discharge of an employee considered to be wrongful in the context of the Wrongful Discharge from Employment Act?
    When the discharge occurred because the employee failed to deliver performance
    When the discharge occurred because the employee refused to violate a public policy
    When the discharge occurred because the employee violated organizational norms
    When the discharge occurred because the employee misrepresented his or her qualifications9-Which inconsistency is likely to complicate the risk for whistleblowers in organizations?
    The troubling situation at work involves a statute that does not carry protection for whistleblowers.
    The troubling situation at work is one they are expected to participate in
    The troubling situation at work may be one they are not expected to ignore.
    The troubling situation at work is not only unethical but also illegal
ETH 321 Final exam
  • Applying the parole evidence rule
    a written contract is the final expression of the party’s agreement and may not be contradicted by oral or written agreements made prior to the writing.
    oral agreements may be used to change a final written contract if the final written contract isn’t exactly conforming to the pre-contract agreements.
    written contracts with ambiguous terms are automatically void and cannot be corrected.
    written agreements may be used to change a final written contract if the final written contract isn’t exactly conforming to the pre-contract agreementsLLPs were created to
    Increase the duration of the business entity permitted under LLC statutes.
    Provide limited protections for general partners increasing protections offered by LLCs.
    Ease the costs and filing requirements present with LLCs.
    limit taxation burdens existing in LLCs
  • Stan is an investment manager. He has received money from various investors with a promise of very high returns on their investments. The invested money is not supplying enough capital in order to pay the returns promised so he has started using new investor’s money to pay older investors. By advertising and by word of mouth, people are anxious to invest with Stan because of the money being paid and with the influx of new investors he is able to continue operating. Stan is
    operating an insider trading operation.
    guilty of conspiracy to defraud.
    operating a Ponzi scheme
  • There are several reasons why whistle blowing may not be protected on an international level.  These include
    Most business is not truly international and so there has been no push for globalization of protection.
    Dictators typically do not care if companies are engaging in illegal activities.
    Many nations across the globe do not have the dishonesty problems that are found in western nations.
    Collective or collaborative cultures may frown on whistle blowing instead of working together to fix a problem.Judicial review
    is the power or right of a court to hear a case.
    is the power of a state or federal court to declare a statute unconstitutional.
    is the power of an appellate court to reverse a decision made in a lower court.
    is the power of a federal court to declare a state or federal statute invalid if inconsistent with the constitution.
  • In Lucy v. Zehmer, the two parties were drinking in a bar when Lucy offers to buy Zehmer’s farm. After some negotiation a written contract was executed. Zehmer claimed that the whole episode was only a joke and he never intended to sell the farm. The court determined that
    since the contract was written without lawyers present, it was likely not really serious so no contract was actually formed.
    since Zehmer claimed to be “high as a Georgia pine” and it was only the liquor talking, there was no contract.
    because negotiations and modifications to the written agreement lasted between 30-40 minutes, it appeared that both parties were serious so even if Zehmer had no objective intent to sell the farm he is still bound by his actions and the contract was enforceable.
    because the terms were fair, the parties are bound by the contract regardless of their intent or capacity.
  • What must Congress do first to establish an administrative agency?
    obtain judicial approval the creation.
    enact an enabling statute.
    nothing, it is an executive power.
    research if a new agency is needed
  • Which of the following will be a valid defense in a strict products liability case?comparative negligence.
    assumption of risk
    contributory negligence.
  • Modern Corporation operates a steel mill. They have never contributed anything to the local community and they knowingly pollute both the air and river that runs by their mill. Their reasoning is that the cost to install pollution control devices would diminish their profits and they don’t support the community because they provide jobs and don’t think they owe anything else to the citizens in their area. Donating to the community would also diminish profits. Which theory of corporate social responsibility are they exhibiting?
    the narrow view a/k/a invisible hand theory.
    the broad view a/k/a management’s hand theory.
    the moderate view a/k/a government’s hand theory.
    the hybrid view a/k/a citizen’s hand theory.
  • Where a promise can only be accepted by the performance of the person to whom it is offered is an example of a/an
    bilateral contract.
    quasi contract.
    implied contract.
    unilateral contract
  • In which of the following scenarios would enforcement of specific performance be appropriate?
    you own the pistol used by Hamilton and contract to buy the pistol used by Burr in the Hamilton-Burr duel to complete your set, but despite the contract the Burr pistol owner refuses to sell at the last minute.
    your bookstore agrees to order a textbook for you but breaches their contract with you by canceling the order the next day.
    you order three gallons of white ceiling paint from a local store and they breach by not delivering or making the three gallons available to you.
    you order a current model name brand television from a department store and a few days later they breach by not ordering it from the manufacturer.
  • Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of “The Ethics of Care”?
    applies only to women and not men.
    individual rights and justice for all.
    obedience to independent moral rules or duties.
    care and responsibility to others
  • With regard to the court, adequacy of consideration means
    the court doesn’t care about value as long as the mutual assent is valid.
    the consideration exchanged must be reasonably close in value.
    the consideration exchanged must be exactly equal in value.
    the court will adjust the consideration if the value exchanged is unfair.
  • The three stripes on Adidas clothing represents a
    trade dress.
    trade secret.
    trademark
  • Which of the following is not a general category of torts?
    criminal torts
    strict liability.
    intentional torts.Which of the following promises ordinarily need not be in writing to be enforceable?
    A lease of a warehouse for 24 months.
    A $1,000 agreement with a personal trainer for 10 sessions.
    An agreement to sell of a car for $1,500.
    Promises made as a part of a prenuptial agreement.
  • Which of these is not an administrative agency function?creating statutes.
    licensing and permitting.
    investigation and enforcement.
  • Which of the following does not occur in appellate court trials?
    oral arguments by each side’s attorneys.
    consideration of briefs prepared by each side’s attorneys outlining the law and applicable precedent pertinent to the case.
    presentation of testimony and new evidence.
    review of lower court transcripts and rulings.
  • KAM Corp has separate Codes of Ethics and Conduct. Each of the following would likely be included in their Code of Ethics except
    expectations of an individual’s community service.
    avoidance of conflicts of interest.
    expectations of privacy and dignity to be afforded others.requirements of procedural due process and impartiality.
     
    Maria is the CFO of a company being investigated by the SEC for various alleged violations. Each of the following would constitute an obstruction of justice except
    changing some figures on documents used to support filed financial statements.
    ordering her secretary to lie if she is questioned.
    refusing to answer questions invoking the Fifth Amendment.
    shredding her personal calendar and appointment book.
  • A trademark can be any of the following except aWhich of the following is not true of ADR proceedings?
    ADR hearings usually arrive at a resolution at a much lower cost than does litigation.
    the jury decision in an ADR proceeding is automatically subject to one appeal.
    the party conducting the ADR hearing is chosen by the disputing parties themselves in certain instances.
    ADR hearings generally result in much less publicity than does litigation
  • Which of the following is rarely awarded in contracts cases?
    Liquidated damages.
    Compensatory damages.
    Punitive damages.
    consequential damages
  • Which of the following is categorized as informal ADR?
    Mediation
    Med-arb
    Arbitration
    Negotiation
    The FTC publishes a rule regulating TVs and Blu-Ray DVD players for public comment but revises it to include traditional DVD players also. Should the FTC republish the revision?
    no because the new rule is more limited than the original proposal.
    no because it was a logical outgrowth of the original rule.
    no, there was no need for publication of the original rule.
    no because there is generally no legal obligation to provide an additional comment period
  • Assumption of risk is a defense to
  • Black’s Law Dictionary, as cited in the book defining the term law, includes each of the following except
    Law has a binding force.
    Law is a body of rules.
    Law is conduct prescribed by a controlling authority.
    Law regulates personal ethicsJurisprudence is defined as:
    The science and philosophy of law
    The enactment of laws by a government body.
    The duties and obligations owed by a citizen.
    Adjudication of law suits
  • Jonathan has graduated and wants to start a business. Which business entity gives him the most complete and exclusive control over the business and any business decisions?
    Limited liability Company.
    general partnership
    Sole proprietorship.
    corporation
  • The moderate view of assessing corporate citizenship believes that
    Corporate employees below the senior executive level should provide the exclusive view of corporate responsibility.
    Community groups where the corporation is located should provide the exclusive view of corporate responsibility.
    The government should provide the exclusive view of corporate responsibility.
    corporate officers and boards of directors should provide the exclusive view of corporate responsibility
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