BUSN 420 Entire Course Business Law.docx

 

BUSN 420 Entire Course Business Law

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BUSN 420 Week 1 Assignment

  This paper is about providing employee training for members of our department who have interactions with the legal department. I’ll try to keep this paper as informal and understandable as it gets. Nevertheless, concerning the topics discussed, it is expected for you to have questions after reading this paper. I strongly recommend looking at references section at the end of the  paper. eel free to contact me. I’ll I’ll be glad if I can clarify these terms in more detail if I can. !s a start to this series of training document primers, I’ll try to answer the following questions in short" #. $hat $hat is co comm mmon on law law %. $hat $hat are are the sour sources ces of of !mer !merica ican n law& law& '. $hat is the the importance importance of preceden precedentt to the (udicial (udicial decisi decision)mak on)making ing process& process& *. $hat $hat are are equitab equitable le an and d legal legal reme remedie dies& s&   BUSN 420 Week 2 Assignment

  This paper is aboutoutlining +aryland’s court system in short. $e $e’ll ’ll have the chance ch ance to be familiar with basic concepts of state (ustice system and get to know more about the following issues"

 

#. asic asic stru structu cture re of of court court system system %. Trial cour courtts '. !ppe !ppell llat atee cou court rtss *. -ther her bo bodie dies   BUSN 420 Week 3 Assignment

  Introduction uring the first two papers of our training series about laws and legislations, we had the chance to familiari/e ourselves with basic terms of law and +aryland’s court system. In this paper is we’ll try to get a more practical idea about what are the obligations and related issues coming from a contract. I hope you all find this paper quite useful in your everyda everyday y working life since the following issues are going to be explained ex plained in short" #. 0ontracts’ 0ontracts’ elements elements and and remedies remedies in in case of a breach breach %. 1alid lid off offer er requir requiremen ements ts '. -ffe -fferr acce accept ptan ance ce *. 0ons 0onsid ider erat atio ion n and and form formss 2. $hen $hen a contra contract ct is enforc enforceabl eable& e& 3. 4emedies 4emedies for non)breachin non)breaching g parties parties under under +aryland’ +aryland’ss state state law law   BUSN 420 Week 4 Assignment

  Introduction In this fourth paper of our training series, we’ll have the chance to get a better knowledge and understanding of advanced principles about contracts.  

 

BUSN 420 Week 5 Assignment

  Introduction In this fifth paper of our training series, we’ll have the chance c hance to get ourselves familiari/ed with 5niform 0ommercial 0ode 65007.   BUSN 420 Business Law Week 6 Assignment

  Introduction In this paper we’ll discuss some issues regarding cyber)crimes that affect business world.   BUSN 420 Week 7 Assignment

  Introduction In this paper we’ll discuss about my working background and what are my intentions for the future. +oreover, we’ll focus on how this course affected my way of thinking concerning my career path. Through the following lines it will be obvious how h ow useful this course’s concepts  proved for me and my working prospective.   BUSN 420 Week 1 ui!

 

 

8uesti 8ue stion on #. 8uesti 8uestion on " 9tudent !ns !nsw wer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- #7 0rater Tools 0ompany may be sub(ect to regulations issued by the -ccupational 9afety and :ealth !dministration !dministration 6-9:!7. ;ike other administrative agencies, agenc ies, the -9:! affects almost ev every aspect of of a business’s operat eratiions ons. almost no aspect of a business’s operations. a firm’s capital structure and financing, but nothing else. a firm’s hiring and firing procedures, but nothing n othing else. =age 3

2 o" 2

  8uesti 8ue stion on %. 8uesti 8uestion on " 9t 9tud uden entt !ns nswe werr"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- #7 In a suit against -wen, =hil obtains o btains specific performance. This is an orde orderr to do or to ref refra raiin from from do doiing a pa part rtiicula cularr ac act. t. an order to perform what was promised. a payment of money or property as compensation. the cancellation of a contract. =age >

2 o" 2

  8uesti 8ue stion on '. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0#7from !s a (udge, =otter applies common law rules. These rules develop administrative regulations. court decisions. federal and state statutes.  proposed uniform laws. =age ?

2 o" 2

 

  8uesti 8ue stion on *. 8uesti 8uestion on " 9t 9tud uden entt !ns nswe werr"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- #7 In <xport 0o. v. Imports, Inc., there is no precedent on which the court can base a decision. The court can consider  ne neit ithe herr pu publ blic ic po poli licy cy no norr soc ociial cust custom omss and and va valu lues es..  public policy only.  public policy or social customs and values. social customs and values only. =age @

2 o" 2

  8ues 8u esti tion on 2. 2. 8ues 8uesti tion on " 9tudent !nsw nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T 6T00- #7 In Ne Nebr bras aska ka,, the the high highes est) t)ra rank nkin ing g 6su 6supe peri rior or77 law law is a case decided ded by the Nebraska 9uprem premee 0our ourt. a provision in the Nebraska 0onstitution. a rule created by a Nebraska state administrative agency. a statute enacted by the Nebraska legislature. =age 2

2 o" 2

  8uesti 8ue stion on 3. 8uesti 8uestion on " 9t 9tud uden entt !nswe nswer" r"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- %7 -rin claims that a =ennsylvania state statute infringes on his Asubstantive due processB rights. This claim focuses on proc proced edur ures es us used ed to make make de deci cisi sion onss to to tak takee lif life, e, libe libert rty y, or prop proper erty ty.. the content of the statute. the similarity of the treatment of similarly situated individuals. the steps to be taken to protect -rin’s privacy. privacy. =age **

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8uesti 8ue stion on ?. 8uesti 8uestion on " 9tudent !nsw nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- %7 +achismo +otor 9ales 0orporation regularly advertises its off)the)road and all)terrain vehicles and other products. 5nder the irst !mendment, these ads and other commercial speech are given less protect ection than noncomm ommercial speech ech. more protection than symbolic speech. no protection. the same protection as defamatory speech. =age '>

2 o" 2

 

8uesti 8ue stion on @. 8uesti 8uestion on "

9tudent !nsw nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- %7 9erene 0ity enacts an ordinance that bans the use of Asound amplifying systemsB on public streets. Tyler Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler’s Tyler’s suit against the city, a court would likely hold the ordinance to be an unc unconstitutional nal restriction of speech ech. constitutional under the irst !mendment.  (ustified by the need to protect individual rights. necessary to protect national interests. =age '@

2 o" 2

 

8uesti 8ue stion on >. 8uesti 8uestion on " 9tudent !nsw nswer"

6T0- %7 9avers +art, Inc., distributes its merchandise to retail outlets on an interstate basis. 5nder the commerce clause, 0ongress has the power to regulate any commercial activity in tth he 5ni 5nitted 9ta 9tates. only activities that are in intrastate commerce. only activities that are in local commerce. only activities that are not in commerce.

 

Instructor <xplanation" =oints 4eceived" 0omments"

=age ''

2 o" 2

  8uestion 8uest ion #C. 8uestion 8uestion " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- %7 <xpendable <nergy 0orporation regularly expresses opinions on political issues. 5nder the irst !mendment, corporate  political speech is given little protection. no protection. significant protection. total protection. =age '@

0 o" 2

  D Times are displayed in 6E+T)C?"CC7 6E+T)C?"CC7 +ountain Time 659 F 0anada 0anada77   BUSN 420 Week 2 ui!

 

8uesti 8ue stion on #. 8uesti 8uestion on " 9tudent !nsw nswer"

Instructor <xplanation"

=oints 4eceived"

6T0- '7 9am, a citi/en of New +exico, wants to file a suit against Tanya, Tanya, a citi/en of Texas. Texas. Their diversity of citi/enship may ma y be a  basis for  any court to exercise in rem (urisdic diction. a federal district court to exercise original (urisdiction. a 5.9. court of appeals appea ls to exercise appellate (urisdiction. the 5nited 9tates 9upreme 0ourt to issue a writ of certiorari. =age 2?

2 o" 2

 

0omments"  

8uesti 8ue stion on %. 8uesti 8uestion on " 9tudent !nsw nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- '7 In ancy anc y rills 0orporation’s suit against Elamour 9tores, Inc., the (ury (u ry returns a verdict in ancy’s favor. favor. Elamour files a motion asking the (udge to set aside the verdict and begin new proceedings. This is a motion for  a (udg udgment in accordanc dancee with the verdict. a (udgment on the pleadings. a new trial.  (udgment n.o.v. =age ?%

0 o" 2

 

8uesti 8ue stion on '. 8uesti 8uestion on " 9tudent !n !nswer"

Instructor

6T0- '7 Go files a suit against ;ara in a +issouri state court. ;ara’s only connection to +issouri is an ad on the $eb $eb originating in Nebraska. or +issouri to exercise (urisdiction, the issue is whether ;ara, through her ad, has a co commercial cy cyber pr presence iin n +i +issouri. conducted substantial business with +issouri residents. general maximum contact with +issouri. solicited virtual business in +issouri. =age 2@

<xplanation" =oints 4eceived" 0omments"

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8uesti 8ue stion on *. 8uesti 8uestion on " 9tudent !n !nswer"

6T0- '7 :ua, a resident of Illinois, owns a warehouse in Indiana. ! dispute arises over the ownership of the warehouse with Gac, a resident of Hentucky. Gac files a suit against :ua in Indiana. 4egarding this suit, Indiana has federal q qu uestion (u (urisdiction. in personam (urisdiction.

 

in rem (urisdiction. no (urisdiction. Instructor <xplanation" =oints 4eceived"

=age 2*

2 o" 2

0omments"  

8uesti 8ue stion on 2. 8uesti 8uestion on " 9tudent !nsw nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- '7 9am, a citi/en of Tennessee, files a suit in a Te Tennessee nnessee state court against 5nited 9ales 0orporation, a $yoming company that does business in Tennessee. Tennessee. The court has original  (urisdiction, which means that the case is being hea heard for the first time. the court does not have concurrent (urisdiction. the court has standing. the court has venue. =age 23

2 o" 2

 

8uesti 8ue stion on 3. 8uesti 8uestion on "

9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- #7 4eaching for a bottle of soda from a display in a argain +art store, 0ody slips in a puddle of spilled soda and falls, suffering an in(ury. argain +art’s +art’s employees are not aware of the spilled soda until 0ody falls. In a suit against argain +art, 0ody will most likely lose, because argain +art’s employees were not aware of the spill. lose, because 0ody should have exercised more care. win, because argain +art can recover from the soda bottler. win, because the spilled soda was foreseeable. =age #C#

2 o" 2

 

 

8uesti 8ue stion on ?. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- #7 4ex, an accountant, enters into a contract to provide services to 9ofi. 4ex does not finish the work within the contract’s deadline. 9ofi pays a penalty as a result of the missed deadline and hires Trey to complete the (ob. 4ex is most likely liable for  nothing. 9ofi’s penalty and the cost to hire Trey. 9ofi’s penalty only. the cost to hire Trey only. =age >#C

2 o" 2

 

8uesti 8ue stion on @. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- #7 Travis, an accountant, is sub(ect to the accounting conventions, rules, and procedures that constitute generally accepted accounting principles 6E!!=7. E!!= are determined by state courts. the !merican ar !ssociation. the !merican Institute of 0ertified =ublic !ccountants. the inancial !ccounting 9tandards oard. =age >#C

2 o" 2

 

8uesti 8ue stion on >. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation"

6T0- #7 rake pushes <von into the path of an oncoming car driven by lip. Eina tries to rescue <von. rake is liable for any in(uries to <von and lip but not Eina. <von and Eina but not lip. <von, lip, and Eina. none of the parties. =age #C?

 

=oints 4eceived" 0omments"

2 o" 2

 

8uestion 8uest ion #C. 8uestion 8uestion " 9t 9tud uden entt !nswe nswer" r"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- #7 <stes, an accountant, contracts to perform services for rasier. In performing those services, <stes uncovers a suspicious financial transaction. <stes is most likely not liable if he acte acted d negl neglig igen entl tly y in fail failin ing g to disc discov over er the the tran transa sact ctio ion n soon sooner er.. conceals the discovery and otherwise finishes the work. investigates and reports the discovery to rasier. obtains restitution from the perpetrator without rasier’s knowledge. =age >#C

2 o" 2

  BUSN 420 Week 3 ui!

  ra#ing Summar$

These are the automatically computed %ate &aken' &aken' results of your exam. Erades for essay questions, and comments from &ime S)ent' your instructor, are in the AetailsB ,oints -e+ei.e#' section below. uestion &$)e'  " uestions' #C uti)e Coi+e  

ra#e %etais 8 A uestions  

3(20(2015 41 min * 57 se+s 20 ( 20 /1 /100  Corre+t' #C

 

8uesti 8ue stion on #. 8uesti 8uestion on " 9tudent !n !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 <mployment 9ources, Inc., enters into a contract with red. If red is a minor, this contract is most likely enforceable. unenforceable. void. voidable. =age %#%

2 o" 2

 

8uesti 8ue stion on %. 8uesti 8uestion on "

9t 9tud uden entt !nswe nswer" r"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 5nder a contract with ucolic arms, !gro <xcavation, Inc., begins digging an agricultural pond. In mid)pro(ect, ! !gro gro asks for #2,CCC over the contract price, claiming an increase in the Acost of doing business.B ucolic agrees but later refuses to  pay. Their Their agreement is un unen enfo forc rcea eabl blee beca becaus usee !gro’ gro’ss pe perf rfor orma manc ncee was was a pre preex exis isti ting ng du duty ty.. unenforceable because ucolic’s promise was illusory. enforceable. unenforceable because its performance is unforeseeably difficult. =age %2#

2 o" 2

 

8uesti 8ue stion on '. 8uesti 8uestion on "

9tudent !nswer"

Instructor <xplanation"

6T0- *7 9helby offers to make digital copies of 4elay 0ompany’s 0o mpany’s  business conference videotapes, 0s, 1s, and other media for 2CC. 5nder the mailbox rule and the 5niform <lectronic Transactions !ct !ct 65<T!7, 65<T!7, 4elay’s acceptance by b y e)mail will be considered effective when received. sent. followed up by a confirmation con firmation letter sent by regular mail. composed on a 4elay computer. =age %'*

 

=oints 4eceived" 0omments"

2 o" 2

 

8uesti 8ue stion on *. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived"

6T0- *7 -pie offers to sell his guitar to =inky for #CC. =inky =ink y agrees. They complete and sign a printed p rinted form that includes, near the blanks for their signatures, the word Aseal.B This is a formal contract. an informal contract. a social contract. no contract. =age %##

2 o" 2

0omments"  

8uesti 8ue stion on 2. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 raxton questions whether there is consideration for his contract with Tawny Tawny to exchange his accounting accou nting services for her  payment of a certain amount. To constitute consideration, there must be a payment of money. a performance of services. a bargained)for exchange. detrimental reliance. =age %*>

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8uesti 8ue stion on 3. 8uesti 8uestion on " 9t 9tud uden entt !ns nswe werr"

6T0- *7 ;ou claims that he and +yra entered into an implied)in) fact contract. To establish this contract, it is not necessary n ecessary to show that a cou courrt impo impossed a prom promiise in the the inter nteres estt of fai fairnes rnesss. ;ou expected to be paid for providing services or property.

 

;ou provided +yra with services or property. +yra failed to re(ect services or property provided by ;ou. Instructor <xplanation" =oints 4eceived"

=age %##

2 o" 2

0omments"   8uesti 8ue stion on ?. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 lo tells Eregor that she will buy his textbook from last semester for 32. Eregor agrees. lo and Eregor have an executed contract. an express contract. an implied)in)fact contract. a quasi)contract. =age %##

2 o" 2

 

8uesti 8ue stion on @. 8uesti 8uestion on " 9tudent !nswer"

6T0- *7 Erant offers to sell his :onda 0ivic for #C,CCC to Ivy. 4eferring to the prices for similar :ondas, Ivy says, AI’ll pay no more than 2,CCC.B Erant says, Aorget it.B Erant’s offer was terminated by Erant. :onda. Ivy. no one, Erant’s offer offer is still open.

Instructor <xplanation" =oints 4eceived" 0omments"

=age %'#

2 o" 2

  6T0- *7 ;eif offers +iley #,CCC for her three)year)old laptop 8uesti 8ue stion on >. 8uesti 8uestion on "

computer. +iley accepts. If a dispute arises, a court would likely

 

9t 9tud uden entt !ns !nswe werr"

Instructor <xplanation" =oints 4eceived" 0omments"

enf enforce orce the the dea deall aft after er qu ques esttioni ioning ng the the ade adequ quac acy y of of con consi side dera rati tion on.. not question the adequacy of the consideration. rewrite the deal after questioning the adequacy adequac y of consideration. set aside the deal after questioning the adequacy of consideration. =age %*>

2 o" 2

 

8uestion 8uest ion #C. 8uestion 8uestion " 9tudent !n !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 <xpert =avers, Inc., contracts with abricated uilding 0orporation to repave abricated’s parking lot for which abricated agrees to pay. The requirements of this, and an any y other, contract do not include consideration. capacity. legality.  practicality. =age %C@

2 o" 2

  BUSN 420 Week 4 ui!

  These are the automatically computed %ate &aken' &aken' results of your exam. Erades for essay questions, and comments from &ime S)ent' your instructor, are in the AetailsB ,oints -e+ei.e#' section below. uestion &$)e'  " uestions' uti)e Coi+e #C   ra#e %etais 8 A uestions

3(27(2015 47 min * 01 se+s 20 ( 20 /1 /100  Corre+t' #C

 

 

8uesti 8ue stion on #. 8uesti 8uestion on "

9tudent !nsw nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 +ikayla enters into a contract with ;ogan to provide surface material for +ikayla’s tennis courts by !pril # for a tournament to begin +ay #. The contract specifies an amount to be  paid if the contract is breached. This is a liquidated damages clause if the amount is an exc exceessive es estimate of the loss on a breach ach. a reasonable estimate of the loss on a breach. designed to penali/e the breaching brea ching party. intended to quickly provide cash to the non)breaching party. =age '%?

2 o" 2

 

8uesti 8ue stion on %. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 Harson orally agrees to pay Gaime to plant and harvest a quarter of Harson’s farm acreage for four corn)planting seasons. !fter Gaime prepares the land and plants the first crop, Harson says that their deal is off. Gaime can most likely recover  in quasi contract. in reformation. in restitution. on the parties’ existing existing contract. =age '''

2 o" 2

 

8uesti 8ue stion on '. 8uesti 8uestion on " 9tudent !nswer"

6T0- *7 4eel Eraphics, Inc. agrees to assume a debt of 9uave +arketing 0ompany to Town 0redit 5nion. This promise is for 4eel’s benefit. To be enforceable, the promise pro mise must be in writing. must be in writing only if the debt is valued at 2CC or more. must be in writing only if the debt will not be repaid within one year. need not be in writing.

 

Instructor <xplanation" =oints 4eceived" 0omments"

=age %>2

2 o" 2

 

8uesti 8ue stion on *. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 ;ark enters into a contract to mine gravel in +ilena’s quarry, sell it, it, and share the profits on its sale with +ilena. If the duties under this contract are discharged like those under most contracts, the duties will be JJJJJ. repudiated  breached  performed rescinded =age 'C?

2 o" 2

 

8uesti 8ue stion on 2. 8uesti 8uestion on "

9t 9tud uden entt !nswe nswer" r"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 =ure -il 0ompany enters into a contract with 8uikilt, Inc., to construct an oil pipeline to withstand specific conditions. If  8uikilt fails to meet this standard, which is construed as a breach of contract and a breach of a duty of care, =ure might be awarded  punitive damages to esta establ blis ish, h, as a m mat atte terr of of p pri rinc ncip iple le,, tha thatt 8ui 8uik kil iltt aact cted ed wron wrongf gful ully ly..  provide =ure with funds for a foreseeable loss beyond the contract.  provide =ure with funds for its loss of the bargain. bargain.  punish 8uikilt and deter others from similar acts. acts. =age '%2

2 o" 2

  8ues 8u esti tion on 3. 3. 8ues 8uesti tion on "

6T 6T00- *7 ;o ;ou u and and +ir +iraa wan wantt to to resc rescin ind d the their ir co cont ntra ract ct unde underr whi which ch

 

9t 9tud uden entt !ns nswe werr"

Instructor

;ou sold an +=' player to +ira for 2C. To rescind rescind the contract ;ou ;ou mus mustt retur eturn n tthe he 2 2C C and and +ir +ira m mus ustt ret return urn tthe he play player er.. ;ou must return the 2C only. +ira must return the player p layer only. the parties can keep the AbenefitsB of their bargain. =age '%>

<xplanation" =oints 4eceived" 0omments"

2 o" 2

 

8uesti 8ue stion on ?. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 =ablo and +elia enter into an oral contract for =ablo’s sale to +elia of a laptop computer co mputer for *CC. !ssuming the terms can be proved, the contract is enforceable by the seller or the buyer. the manufacturer of the laptop. any third party who overheard the parties making the agreement.  None of the above. =age %>3

2 o" 2

  6T0- *7 Timber, Inc., and $ood $ood 0orporation enter into an oral 8uesti 8ue stion on @. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

contract for the sale of a lumber mill and the land on which it is situated from Timber to $ood. $ood. 5nder the 9tatute of rauds, this contract is enforceable by the seller. the buyer. any interested third party, pa rty, ssuch uch as the mortgagee or title company. compan y.  None of the above. =age %>%

2 o" 2

 

 

8uesti 8ue stion on >. 8uesti 8uestion on "

9tudent !n !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- *7 =ete, the owner of 8uality -rchards, contracts to sell fruit to 4ipe =roduce, Inc. $hen =ete refuses to perform, 4ipe =roduce files a suit to enforce the contract. To defend successfully on the ground of unconscionability, =ete must show that enforcement of the contract would be economically me meaningless. legally worthless. manifestly unfair or oppressive. undeniably valuable. =age %@?

2 o" 2

 

8uestion 8uest ion #C. 8uestion 8uestion "

9tudent !nswer"

6T0- *7 9id induces Ty to enter into a contract for the sale of a warehouse about which 9id fraudulently misrepresents a number of material facts. 9id also a lso tells Ty that his commission is 3 percent,  but their signed, written contract states A#% percent.B The parol evidence rule governs contracts that are induced by fraud. contracts that must be in writing to be enforceable. enforceab le. the admissibility in court of oral evidence. the reformation of oral and written statements into one contract.

Instructor <xplanation" =oints 4eceived" 0omments"   BUSN 420 Week 6 ui!

 

=age %>> 2 o" 2

 

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Instructor <xplanation" =oints 4eceived" 0omments"

6T0- ?7 The process behind the production of Aast =ace,B a racecar video game, is protected by JJJJJ. copyright law  patent law trademark law trade secrets law =age #'C

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Instructor <xplanation" =oints 4eceived" 0omments"

6T0- ?7 4ite+ade +achinery, Inc., designs, makes, and sells a drill press. 9teel <quipment 0ompany copies the design without 4ite+ade’s permission. permission. 9teel’s conduct is actionable provided consumers are confused. 9teel’s conduct is intentional. 9teel’s conduct reduces the value of 4ite+ade’s design. 4ite+ade’s design is patented. =age #%*

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Instructor <xplanation" =oints 4eceived" 0omments"

6T0- ?7 Goey reproduces +ina’s copyrighted work without paying royalties. Goey is most likely excepted from liability for copyright infringement under the Afair useB doctrine if  Goey copies the entire work. Goey distributes the copies freely to the public. Goey’s use has no effect on the market for +ina’s work. Goey’s use is for a commercial purpose. =age #%?

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9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- ?7 iamond inancial =lanners employs <lla, who is the firm’s most most productive performer. <lla, dissatisfied with the commission structure, quits to work for eldstar Investments, Inc. 9he takes her list of iamond clients to induce them to switch to eldstar. Trade Trade secrets law covers iamond’s list o off cl clients. <lla’s performance. eldstar’s commission structure. none of the choices. =age #'C

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9tudent !nswer"

6T0- ?7 elite Toys, Inc., makes <K Eoo, a famous children’s toy. $ithout elite’s elite’s consent, ast !dhesives 0ompany begins to use Ae/gooB as part p art of the 54; for ast’s website. ast claims that no consumer would confuse the website with the toy. ast has committed copyright infringement.  patent infringement. trademark infringement. no actionable violation.

Instructor <xplanation" =oints 4eceived" 0omments"

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8uesti 8ue stion on 3. 8uesti 8uestion on " 9tudent !nswer"

6T0- @7 1ia 1ia the Internet, 4ocky sabotages the computer system of  8uik 0hik’n 0ompany, a food manufacturer, with the purpose of altering the levels of ingredients of the company’s compan y’s products so that consumers of the food become ill. 4ocky is JJJJJ. a cyberterrorist a botnet

 

a virus a worm Instructor <xplanation" =oints 4eceived"

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0omments"   8uesti 8ue stion on ?. 8uesti 8uestion on " 9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- @7 1ia e)mail, 1ern 1ern makes repeated credible threats to 5rsula that put her in reasonable fear for her safety. This is JJJJJ. cyber stalking employment fraud  phishing vishing =age #3@

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6T0- @7 Nestor establishes a phony account in +eetLEreet, a social network, and creates a fictitious persona to cyberbully ;eona. This is JJJJJ. cyber stalking employment fraud  phishing vishing

Instructor <xplanation" =oints 4eceived" 0omments"

=age #3@

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  8ues 8u esti tion on >. >. 8ues 8uesti tion on "

6T 6T00- @7 In ;a ;ass 1e 1egas, gas, Neva Nevada da,, Hur Hurtt pla place cess a bet bet on a foot footba ball ll game with a bookmaker via v ia a website based in ;as 1egas. 1egas. In 0leveland, -hio, orothy places a bet on the same game with a

 

9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

 bookmaker via a website based in 0leveland. Eambling is regulated in JJJJJ. all states only a few states no state -hio only =age #?2

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8uestion 8uest ion #C. 8uestion 8uestion "

9tudent !nswer"

Instructor <xplanation" =oints 4eceived" 0omments"

6T0- @7 oris programs software to prompt a computer to continually crash and reboot. oris’s goal is to install this program on various companies’ computer systems without the companies’ knowledge. The program can reproduce itself, but must be attached to a host file to travel from one computer network to another. This program is JJJJJ. a hacker   a bot a virus a worm =age #?C

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  BUSN 420 Week 9 E:am Answers

8uestion #. 1; 6T0- #7 !s an assistant assistant in the legal department of o f a ma(or corporation, your supervisor has asked you to do some research on how various laws may be applied in an upcoming case. Mour department needs to coordinate with outside counsel and wants to be up to speed on how the law works. <xplain the sources of law in the !merican legal system. Is our civil law system more or less advantageous than the common law system& $hy is it important to understand all sources of law and where to find them& <xplain your answer with exa examples mples in a  business context. 6=oints " %27

 

8uestion %. 2; 6T0- %7 Eiven the current economic climate nationwide and locally, the state of elmarva would like to impose a higher tax on out)of)state companies doing business in the state than it imposes on in)state companies. The reason behind the legislature’s enactment of this law is to protect the local firms from out)of)state competition because they are losing local business, which is affecting the state’s economy. Is this law legal, or is it a violation of equal protection for  a state to impose& $hat legal standards could the court co urt apply in evaluating the constitutionality of a law and which would apply in this instance& <xplain. 6=oints " %27   8uestion '. 3; 6T0- '7 0reate a brief scenario and walk it through the litigation process,  beginning with how to select the proper (urisdiction of a court, and progressing through the basic steps leading to a resolution of the dispute through appeal. 6=oints " %27   8uestion *. 4; 6T0- *7 9andy mails a letter back to !ndrea that she has signed the letter makes reference to a car !ndrea has for sale and !ndrea’s desired price. $hen !ndrea later delivers the car to 9andy, 9andy returns the car, claiming she does not want the car and that they did not have hav e aand contract, soenforce she is not bound to keep the price car. !ndrea, however, claims they do have a contract wants to said contract for the of the car. $hat standard would the court use to determine whether there is a contract between the parties for the sale of the car& 6=oints " %27   8uestion 2. 5; 6T0- 27 There are several distinctions in contract law between the 500 and common law as it relates to certain principles. !s it relates to modification of a contract, how is the 500’s treatment of this sub(ect different from that of common law& $hat are the th e important factors to be considered& =rovide an example that demonstrates the difference. 6=oints " %27   ,age 2

8uestion #. 1; 6T0- 37 <xplain your understanding of administrative law. :ow would you classify administrative law from a categorical standpoint as it fits in the context of other areas of law and what procedures are involved in the administrative process as it pertains to an agency’s agenc y’s function and purpose& 6=oints " %27   8uestion %. 2; 6T0- ?7 9mart 0orporation began marketing phone in %CC% under the mark A9mart.B In %CC@, 9mart.com, Inc., a different company selling different products, such as school supplies and the like, begins using AsmartB as part of its web website site 54; and registers As+!4TB As+!4TB as its domain name. 0an 9mart 0orporation stop this use of As+!4TB& As+!4TB& If so, what must the company show& 5se the scenario given g iven to explain your answer in this context. 6=oints " %27

 

  8uestion '. 3; 6T0- @7 Mour Mour 0ompany, Inc. wants to do business with +y 0ompany, ;;0. ecause our companies are both savvy, they would like to conduct their business online. $hat determines the effect 6or lack thereof7 of the electronic documents evidencing the parties’ deal according to the 5niform <lectronic Transactions !ct !ct 65<T!7& 65<T!7& Is a AsignatureB A signatureB from one of the company’s a necessary part of the deal& <xplain you answer by elaborating on the scenario with the facts you think are necessary to support your position. 6=oints " %27   8uestion *. 4; 6T0- >7 !gency law plays a big part in corporate responsibility 6and liability7. ifferentiate between an employee and an independent independ ent contractor. $ $hat hat is the difference and what are the key factors that must be considered in determining one’s status as an employee or independent contractor& -nce status is determined, what affect will it have on the responsibilities of the agent& The principal& Is one status better than another& $hy& <xplain your answers using a representative example involving a principal, an agent, and a situation that would call the agent’s status into question. 6=oints " %27   8uestion 2. 5; 6T0- #C7 Tim and Tom Tom are twins. They live and work near the beach and are also  partners in TnT, TnT, Inc., a bicycle messenger service. $ $hen hen deliveries are few, especially in the summer, Tom Tom without telling Tim, rents the extra bicycles to tourists who want to explore exp lore the resort area. ecause the bicycles aren’t being used for deliveries, is it acceptable for Tom Tom to keep the proceeds he receives from renting leasing the unused bicycles& <xplain your answer based on the facts in the scenario in the context of partnership law. 6=oints " %27

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