ETH 321 Assignment Week 1 Alternative Dispute Resolution (ADR) Ethics and Risk Management Study (Dazzling Dough Co. Vs Jerry’s Pizza)
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The purpose of this assignment is to analyze and select an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior, and to develop risk management procedures to avoid or reduce claims and litigation. Read the following scenario: Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of the restaurants buy at least 150 pounds of pizza dough from Dazzling Dough Co. in each order. Jerry's Pizza contacted Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with some other items. Dazzling Dough Co. sent Jerry's Pizza a written contract, prepared by Dazzling Dough Co.'s lawyer, stating that "Jerry's Pizza agrees to purchase 200 pounds of pizza dough, pizza toppings, desserts and soft drinks for $30,000." Jerry's Pizza signed and returned the contract. A few days later, Dazzling Dough Co. sent Jerry's Pizza 125 pounds of pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks. Jerry's Pizza contacted Dazzling Dough Co. about the error in the contract and demanded an extra 75 pounds of pizza dough. Dazzling Dough Co. said there was no error, that Jerry's Pizza signed the contract so they agreed to the terms, and it was not sending the extra pizza dough. After several attempts to resolve the dispute and a pressing need for dough, Jerry's Pizza terminated the contract and sent Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza dough, pizza toppings, desserts and soft drinks. Jerry's Pizza immediately purchased 75 pounds of pizza dough from another company for $12,000. Both parties are threatening to sue each other for breach of contract. They prefer to resolve the dispute out of court because the contract contains a clause that awards reimbursement of attorney's fees to the winning party. The board of directors of Jerry's Pizza scheduled a meeting with you and other senior management at the company to discuss the dispute. You'll need to prepare a strategic plan overview (an abbreviated strategic plan, not a full plan) for the board that explains why
there is a dispute, suggests various settlement proposals, and provides recommendations on how Jerry's Pizza can avoid this kind of dispute in the future. Prepare a 525- to 875-word strategic plan overview to resolve the legal dispute for the board (use the bullet point headings provided below to format your overview) addressing the following: Summary of Dispute Identify the source of the dispute. Identify each party's interpretation of the contract language. Identify whether each party's interpretation is reasonable. Identify any missing facts that would be helpful to know in order to resolve the dispute. Proposed Revisions to Contract Language Recommend specific revisions to the contract's language so that it is clear what Jerry's Pizza expected to buy and what Dazzling Dough Co. is required to deliver. Ethical Considerations Explain the ethical considerations for a company to enforce specific terms of a contract against another company if the other company is mistaken about what was agreed to. Discuss the factors that should be considered. Recommendations Two to three possible settlement options (e.g., pay for the disputed dough, reduce the amount of dough to be purchased, split the difference, refuse to pay, etc.) Two to three methods of dispute resolution (e.g., negotiation, mediation, arbitration, litigation, etc.) that Jerry's Pizza can propose to Dazzling Dough Co. ETH 321 Assignment Week 1 Family-Owned Business Memo (mom and pop Grocery Store)
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Read the following scenario.
A family-owned business can have special complications. The line separating family relationships and legal responsibilities can be unclear. It is important for directors, officers, and owners of a family-owned business to be aware of the issues to avoid misunderstandings and unintended liability and to preserve familial relationships.
You are a consultant advising a "mom and pop" grocery store owned by Jeff and Joan, a married couple, and their two adult children, Martha and Henry. The grocery store operates under a subchapter S corporation. Jeff and Joan as a couple own 70% of the corporation's shares, and Martha and Henry each own 15% of the shares. Jeff, Joan, and Martha are directors of the corporation, and Henry is the corporation's chief executive officer (CEO).
Create a minimum 700-word client memorandum (memo) addressing the following: Explain the legal duties that Jeff and Joan, as majority shareholders, have to Henry and Martha as minority shareholders. What are their duties to Henry (an owner) as directors of the corporation? Define the types of ethical duties Jeff, Joan, Martha, and Henry have to each other as owners of the company. What about as family members? Provide suggested steps the family can take to abide by their legal duties as directors and officers, yet still preserve relationships between family members. Click on Office Templates and use the following search parameter: memorandum.
Format your paper consistent with APA Guidelines. You must use APA formatted headings to add organization to your paper. Use bold and centered first-level headings, and put second-level headings in bold at the left margin. Capitalize all major words in both headings and eliminate italics. Have a Summary or Conclusion first-level heading.
Cite to the textbook and a minimum of two peer-reviewed sources within your paper and they must also be identified in your APA correctly formatted References Page.
Support your position/answers using legal terms, definitions and concepts found in this week's course materials.
Format your paper so that all paragraphs have a minimum of three sentences.
ETH 321 Assignment Week 2 Assignment Legal Duties Of Corporate Directors And Officers (Fitzgerald Foods Company Policy Document)
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The purpose of this assignment is to explain the legal duties imposed on corporate directors and officers, to determine whether a director or officer has violated his or her legal duties to the corporation, and to evaluate how a violation of such duties may negatively affect the corporation and its shareholders. Read the following scenario. Fitzgerald Foods is a food processing corporation. In the past year, three directors were forced to leave Fitzgerald Foods after it was discovered the directors breached their legal duties to the corporation. Two of the directors were also officers of the corporation. The chairman of the board at Fitzgerald Foods is concerned that the remaining directors don't understand their legal duties to the corporation and that new directors won't understand their duties either. You are the chief executive officer (CEO) of the corporation. The chairman of the board asked you to work with the corporation's legal counsel to make a company policy document for directors and officers about their legal duties to the corporation.
paper must be a 700- to 1,050 word company policy (template provided) for Fitzgerald Foods' directors and officers completing the following: Legal Duties of Directors and Officers (a heading from policy document) Explain the legal duties of directors and officers to the corporation, including the "business judgment rule." Benefits of Compliance (a heading from policy document) Discuss the benefits of compliance for Fitzgerald Foods. Consequences of Noncompliance (a heading from policy document) Analyze how unethical activity by a director or officer can lead to a violation of a legal duty owed to the corporation. Provide a brief example from a news article or court case within the last three years that demonstrates corporate director or officer liability in the United States. Recommend separately (not a heading on the policy document) to the chairman of the board in 45 to 90 words at least two business risk management procedures that Fitzgerald Foods can adopt in the future to avoid violations of legal duties by its directors and officers. Use the Fitzgerald Foods Company Policy template as a guide for your policy document. Search the internet for examples of completed policy documents using the following search parameters: policy document example, policy document template, policy document format, policy document sample, or any variation you choose. An example may assist you to make your policy document. Cite a minimum of two references according to APA guidelines.
ETH 321 Assignment Week 3 Individual Signature Assignment-Employee Classification and Discrimination (Dream Massage) (2 Papers)
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This Tutorial contains 2 Papers
The purpose of this assignment is to evaluate different types of employment relationships and potential discriminatory employment policies from an ethical standpoint. Read the following scenario. Janice was hired by Dream Massage to be a massage therapist. She is engaged as an independent contractor and, therefore, receives no tax withholding or employment benefits. Dream Massage requires Janice to work a set schedule, provides her with clients and all her massage products, and exercises complete control over how Janice does her work. In addition, when Janice shows up to work the first day, she is informed by Dream Massage that she cannot wear her hijab as it violates the company's dress code policy. The owner of Dream Massage comes to you, a human resources (HR) consultant, to find out if Janice is properly classified as an independent contractor and if there is potential liability concerning the hijab. Create a 700- to 1,050-word HR report for Dream Massage in which you examine the employment issues presented in the scenario. Include the following: Analyze whether Janice qualifies as an employee or should be classified as an independent contractor. Discuss whether Dream Massage has potentially violated any employment discrimination laws. Analyze ethical considerations associated with the maintenance of a rigid company dress policy. Cite a minimum of three references. Format your paper consistent with APA guidelines. ETH 321 Assignment Week 3 Team Assignment Sexual Harassment Education for Managers
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The purpose of this assignment is to define sexual harassment in the workplace and its negative effect on employees and the business, to analyze the requirements for a sexual
harassment claim, to develop methods that a business can adopt to reduce or eliminate sexual harassment claims and litigation, and to assess liability based on the form of business entity.
Read the following scenario. High-profile sexual harassment scandals, such as allegations against Bill Cosby, Harvey Weinstein of the Weinstein Company, and Bill O'Reilly and Roger Aisles of Fox News, are changing the landscape of workplace sexual harassment claims and litigation.
Conduct a roundtable discussion (in person, web conference, or via e-mail, text, etc.) with your Learning Team members regarding sexual harassment as a growing ethical and legal concern for businesses today. Each Learning Team member must be prepared to discuss each topic. Assign a group moderator to keep the discussions on track. Your discussion should last at least 45 minutes to one hour and include the following:
•Define sexual harassment and discuss applicable law (such as the Civil Rights Act of 1964). How does the state law in your state address sexual harassment?
•Discuss a recent sexual harassment claim in the news and whether media coverage is beneficial or detrimental to reporting and reducing sexual harassment claims in the workplace. Should sexual harassment claims be addressed publicly or handled privately?
•Explain the ethical and legal considerations of a business protecting its employees (the accuser, the accused, and other employees in the company) while a workplace sexual harassment investigation is underway. Does your answer change if the allegation is a widely known scandal-making front page news?
•Compare the sexual harassment liability of a business entity that is a sole proprietorship with an entity that is a corporation.
•Recommend risk management procedures a business can implement to avoid or reduce sexual harassment claims from occurring in the workplace. ETH 321 Assignment Week 4 Individual Trade secret theft study (Futuretek)
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Read the following scenario. Futuretek sells high-tech computer chips and software to smartphone manufacturers worldwide. Futuretek maintains two software databases: one containing Futuretek's customer list with nonpublic contact information for key personnel, and the other containing customer purchasing trends. The information in the two databases is available for employees to view and use in connection with their job duties. Dana is a computer programmer for Futuretek. Dana plans to run her own company one day and design and sell her own computer chips to smartphone companies. As an employee, she has access to the two databases containing Futuretek's key purchaser and purchasing trends information. Dana decides to leave Futuretek and start her own computer chip business. Before she leaves, she makes a copy of the two databases on a portable hard drive. Dana uses the information to contact Futuretek's customers and offer them cheaper, but comparable, computer chips manufactured by Dana's new company, SmartChip. Futuretek becomes aware of Dana's actions and asks you, the chief operations officer, for advice and recommendations on what to do.
Determine whether Dana has taken Futuretek's intellectual property (IP), and if so, describe the type(s) of IP that was taken. Explain any civil actions in tort or criminal actions that may be brought against Dana or SmartChip. Assume Futuretek sues SmartChip, and Futuretek wins the lawsuit. Recommend ethical policies that SmartChip can put into place to prevent future legal claims and litigation against the company.
Recommend risk management procedures that Futuretek can implement to avoid or limit this type of activity from happening to the company in the future.
ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues Presentation (Great Buys)
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The purpose of this assignment is to analyze internet-based contracting issues, such as online contract formation; to determine the requirements for performance and breach of online contracts; and to develop enforceable methods for dispute resolution.
Read the following scenario. Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process. • Great Buys isn't sure it has a binding contract with its customers because the contract is completely online and in electronic format. • Customers have argued they are not bound to the online contract because there's no handwritten "pen and ink" signature. • Great Buys also wants to know if any international laws will apply when the company starts selling its electronic products internationally. • Great Buys has been sued in different state courts all over the country, and it would like to know if an arbitration clause requiring that arbitration be conducted in New York City will be enforceable. • Finally, Great Buys wants one or two suggestions for improving its internal business procedures so that customer product complaints don't turn into contract-related claims or lawsuits.
Great Buys' management team asks you, the company's contract manager, to work with your team and address their concerns.
Prepare a 500 word report (excluding cover and reference pages) for Great Buys that addresses all of the company's concerns above. Your Learning Team should determine how to allocate tasks among the members (do not submit reports by individual Learning Team members).
Cite a minimum of two references.
Format your assignment according to APA citation guidelines (for audio or video option above or presentation option above) or APA formatting guidelines (for report option above). ETH 321 Assignment Week 5 Securities and International Regulatory Agencies
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The purpose of this assignment is to analyze the effect of domestic and international regulatory agencies and court systems on business transactions and dispute resolution. Read the following scenario: You are the CEO of Bonner, a U.S.-based farm equipment corporation. Bonner recently announced the release of an innovative new tractor with technology based on a patented invention developed by Bonner's engineers. Bonner's vice president, who is aware of the upcoming product offering, bought 100,000 shares of Bonner stock prior to the announcement. You found out about the vice president's stock purchase on the day of the announcement.
One week after the announcement, Bonner received a letter from a German farm equipment corporation, accusing Bonner of patent infringement based on the new tractor's technology. Bonner's board of directors asked you to assess the vice president's liability for the stock purchase and the company's options for resolving the German corporation's patent infringement claim. Prepare an infographic for the board (e.g., Piktochart速, Publisher, Glogster速, Microsoft速 PowerPoint速, etc.) in which you discuss the following: Compare the resolution of the patent dispute in a U.S. court with the resolution of the dispute using the World Intellectual Property Organization's (WIPO) dispute resolution program. Search the internet to review WIPO's dispute resolution program. (Information about WIPO's dispute resolution program may be located on their website by searching the Internet for WIPO). Assess the liability of Bonner's vice president for purchasing the corporation's stock prior to the announcement of the new tractor. Assess whether Bonner has any legal or ethical duties to disclose the stock purchase, and if so, to whom? Discuss risk management procedures Bonner can adopt to avoid or reduce situations like these from happening in the future. Create a 350- to 525-word letter in response to the German farm equipment company in which you: Explain why Bonner is the owner of the invention Discuss the intellectual property rights owned by Bonner in the invention Suggest a method of dispute resolution (e.g., arbitration, mediation, litigation, WIPO dispute resolution), why that method would be desirable for resolving the dispute, and how and where the dispute resolution should be held (United States, foreign country, online, etc.). Cite a minimum of two references. Format your assignment according to APA guidelines. ETH 321 Entire Course
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ETH 321 Final Exam Guide (New, June 2018) ETH 321 Week 2 Quiz ETH 321 Assignment Week 1 Alternative Dispute Resolution (ADR) Ethics and Risk Management Study (Dazzling Dough Co. Vs Jerry’s Pizza) ETH 321 Assignment Week 1 Family-Owned Business Memo (mom and pop Grocery Store) ETH 321 Assignment Week 2 Assignment Legal Duties Of Corporate Directors And Officers (Fitzgerald Foods Company Policy Document) ETH 321 Assignment Week 3 Individual Signature Assignment-Employee Classification and Discrimination (Dream Massage) (2 Papers) ETH 321 Assignment Week 3 Team Assignment Sexual Harassment Education for Managers ETH 321 Assignment Week 4 Individual Trade secret theft study (Futuretek) ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues Presentation (Great Buys) ETH 321 Assignment Week 5 Securities and International Regulatory Agencies ETH 321 Final Exam Guide (New)
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Civil enforcement powers regarding federal antitrust matters belong to _______. • the Treasury Department • the Department of Revenue and Taxation • the FTC and the Department of Justice •
the Department of Labor Which of the following is true of tort law? • It protects people from being tried twice for the same crime. • Tort law typically deals with breach of contract. • It provides compensation to those workers who have been injured on the job. • It sets limits on how people can act and use their resources.
Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does not mention prices. The server takes their order and both Betty and Fred enjoy the me al immensely. When the bill comes, Fred refuses to pay because the menu had no price s and because he and the server never engaged in language indicating and offer and ac ceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the se rver merely asked “What may I get you tonight?” Which of the following is true? • Fred must pay based on an implied-in-fact contract theory. • Fred must pay based on a promissory estoppel theory. • Fred must pay based on expressed contract theory. • Fred is correct because no contract was formed. Which of the following statements is true of the WARN Act? • It requires employers to give notice to an “at will” employee that he/she is being fired. • It requires employers to give notice to employees that they are being subjected to polygr aph tests. • It requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees. • It requires employers to give notice of a scheduled mass layoff. _____________ jurisprudence supports the idea that law can and should change to me et new developments in society. •
Sociological • Natural • Historical • Positive law Which of the following is true of the assumption of risks during delivery of goods? • The buyer is responsible for damages to goods when the seller is about to transfer for s hipment. • The seller is liable for any damages incurred to the goods during shipment. • The buyer is liable for any damages incurred to the goods during shipment. • The seller is always responsible for shipping the goods to the buyer. A 911 emergency response service needs operators who are bilingual in English and Sp anish. A few applicants of Spanish origin are rejected due to poor Englishspeaking skills. They file a complaint on the grounds of discrimination based on nation ality. Their complaint is squashed. Here, the defense of the federal government is on th e grounds of _______. • inculpatory evidence • circumstantial evidence • bona fide occupational qualifications • exclusionary rule Article 6 of the Treaty on European Union, called the Maastricht Treaty, states the EU is founded on: • private markets • rule of law • specific performance •stare decisis Interpreting Congressional intent, which of the following is never a bona fide occupati onal qualification (BFOQ)? •Race
•National origin • Sex •Religion Ethical formalists maintain that: • the good of the many always supersedes the good of the few. • harm to an individual is allowable as long as it serves a greater good. • harm to individual rights is never justified by an increase in organizational or common good. • values are situational and change based on circumstance. The classification of crime is based on ________. • punishment imposed if convicted • prior record • location • the judge's prerogative Which of the following issues of administrative agencies relates to the substantive outc ome of agencies’ rule-making and adjudicating authority? • The administrative process is overwhelmed with paperwork and meetings. • Enforcement of some laws varies over time. • The reward system usually does not make a significant distinction between excellent, m ediocre, and poor performance. • It is very difficult to discharge unsatisfactory employees.
Which of the following is true of the use of alternative dispute resolution (ADR) techni ques? • Disputing parties can agree to use an ADR technique after the dispute arises. •
ADR techniques are ineffective once the pretrial process has begun. • Disputing parties cannot use an ADR technique not specified in the original agreement . • Disputing parties must begin a lawsuit to use any form of ADR. The crucial issue with the continuity factor of a business’s organizational form is ____ ___. • the method by which the business can be dissolved • profit distribution • the method of customer service observed • management style The ___________ holds that contracts or conspiracies in restraint are illegal only if the y constitute undue or unreasonable restraints of trade and that only unreasonable atte mpts to monopolize are covered by the Sherman Act. • rules of per se legality • Parker v. Brown doctrine • duty to deal doctrine • rule of reason Interest-based negotiations are superior to position-based negotiations because: • the difference between the interests of the parties is often large. • interest-based negotiation requires the presence of a judge or magistrate. • position-based negotiation is often only concerned with preparing for litigation. • interest-based negotiations allow room for consideration of nonfactual concerns, such as relationships and long-term interests. The determination that a crime has been committed and that evidence is sufficient to w arrant the accused standing trial is known as:
• nolo contendere. •indictment. •double jeopardy. • probable cause. Which of the following is true under the regulations of interstate commerce? • Regulation on any activity is appropriate if it aids interstate commerce. • Activities affecting interstate commerce do not come under the power of the deferral go vernment. • Intrastate activities affecting interstate commerce can be regulated only by the state gov ernments. • The states have the exclusive power to commerce that passes that passes across their lin es. Finishing the construction of a home two days after the contract called for completion (no injury occurs) most likely will be considered _______. • significant performance • substantial performance • breach of contract • implied performance Frequent, abusive, threatening phone calls by creditors are most likely to provoke the b asis for a claim of _____________. • intentional infliction of emotional distress • malicious representation • misrepresentation • false imprisonment and malicious prosecution Which of the following is true of a violation of trade secrets’ rights? •
One must misappropriate another's information. • Unauthorized use of another's information constitutes a violation of trade secrets' right s. • One must use another's information without permission. • Stealing another's intellectual property violates trade secrets' rights. Which of the following states that parties to a written contract may not introduce oral e vidence to change written terms? • The parol evidence rule • Concurrent conditions • Conditions subsequent • The statute of frauds In a(n) ___________, the shareholders are taxed only on income distributed. • sole proprietorship • corporation • limited partnership . limited liability company ____________ is a court created rule that limits when courts can review administrative decisions. • The doctrine of estoppel • The doctrine of lapse • The doctrine of exhaustion of remedies • The doctrine of primary jurisdiction An employee at-will can be fired for which of the following? • Making public statements about the hazardous working conditions in a company.
• Making public the fact that the employer was cheating the government on a defense co ntract. • Taking time off from work to care for a dependent without informing the employer. • Taking time off from work to serve on jury duty after the boss asked the employee to re quest a waiver. The ideas and philosophies that explain the origin of law and its justification are called : • jurisprudence • stare decisis • torts • rule of law Federal law and business leaders alike favor ____________ as a means of governing p rivate business ethics. • establishment of federal regulators in all private companies to establish and enforce et hical standards • self-regulation by companies • giving the federal government exclusive jurisdiction regarding ethics and ethics violati on enforcement •creating uniform statutes of business ethics
Which of the following is true in cases where only one party drafts the contracts that co ntain terms that appear vague and ambiguous to the other party? • The court will interpret the ambiguous and vague terms against the party that drafts th em. • The court will declare the drafting party’s behavior as a tort due to intentional ambigui ty of terms. • The court will interpret the terms as they mean in the common language.
• The court will reject the nondrafting party’s attempt to reinterpret the terms after the contract has been signed. Myra offers to sell her home to Hanna for “about $100,000 plus closing costs.” Hanna accepts Myra’s offer, but later a dispute arises concerning the precise dollar amount o f the purchase price. How will a court resolve this dispute? • The court will appoint a licensed real estate appraiser to determine the price to be paid by Hanna. • The court will require Hanna to pay the average of her price and Myra’s price. • The court will declare the purchase price and terms too indefinite to create a binding c ontract. • The court will determine a reasonable price to be paid by Hanna. Hillward Bakers has been using a blue HB logo with a baker’s hat on the HB since the ir inception ten years ago. Hobart Bakers, a newly opened bakery and confectionary ch ain, has used the same logo. Hillward has not registered its logo, but it chooses to sue Hobart anyway. Which of the following is true of this case? • Hillward can sue Hobart since the logo has been used by Hillward and is associated wit h it. • Hillward cannot sue Hobart because logos cannot be patented or trademarked. • Hillward cannot sue Hobart since the logo has not been registered as a trademark. • Hobart can defend that Hillward created something that lacks utility and cannot be tra demarked.
ETH 321 Final Exam Guide (New, June 2018)
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1) The usual measure of damages for a breach of sales contracts is the difference between the contract price and the ________.
A) current market price of the goods B) market price at the time of contract C) market price at the time of breach D) current cost price of the goods
2) The most common remedy for a breach of contract is an award of ________.
A) injunctions B) substitute contracts C) reformations D) monetary damages
3) Which of the following statements is true of the NAFTA?
A) It allows a member country to reimpose tariffs if imports are hurting that country's economy or its workers. B) It disallows any special protection being extended to specific industries. C) It disallows NAFTA members from trading with other countries unless a unanimous permission is obtained. D) It has been hailed by economists to be a perfect example of a free trade pact.
4) Under the ________ rule, a contract with an intoxicated person is voidable only if the person was so intoxicated when the contract was entered into that he or she was incapable of understanding or comprehending the nature of the transaction.
A) validation B) exclusionary C) force majeure D) majority
5) What is the significance of the age of majority in relation to legal contracts?
A) People below the age of majority can directly enter into lawful contracts. B) Mentally incompetent persons need to achieve the age of majority in order to enter into a legal contract. C) It is the age above which people of capacity can enter into a legal contract. D) Minors who have entered the age of majority require his or her parents or guardian's consent to enter into a legal contract with adults.
6) Which of the following is a difference between acceptance and revocation?
A) Revocation is valid only if the offeree receives it, while an offeree's acceptance is valid when dispatched. B) Revocation can be done by the offeror or offeree, while an acceptance can only be done by the offeree. C) An acceptance must be received by the offeror to be valid, while a revocation need not be received by the offeree. D) A revocation can be made after acceptance, while an acceptance cannot be made after revocation.
7) Which of the following is true of the Uniform Commercial Code (UCC)?
A) The UCC has never been amended since it was first drafted. B) The UCC is not considered as law, but rather as a guide to lawyers and judges. C) The provisions of the UCC normally take precedence over the common law of contracts. D) The UCC has been adopted in its entirety by all states.
8) Which of the following is one of the four basic requirements for contract formation and enforcement?
A) A promise must be supported by a signed written document and an advance payment. B) The parties must have contractual capacity. C) The object of the contract must be ethical. D) Both parties to the contract must be at least 21 years old.
9) Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________.
A) invasion of the right to privacy B) tort of appropriation C) disparagement D) misappropriation of the right to publicity
10) Which of the following is true of merchant protection statutes?
A) They allow merchants to detain shoplifters without being held liable for false imprisonment. B) They allow merchants to detain suspects for as long as the merchants deem necessary. C) They allow merchants to interrogate suspected shoplifters using forceful, coercive methods. D) They allow merchants to exact reasonable payments from suspects as a punitive measure.
11) Which of the following statements is true of battery?
A) It is considered an unintentional tort that the law considers to be trivial in nature.
B) It is a legally sanctioned use of force on a particular individual. C) It is considered an act of negligence on the part of the perpetrator. D) It entails harmful and unauthorized contact between victim and perpetrator.
12) Which of the following is true of the Age Discrimination in Employment Act (ADEA)?
A) Private plaintiffs cannot sue under the ADEA. B) Persons under 40 are not protected by the ADEA. C) Employees need to be a minimum of 55 years of age to be protected by the ADEA. D) Discrimination in certain employment decisions, like hiring, is permitted under the ADEA.
13) If a state enacts a law that increases its tax on imported automobiles but not on American-made automobiles, it violates the ________ of the U.S. Constitution.
A) Equal Protection Clause B) Foreign Commerce Clause C) Supremacy Clause D) Due Process Clause
14) Which of the following is true of religious discrimination under Title VII?
A) Only monotheistic religions are covered under Title VII. B) An employer should reasonably accommodate religious observances or practices of its employees at the workplace. C) An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII. D) Religious organizations cannot give preference in employment to individuals of a particular religion.
15) Which of the following is true of the right to sue letter issued by the EEOC?
A) It is issued when the EEOC chooses to bring suit. B) It is issued when the EEOC does not find a violation. C) It is issued when the complainant is found guilty. D) It is issued only when the discrimination is racial in nature.
16) Which of the following statements is true of child labor regulations adopted by the Department of Labor?
A) Children between the ages of 14 and 15 may work unlimited hours in nonhazardous jobs. B) Children between the ages of 16 and 17 may work limited hours in hazardous jobs. C) Children under the age of 14 may work limited hours in nonhazardous jobs. D) Children employed in agriculture have no time or work restriction.
17) Which of the following is true of workers' compensation?
A) Families of workers cannot claim workers' compensation despite the death of the worker. B) Workers' compensation is only awarded for injuries resulting from the job. C) The claim for workers' compensation must be filed with the employer. D) Workers' compensation is a fixed amount throughout the country.
18) Under Title VII of the Civil Rights Act, if a supervisor harasses an employee but no tangible employment action is taken, then ________.
A) the employer is strictly liable for the harassing supervisor's conduct B) the employer cannot raise a defense to avoid liability C) the employer is vicariously liable unless it can prove affirmative defense D) the rules of employer liability are the same as they would be if the harassing employee was a coworker
19) Which of the following is true of Good Samaritan laws?
A) They relieve doctors from liability for ordinary negligence when they render aid to victims in emergency situations. B) They exempt doctors from liability for gross negligence when they render aid to victims in emergency situations.
C) They absolve doctors from liability for injuries caused by reckless conduct when they render aid to victims in emergency situations. D) They free doctors from liability for injuries caused by intentional conduct when they render aid to victims in emergency situations.
20) What color is an Orange?
A) Maize B) Blue C) Maize & Blue D) Orange ETH 321 Week 1 DQ
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Why should a company care about Ethics? What are some positives of the Common Law? What is the deference between Venue and Jurisdiction? Give examples of each one. The 5th Amendment requires the government to act with Due Diligence. What does that mean? What is the difference between Binding Arbitration and Mediation? What are some pros of ADR vs. Litigation?
ETH 321 Week 1 Individual Assignment Laws and Ethics Paper (2 Papers)
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This Tutorial contains 2 Papers The purpose of this assignment is to differentiate between law and ethics, understand how both affect today's business environment, and identify the importance of alternative dispute resolution in business. Assignment Steps Develop a 1,050-word summary contrasting law and ethics describing the following: Describe how laws or regulations affect your past or current job or industry. Describe how ethical rules affect your past or current job or industry and explain why ethics are considered an asset to a workplace. Discuss the various types of alternative dispute resolution (ADR) and analyze which types of ADRs are regularly used in your workplace. Cite a minimum of two peer-reviewed references. Format your paper consistent with APA guidelines ETH 321 Week 1 Individual Assignment Role and Functions of Law Paper (2 Papers)
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This Tutorial contains 2 Papers
Write a 700- to 1,050-word paper in which you discuss the roles of law and courts in today's business environment. • Differentiate the federal court structure with your state's court structure. • Discuss the concept of judicial review. • Explain how laws or regulations affect your present job or industry. • Properly cite at least two references from your reading. Cite your research and format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment. ETH 321 Week 1 Knowledge Check
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1. What has been one of the focus areas of law in the United States over the past few decade s? 2. Identify the true statement about the role of law in the United States. 3. Which of the following is one of the purposes of law today? 4. Identify the true statement about the American judiciary. 5. What is the function of an appellate court? 6. Identify the courts that conduct primary trials for issues that involve federal matters such as federal regulations and statutes. The courts also hear a range of matters and provide de cisions that are binding only on the parties involved. 7. What is true about arbitration as an alternative form of dispute resolution? 8. Sigma Inc. and Beta LLC. are two companies involved in a dispute. Both companies have agreed to appoint a third party, an attorney, to listen to their arguments and help them rea ch an agreement. The third party, however, will not render any kind of decision for the tw o parties involved. What type of alternative form of dispute resolution is being used by Si gma Inc. and Beta LLC.? 9. In certain cases, the legal issues involve the intricacies of a specific industry or profession . In such cases, which type of alternative dispute resolution is used in which a neutral prof essional is hired to assess and evaluate facts and arguments. The professional is expected to come up with an appropriate solution or recommendation. The professional could also collect more information, if required, for the case.
ETH 321 Week 2 Assignment Business Torts and Intellectual Property (Sam, ABC Paper Corp) (2 Papers)
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This Tutorial contains 2 Papers Purpose of Assignment The purpose of this assignment is to identify the form of intellectual property outlined, and to examine the different types of torts committed. Assignment Steps Scenario: Sam is an employee of ABC Paper Corp. He signed a non-disclosure agreement as a condition of his employment with ABC. Sam is approached by XYZ Paper Co. with an offer of employment, but only if he brings his client list with him. Sam was fully responsible for creating his client list, so he agrees to provide it to XYZ. When Sam downloads his client list onto an external flash drive, he is caught in the act by his boss Natalie. Sam grabs the flash drive and runs out of his office, shoving Natalie aside when she attempts to stop him. Natalie falls and hits her head against the doorknob, suffering a concussion. Develop a 1,050-word analysis using the information posed in the scenario. Identify if there is an intellectual property at issue here. If so, what type? Discuss if Sam's actions are ethical. Why or why not? Discuss the types of tort, if any, Sam committed. Did any of the other parties in this scenario commit a tort? Discuss if any of Sam's actions subject him to criminal liability. Cite a minimum of three peer-reviewed references. Format your paper consistent with APA guidelines. Click the Assignment Files tab to submit your assignment ETH 321 Week 2 DQ 1
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ETH/321 Discussion Questions: Week Two Explain the required elements for each of the three types of torts: Intentional, Negligence & Strict Liability What are some of the differences between a Paten and a Trade Secret? Why would a company select one over the other? UTSA is a state law. To get a patent, one must publicly disclose everything about it to the USPTO making it easy to steal it. What can a patent owner do about infringement? What Laws protect computer information? Could be either federal or state. What are some specific examples of business crimes? What is the required burden of proof for such crimes? Comment Regarding Inside Trading Example: Torts also award damages for made up harms. Called Pain &Suffering + Punitive Damages. Why do companies hate both? ETH 321 Week 2 Individual Assignment Business Torts And Ethics Paper (2 Papers)
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This Tutorial contains 2 Papers You own University Heights Apartments, a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon's screams attract the attention of Darryl, your resident manager, who comes to Sharon's aid. Together, Darryl and Sharon drive the intruder off, but not before they both are badly cut by the intruder. Write a paper of 700- to 1,050-words answering the questions posed by this scenario. Is the intruder liable for what he has done? Why or why not?
Do you have legal responsibilities to Sharon and Darryl? Why or why not? Do you have ethical responsibilities to Sharon and Darryl? Explain. If there are ethical responsibilities, what are they? What should you do to prevent or mitigate such risks? Cite to at least four scholarly references. Format your paper consistent with APA guidelines. Click the Assignment Files tab to submit your assignment ETH 321 Week 2 knowledge Check
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1. Identify the true statement about a claim of defamation. 2. Who among the following is given absolute privilege or immunity against defamation? 3. Delta Inc. has filed a lawsuit against one of its new franchisees for providing false info rmation about the amount of its profits it would give to Delta every month. Delta has al so ascertained that the incorrect information caused pecuniary damages to Delta as wel l as damages to its reputation. What type of business tort is illustrated in the scenario? 4. What is likely to make a plaintiff's case stronger in a negligence lawsuit? 5. In cases of negligence, what is one problem in applying the but for test? 6. Which doctrine allows a plaintiff to presume that a defendant caused certain damages without describing exactly how the defendant behaved? 7. What is true about strict liability? 8. Venus Corp. is a building demolition company that produces large quantities of plastic explosives, which are stored in its warehouses. These warehouses are typically insulate d 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 o n Venus Corp.? 9. Identify the basis upon which strict liability is imposed on a company for damages caus ed in the event of an incident. 10. Omega Inc. has filed a lawsuit against one of its employees. This employee has been tr ansferring monthly sums of company money into his personal account. He has been si multaneously altering the company's financial records to indicate that the money is stil l in the company account. What kind of white collar crime is illustrated in the scenario ? 11. Identify the white collar crime that involves a fraudulent entity attracting investors, off ering them high returns, and paying these returns, not from profits, but from investme nts made by subsequent investors. 12. Choose the correct statement about white collar crimes in the United States.
ETH 321 Week 2 Quiz
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1) Which of the following statements is true of states' police power? A) Police power restricts states from regulating interstate commerce, although it happens within their borders. B) The states are allowed to regulate army activities within their borders. C) They are given the authority to enact laws that regulate the conduct of business. D) The police force of a state is controlled by the federal police department.
2) Which of the following statements is true about the arbitration procedure?
A) When one party seeks to enforce an arbitration clause, it must give notice to the other party. B) In the event of nonbinding arbitration, the decision and award of the arbitrator cannot be appealed to the courts. C) In the event of binding arbitration, the decision and award of the arbitrator can be appealed to the courts. D) No new evidence, witness, or testimony can be introduced during the arbitration procedure.
3) The first ten amendments to the U.S. Constitution are collectively known as the ________. A) Due Process Clause B) Privileges Clause C) Bill of Rights D) Articles of Confederation
4) The ________ requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property. A) procedural due process B) substantive due process C) Supremacy Clause D) Equal Protection Clause
5) ________ is a general rule of corporate law that provides that generally shareholders are liable only to the extent of their capital contributions for the debts and obligations of
their corporation and are not personally liable for the debts and obligations of the corporation. A) Limited-purpose clause B) Limited liability of shareholders C) Preferred shareholder rule D) Nonparticipating shareholder rule
6) Judges for federal courts are selected ________. A) by election by the voters within the state where they preside B) by the president, subject to confirmation by the Senate C) by the U.S. Supreme Court justices D) by the sitting federal judges within the same circuit
7) Which of the following statements is true of the U.S. Supreme Court? A) The U.S. Supreme Court's decisions are appealable. B) The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals. C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases. D) The U.S. Supreme Court does not grant any oral hearings to the parties.
8) Jill wins a lawsuit against Terry in the Wyoming state court. The court passes a judgment for Terry to pay $20,000 to Jill. Immediately after the case is settled, Terry moves to Colorado, where she owns a house, and refuses to pay Jill the money. Which of the following is the best course of action for Jill?
A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment B) file another case against Terry in the Wyoming state court to collect the money against Terry's property C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money D) file a case in the Colorado federal court as this qualifies as a federal question case
9) Which of the following is true of LLC taxation? A) An LLC is taxed as a corporation in all general cases. B) An LLC can be taxed only as a partnership. C) Members of an LLC are subject to double taxation. D) An LLC is not taxed at the entity level.
10) A panel of persons who are elected by the shareholders that make policy decisions concerning the operation of a corporation is known as ________. A) legal aides B) cartel C) consortium D) board of directors
11) Which of the following is a function of the state supreme courts? A) conducting trials related to misdemeanor criminal law B) hearing appeals from intermediate appellate state courts and certain trial courts
C) conducting trials related to felonies and civil disputes D) reviewing the judgments and records of the lower courts and ratifying them
12) According to priority, which of the following claimants is the last to be paid after assets have been liquidated of a corporation? A) creditors B) common stockholders C) preferred shareholders D) bond holders
13) Which of the following is true about dividends? A) Cash or property dividends, once declared, can be revoked. B) Officers of the corporation may opt to retain profits for corporate purposes instead of as dividends. C) Shareholders can sue to recover undeclared and paid dividends. D) Dividends are paid at the discretion of the board of directors.
14) Which of the following is true of an S corporation?
A) The corporation can have no more than 100 shareholders. B) Only foreign corporations can be an S corporation. C) They are taxed at the corporate level. D) The corporation must be a member of an affiliated group of corporations.
15) Which of the following policies helps a corporate officer from being sued for honest mistakes made on behalf of a corporation? A) duty of loyalty B) duty of obedience C) business judgment rule D) self-dealing
16) The Sarbanes-Oxley Act officially applies only to a ________ corporation. A) close B) nonprofit C) public D) noncommercial
17) An LLC differs from a sole proprietorship in that it ________. A) gives nonmanager members rights to manage a manager-managed LLC's business affairs B) is less complex and costly to form than a sole proprietorship C) can be owned by one owner in most states and can thus obtain limited liability
D) requires at least one member who is personally liable for the obligations of the partnership
18) Owners of a corporation who elect the board of directors and vote on fundamental changes in the corporation are known as ________. A) spectators B) shareholders C) electors D) associates
19) Which of the following is true of liabilities of LLCs? A) Members of the LLC are liable to the extent of their capital contribution. B) Managers of LLCs are personally liable for the debts, obligations, and liabilities of the LLC. C) LLCs are not liable for any loss or injury caused by their employees. D) LLCs are not liable for losses caused due to negligence of their managers during the ordinary course of business.
20) How are the justices of the U.S. Supreme Court appointed? A) They are nominated by the President and confirmed by the Senate. B) They are directly appointed by the President of the United States. C) They are nominated and confirmed by the Chief Justice of the Supreme Court. D) They are nominated by the Associate Justices and confirmed by the Chief Justice.
ETH 321 Week 2 Team Assignment Torts And Ethics Presentation (2 PPT)
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This Tutorial contains 2 PPT Create an 8- to 10-slide Microsoft® PowerPoint® presentation in which your team members include the following: Summarize the key points of the Business Torts and Ethics Individual assignment Defend your collective findings and conclusions Discuss the different types of torts that may arise in a business situation Click the Assignment Files tab to submit your assignment. ETH 321 Week 3 Assignment Business Forms and Silent Partnership (2 Papers)
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This Tutorial contains 2 Papers The purpose of this assignment is to select the best organizational form, and to discuss ethical concerns with the business scenario. Assignment Steps Scenario: Adam and Laura wish to open a pet grooming shop called Dazzling Doggies Day Spa. Laura’s mother Beth would like to contribute the startup costs in exchange for a share of profits, but she doesn’t want to participate in the daily operations of the business. She also doesn’t want to have any personal liability in the business. Develop a 350- to 700-word summary with the following information: Which business organizational form would be best given the above circumstances, and why?
Unbeknownst to Laura and Beth, Adam begins to use Dazzling Doggies Day Spa’s checking account to pay all his personal bills. Are his actions ethical? Why or why not? Cite a minimum of two peer-reviewed references. Format your paper consistent with APA guidelines. Click the Assignment Files tab to submit your assignment. ETH 321 Week 3 DQs
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Does an oral contract have to be in writing to be enforced? Think: Statute of Frauds. What is the penalty for failure to satisfy the SOF? Two types of law govern contracts: The Common Law of Contracts & Article 2 of the Uniform Commercial Code. What do they each cover? Which one follows the Mirror Image Rule? What is the MIR? And why does it matter? What about Equitable Remedies? What are the elements of an enforceable contract? Why is the LLC the best form for a small business to use? Taxes, Flexibility of ownership Liability & Administrative Burdens. What is Limited Liability? What is Double Taxation? ETH 321 Week 3 Individual Assignment Business Forms Worksheet (2 Sheet)
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This Tutorial contains Sheet on several Form of Business Complete the Business Forms Worksheet. Click the Assignment Files tab to submit your assignment. There are seven forms of business: sole proprietorship, partnership, limited liability partnership, limited liability company (including the single member LLC), S Corporation, Franchise, and Corporation. 1. Select one of the forms of business 2. Research and provide three advantages and three disadvantages for this business form. 3. Provide a 100- to 200-word summary in which you provide an example business for each form. Discuss at least one of the advantages and one of the disadvantages of that form and potential legal forms that might be required. ETH 321 Week 3 knowledge Check
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1. In which case is an offer irrevocable? 2. What does the mailbox rule, in the context of common law contracts, state? 3. Which of the following meets the consideration requirement of contracts? 4. When does fraudulent misrepresentation occur in the context of contracts? 5. Mr. Sanchez is a 70-year-old man with Parkinson’s disease. Jennifer, a fulltime nurse, has been taking care of him for over four years. Mr. Sanchez depends on J ennifer 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 acce pts this agreement. Under which condition would a court of law allow Mr. Sanchez to v oid this agreement? 6. Which defense can be used when one party to an agreement threatens violence against another party to the agreement to persuade the latter to modify the agreement? 7. What is true about the statute of frauds for common law contracts? 8. According to the statute of frauds, what is one component that is consistently required f or a contract to be valid? 9. To which of the following common law contracts will the statue of frauds best apply? 10. Gadgetbug Corp. and Alba Inc. are two companies that have entered into a contract. A ccording 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 br eaches is best illustrated in the scenario? 11. In the context of remedies to breach of contract, what is true about compensatory dama ges? 12. Identify the type of remedy for contract breaches in which a nonbreaching party also re covers damages for foreseeable indirect losses. 13. Identify the type of equitable remedy in which a court orders a party to refrain from tak ing a particular action. 14. Adrian, who runs a cafĂŠ, has a contract with Mariam, who is a supplier. The contract s tates that Mariam will provide hundred cartons of cocoa powder to Adrian every week f or a set price. However, after making the contract, Mariam realizes that there is an err or in it. The price is much lower than had been agreed. Mariam decides to have the ter ms of contract changed. The court rules that the price term of the contract be revised. What type of remedy is illustrated in the scenario? 15. What is true about specific performance as an equitable remedy for contract breaches? 16. What is true about the formation of a sole proprietorship? 17. Identify the true statement about general partnerships. 18. Anita and Sameera own a salon together. Anita manages the business and takes mana gement 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 an d 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 nec essary documents are filed with the appropriate jurisdiction? 19. Which statement is true in the context of limited liability companies (LLCs)? 21. Which of the following business firms is most likely to be a limited liability partnership (LLP)? 22. Which of the following statements is true about corporations? 23. What is one of the characteristics of a typical privately held corporation? 24. Identify the true statement about corporations.
ETH 321 Week 3 Learning Team Assignment Contract Clause & Intellectual Property Drafting Paper (3 Papers)
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This Tutorial contains Paper on both Options (Dispute Resolution Clause and IP)
Draft a contract clause regarding one of the following topics: Dispute Resolution Clause OR Intellectual Property (IP) Clause regarding ownership of IP Write a paper of 700- to 1,050-words in which you explain the following: Explain any legal issues regarding your selected clause How your contract clause can be applied in a business managerial setting for either a personal, real, or IP dispute or an IP property clause regarding either owner of IP or trade secrets.
In the event the contract was breached, what might be the best possible remedies for this and why? Cite at least 3 scholarly references. Format your paper consistent with APA guidelines. ETH 321 Week 3 Team Assignment Contract Law and Ethics Case Study (2 Papers)
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This Tutorial contains 2 Papers Purpose of Assignment The purpose of this assignment is to discuss the legally required elements necessary to form a contract, the ethical considerations, and the remedies for breach. Assignment Steps Discuss Case 8.3 Vassilkovska v. Woodfield Nissan, Inc. with your Learning Team. This case is found in The Legal and Regulatory Environment of Business, pg. 243. Develop a 700-word case study using the following format: facts, issues, rule, analysis, and conclusion. Analyze whether Woodfield's actions in drafting the arbitration agreement were ethical. Discuss what remedies Vassilkovska may seek if Woodfield is found to have misrepresented the price of the car as alleged. Cite a minimum of two peer-reviewed references. Format your paper consistent with APA guidelines. Click the Assignment Files tab to submit your assignment. Note: Grades are awarded based upon individual contributions to the Learning Team assignment. Each Learning Team member receives a grade based upon his/her contributions to the team assignment. Not all students may receive the same grade for the team assignment. ETH 321 Week 4 Assignment Environmental Law and Ethics (2 Papers)
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This Tutorial contains 2 Papers Purpose of Assignment The purpose of this assignment is to analyze the duties of administrative agencies and the ethics behind regulatory compliance requirements. Assignment Steps Scenario: Eric is an Assistant Vice President at marine paint manufacturing plant. One day, he accidentally discovers an email from his boss, the Vice President, to the President, notifying him of an internal study finding the paint leeches from the bottom of boats into the marine environment. The paint has been found to create birth defects in marine life. He also sees the President's response email, in which he directs the Vice President to erase all evidence of the study and tell no one. The President also directs the Vice President to erase the email. Eric is concerned about the findings of the study, but he also fears losing his job. Create a 350- to 700-word analysis with the following information: Which administrative agency governs regulatory compliance of the manufacturer? What are the ethical concerns regarding the President's actions, and what do you believe Eric should do? Cite a minimum of two peer-reviewed references. Format your paper consistent with APA guidelines.