Category Archives: LAW 531

LAW 531 Week 6 Quiz

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LAW 531 Week 6 Quiz

.)    Three of the largest automobile dealers agreed among themselves as to what price they would pay to manufacturers for windshields to put in new vehicles. Would this constitute illegal price fixing? If so, what kind?

 Yes. This is both buyers’ and sellers’ illegal per se price fixing.
No. This is not illegal price fixing.
Yes. This is sellers’ illegal per se price fixing.
Yes. This is buyers’ illegal per se price fixing.

2.)    ________ is a clause in an international contract that designates which nation’s laws will be applied in deciding a dispute arising out of the contract.

 Equal Protection Clause
Choice of law clause
Forum-selection clause
Supremacy Clause

3.)    Which of the following is provided under the Foreign Sovereign Immunities Act?

It regulates commerce between the United States and foreign nations.
It exclusively governs suits against foreign nations that are brought in courts in the United States.
It stipulates the rules for conflict resolution among the DR-CAFTA members.
It endows the president with powers to enter into treaties with foreign nations

4.)    Negotiators from which of the following nations signed the North American Free Trade Agreement in 1992?

The United States, Mexico, and Canada
The United States and Mexico
The United States, Mexico, and Panama
The United States and Canada

5.)    Which of the following is a restraint of trade in which a seller refuses to sell one product to a customer unless the customer agrees to purchase a second product from the seller?

 Price fixing
Group boycott
Tying arrangement
Predatory pricing

6.)    Which of the following is required under the Biosafety Protocol sponsored by the United Nations in the year 2000?

 All genetically altered foods must be clearly labeled as such.
Genetically altered foods must be shipped in separate containers from foods that are not genetically altered.
Nations are free to prohibit the import of genetically altered foods without violating free-trade agreements.
Whenever genetically altered foods are offered for sale, comparable food that is not genetically altered must be made available at a comparable price.

7.)    Which of the following is codified under the Foreign Sovereign Immunities Act?

The supremacy clause
The act of state doctrine
The principle of restricted immunity
The choice of forum clause

8.)    By default, a case involving an international dispute is prosecuted only in

 a court in the plaintiff’s country
a court in the defendant’s country
the International Court of Justice
a court in a neutral country

9.)    Which of the following is an international organization of 153 member nations created in 1995 to promote and enforce trade agreements among member countries and customs territories

 General Agreement on Tariffs and Trade
North American Free Trade Commission
World Trade Organization
International Monetary Fund

10.)    What are the primary sources in the U.S. Constitution of the federal government’s power over international affairs?

The Foreign Commerce Clause and the Treaty Clause
The Commerce Clause and the Privileges and Immunities Clause
The Treaty Clause and the War Powers Clause
The Treaty Clause and the Police Power

11.)    In the United States, how may states regulate interactions with foreign nations?

 The states can pass laws so long as they do not unduly burden foreign commerce, but the states have no authority to enter into treaties with foreign nations.
The states can pass laws and enter into treaties with foreign nations so long as they do not unduly burden foreign commerce.
The states can pass laws affecting foreign commerce and enter into treaties with foreign nations so long as they first obtain the consent of the Senate.
The states have no power over foreign affairs because the U.S. Constitution grants that power exclusively to the federal government.

12.)    Which of the following products would be covered by the Consumer Product Safety Act?

 Firearms
Toys
Aircraft
Automobiles

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LAW 531 Week 6 Learning Team Reflection Week 6 IRAC Brief

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LAW 531 Week 6 Learning Team Reflection Week 6 IRAC Brief

Read “The IRAC method of case study analysis.”

 Select one legal case from a current event that has taken place within the past 2 years relevant to the following objective.

5.1: Identify applicable regulatory compliance requirements for business situations.

Select a second legal case from a current event that has taken place within the past 2 years relevant to the following objective:

6.1: Evaluate legal risks associated with domestic and international business activity.

Discuss the selected cases with your Learning Team.

 Brief the selected cases as a Learning Team.

 Write two separate case briefs using the IRAC method.

 Write an explanation for each brief of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

 Click the Assignment Files tab to submit your assignment.

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LAW 531 Week 5 Quiz

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LAW 531 Week 5 Quiz

Which of the following powers do administrative agencies typically have?

 Statute interpretation, law enforcement, and mediation
Law enforcement, statute interpretation, and dispute resolution
Dispute adjudication, mediation, and rulemaking
Rulemaking, statute interpretation, and dispute adjudication

2.)    Which of the following is true of the Federal Trade Commission?

 It is a federal agency created by Congress
It is a branch of the U.S. Supreme Court
It is a temporary commission created by executive order that has become permanent
It is a corporation subsidized by the federal government

3.)    If a corporate officer or director acts in a manner to make use of an advantage that he or she knows will only benefit himself or herself and deprives the corporation of that advantage, what breach of fiduciary duty has been committed?

 Duty of care by violation of the business judgment rule
Duty of loyalty by self-dealing
Duty of obedience by competing with the corporation
Duty of loyalty by usurping a corporate opportunity

4.)    If a corporate officer in the position of secretary intentionally takes over the powers provided to the treasurer in the corporate documents, what fiduciary duty does that corporate secretary breach?

 Duty of care
Duty of good faith and fair dealing
Duty of obedience
Duty of loyalty

5.)    Under what system of corporate voting by shareholders can a minority shareholder achieve success in electing someone to the board of directors?

 Straight voting
Cumulative voting
Absentee voting
Proxy voting

6.)    In 1970, Congress established an administrative agency to enforce statutes enacted to protect the air and water of this country. What is the name of this agency?

 Environmental Protection Agency
Army Corps of Engineers Agency
National Ambient Air Quality Standards Agency
Air Quality Control Agency

7.)    In order to protect wildlife that may be subject to scarcity, which Executive Branch cabinet member designates which species of wildlife may be endangered or threatened?

 Secretary of the Interior
Secretary of Health and Human Services
Secretary of Commerce
Secretary of Homeland Security

8.)    Tuff-Steele Constructions, Inc. has not been adhering to appropriate worker safety rules. As a result, there have been an increased number of on-site accidents and several construction workers have sustained serious injuries. Which of the following powers will allow an administrative agency to bring agency proceedings against Tuff-Steele Constructions?

 Licensing
Judicial authority
Rulemaking
Executive power

9.)    Unless otherwise stated in the articles of incorporation, a quorum to hold a meeting of the shareholders is generally defined as which of the following?

 The number of registered shareholders eligible to vote at a given time
A committee of directors selected to vote on a corporation action
A majority of shareholders required to be present to vote on a corporate action
The number of shareholder votes necessary to pass an action

10.)     The Sarbanes-Oxley Act is intended to increase the confidence of the public and investors through increasing which of the following?

 Corporate veil
Separation of powers
Director complacency
Corporate governance

11.)     Which of the following is likely to be a breach of a corporate officer’s or director’s duty of care?

Failing to anticipate a drop in the consumer demand of the company’s product

Failing to react appropriately to a severe rise in the prime interest rate

Failing to predict a raw materials shortage resulting from a natural disaster

Failing to predict the startup of a new competitor

12.)     In order to prevent and clear hazardous wastes that increase mortality or serious illness, the federal government established a specific method to finance the cleaning of polluted areas by enacting what statute?

The Comprehensive Environmental Response, Compensation, and Liability Act

The Superfree Act

The Toxic Substances and Control Act

The Insecticide, Fungicide, and Rodenticide Act

13.)     The Sarbanes-Oxley Act prohibits publicly traded companies from making personal loans to whom?

Its executive officers or directors

Its majority shareholders

Its certified public accountants

Its legal counsel

14.)    Officers of a corporation typically can have which types of agency authority to bind the corporation?

Express, applied, and apparent

Express, implied, and apparent

Express, transparent, and applied

Express, transparent, and implied

15.)    According to the provisions set forth by the Sarbanes-Oxley Act, which federal government agency may issue an order prohibiting any person who has committed securities fraud from acting as an officer or a director of a public company?

United States International Trade Commission

Federal Reserve System

Federal Communications Commission

Securities and Exchange Commission

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LAW 531 Week 5 Learning Team Reflection IRAC Brief

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LAW 531 Week 5 Learning Team Reflection IRAC Brief

Read “The IRAC method of case study analysis.”

 Select one legal case from a current event that has taken place within the past 2 years relevant to the following objectives:

5.2: Explain the governance principles of regulatory compliance requirements.

5.3: Determine methods for managing legal risk arising from regulatory compliance issues.

Discuss the selected case with your Learning Team.

 Brief the selected case as a Learning Team.

 Write a case brief using the IRAC method.

 Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

 Click the Assignment Files tab to submit your assignment.

Complete the Discrimination Scenario Simulation involving a discrimination issue at the workplace and associated legal issues.

 Write responses to the decision points embedded in the simulation.

 Download your written responses after completing the simulation. The downloaded document must be submitted to receive credit for the assignment.

 Click the Assignment Files tab to submit your assignment.

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LAW 531 Week 5 Discrimination Scenario Simulation

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LAW 531 Week 5 Discrimination Scenario Simulation

Complete the Discrimination Scenario Simulation involving a discrimination issue at the workplace and associated legal issues.

 Write responses to the decision points embedded in the simulation.

 Download your written responses after completing the simulation. The downloaded document must be submitted to receive credit for the assignment.

 Click the Assignment Files tab to submit your assignment.

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LAW 531 Week 4 Quiz

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LAW 531 Week 4 Quiz

Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?

Race, national origin, and sex
Race, national origin, and political affiliation
Race, religion, and sexual orientation
Race, national origin, and alien status

2.)    What is the current status of right-to-work laws?

 If a state passes a right-to-work law, then state and local government employees can unionize.
If a state passes a right-to-work law, then individual employees will have to pay union dues even if they do not belong to the union.
Congress has passed a law prohibiting states from passing right-to-work laws.
If a state passes a right-to-work law, then individual employees cannot be forced to join a union.

3.)    Under what conditions must an employer allow nonemployee union solicitation on company property?

 If the union is affiliated with another union that currently represents other employees of the company

 If there is currently no union representing the company’s employees

 If the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union

 If the employees live in a company town such that it would be difficult to solicit the employees off company property

4.)    In a hostile work environment sexual harassment claim, the employer will have a successful defense if the employer can show which of the following?

The employer took reasonable care to prevent or correct the conduct and the employee did not take advantage of corrective or preventive opportunities of the employer to remedy the situation.

The employee was offended by conduct in the workplace and that the employer in good faith did not consider the conduct to be offensive and therefore did not seek to correct or prevent it.

There were no adverse consequences to the employee’s work status, such as a demotion or denied promotion, even though the employer did not proactively address the situation.

The employee stands to personally gain if the persons engaging in the sexual harassment are reprimanded regardless of whether or not the employer did anything to remedy the situation or take corrective action.

5.)    Which of the following statutes regulates internal union affairs and establishes certain rights of union members?

 The Worker Adjustment and Retraining Notification Act
The National Labor Relations Act
The Labor Management Reporting and Disclosure Act
The Labor Management Relations Act

6.)    Which of the following statements is true about workers’ compensation?

 The employer is strictly liable for employment-related injuries, and the claim is filed through an administrative procedure rather than an ordinary lawsuit.

 The employer can avoid liability if the injured employee was contributorily negligent in causing the injury.

 If the employee is dissatisfied with the amount received under the workers’ compensation system, the employee generally then can file an ordinary lawsuit.
The employee must decide whether to seek a workers’ compensation payment or file an ordinary lawsuit against the employer.

7.)    Which of the following powers does the Equal Employment Opportunity Commission have?

 Pass amendments to the 1972 Amendments to the Civil Rights Act of 1964
Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes
File suits to enforce antidiscrimination statutes on behalf of complainants
Legislate antidiscrimination statutes

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LAW 531 Week 4 Learning Team Reflection IRAC Brief

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LAW 531 Week 4 Learning Team Reflection IRAC Brief

Read “The IRAC method of case study analysis.”

 Select one legal case from a current event that has taken place within the past 2 years relevant to this week’s objectives.

Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

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LAW 531 Week 4 Individual Assignment Contract Creation And Management Simulation

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LAW 531 Week 4 Individual Assignment Contract Creation and Management Simulation

Complete the Contract Creation and Management Simulation involving a contract issue and associated legal issues.

Write responses to the decision points embedded in the simulation.

Download your written responses on completion of the simulation. The downloaded document must be submitted in order to receive credit for the assignment.

Click the Assignment Files tab to submit your assignment.

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LAW 531 Week 4 DQ 4

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LAW 531 Week 4 DQ 4

Big Al is a parking lot attendant who works for the Daily Bugle, a large newspaper.   Big Al is also a sumo wrestler in his spare time.  He weighs 450 pounds and is in excellent physical condition, although he is classified as being morbidly obese according to weight charts and his doctor.  Big Al’s duties at the Daily Bugle are limited to sitting in a chair and collecting money.  He has no trouble getting into the small kiosk where he collects parking fees.  Admittedly, his chair was a little small, but he replaced it with a larger one.

The Daily Bugle discharged Big Al on the grounds that he is too obese to do his job.

 Legally, what will be the result and why?

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LAW 531 Week 4 DQ 3

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LAW 531 Week 4 DQ 3

Margaret was working with Morty, a graphic artist, on a major beer account at a large advertising agency located in the US.  After a lengthy work meeting, she and Morty returned to his office to pick up some layouts Morty had forgotten to bring.  On Morty’s desk and in plain view, Margaret she saw a series of nudes in suggestive poses that Morty had drawn.  Morty asked if Margaret would like to see them but Margret didn’t pick them up.   Margaret was stunned.  She had heard of “Morty’s nudes” through the grapevine, but had never believed they existed.  Now, as she stared in shock at the drawings, Morty smiled coyly and asked if she would like a drink.  At this point, Margaret opened the door to the office and left.

The following day, Margaret took her first action in defending her rights by filing a lawsuit against Morty and her employer for sexual harassment.

What will be the result?

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LAW 531 Week 4 DQ 1

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LAW 531 Week 4 DQ 1

The State of Filbert passed a statute that allows employers to pay nonproductive employees less than productive employees.  The law requires annual performance reviews of all employees regardless of race, religion, ethnicity, gender and age and that pay adjustments be made on the basis of productivity. Jennifer is a woman seven months pregnant who has received an annual performance review and a pay adjustment reducing her pay by the percent that her productivity is below the average of all women in her job classification.

Please comment on the legality of this statute as well as Jennifer’s rights under all relevant laws.

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LAW 531 Week 3 Learning Team Reflection Week 3 IRAC Brief

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LAW 531 Week 3 Learning Team Reflection Week 3 IRAC Brief

Read “The IRAC method of case study analysis.”

 Select one legal case from a current event that has taken place within the past 2 years relevant to the following objectives:

3.3: Differentiate between personal, real, and intellectual property issues.

3.4: Determine appropriate methods to address potential property issues.

Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

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LAW 531 Week 3 DQ 4

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LAW 531 Week 3 DQ 4

Luke and Duke inherited Blueacre (a house) as joint tenants.  They leased Blueacre to Bart for a period of twelve years.  There was an oral agreement between Luke/Duke and Bart (no written agreement).  After Bart had occupied Blueacre for one year, Duke died.  In year two of Bart’s occupancy, Edward, the next door neighbor to the north side of Blueacre, put up a fence that was 50 feet onto Blueacre, which represented a sizable amount of money in land.  Edward asked Bart if he could put up the fence, and Bart said, “Sure, you have my permission.”  In year 11 of Bart’s tenancy, Luke drove by and saw the fence.

Luke wants the fence off Blueacre or he wants cash for the land taken by the fence.  Luke also feels Bart is responsible.

What are the rights of Luke, Duke’s family, Edward and Bart?

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LAW 531 Week 3 DQ 3

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LAW 531 Week 3 DQ 3

Arthur is a an 12 year old with an IQ of 150.  On his birthday, Arthur received a gift of $500 in cash from his Aunt, who told him to buy what he wanted.  Since Arthur was interested in stamps, he ordered the “100 Special Stamps a Month” offer for 12 months from the Excelsior Stamp and Coin Company.   Arthur was mistaken about the price of the “100 Special Stamps a Month” offer.  It was actually $50 a month.  Arthur thought it was $5 dollars a month, and sent Excelsior $60, which he thought was full payment.  After Arthur sent the $60, he lost all interest in the stamps and ignored all further requests for payment Excelsior.

Excelsior, outraged over Arthur’s delinquent account, has sued Arthur’s parents for $540, representing the balance due.  Who wins and why?

If Excelsior loses the contract case, can it sue Arthur for promissory estoppel?

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LAW 531 Week 3 DQ 2

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LAW 531 Week 3 DQ 2

Luke went to Larchmont, Inc.’s website to order some merchandise.  On the internet order form that Larchmont provided, it said, “ALL WHOLESALE ORDERS MUST BE CALLED IN TO OUR 800 NUMBER.  THIS ORDER FORM IS FOR RETAIL ONLY.”  Luke was at the website at 3 AM and no one was manning the phones at Larchmont.  The fields in the internet order form were malfunctioning and did not automatically supply or calculate information.  Luke filled our the internet order form ordering 500 star sapphire toothpick, but only at 50% off list.  Luke was not a merchant.  He wanted the toothpicks to give to his many friends.

On Monday morning, Larchmont opened Luke’s order and charged his credit card at the full retail price for all 500 units.

Is there a contract, and if so, what is it?

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