10 Feb Martha Stewart case.
DeVry LAWS310 Week 1 Dq 1 & Dq 2 latest 2016 September dq 1 Sarbanes-Oxley (graded) The Sarbanes-Oxley Act of 2002 suggests that businesses develop a code of ethics. How effective is a code of ethics in preventing unethical conduct? Review the sample code of ethics of Big Cheese Corporation in Chapter 8. Are there any clauses in this code that you believe need to be more specific? Why? dq 2 Corporate Social Responsibility? (graded) What is corporate social responsibility? Provide two examples of corporations that meet that definition of corporate social responsibility and identify what they do that makes them socially responsible. DeVry LAWS310 Week 2 Dq 1 & Dq 2 latest 2016 September dq 1 Business Formations (graded) A business may take one of the following forms: sole proprietorship, general partnership, limited partnership, corporation, or limited liability company. Choose one of the business formations and identify how it is created and the characteristics of that business formation. Provide support for your discussion. dq 2 Fiduciary Relationships (graded) Corporate officers and directors owe fiduciary duties to the corporation. What is a fiduciary relationship? Identify at least two of the fiduciary duties and provide an example of each. DeVry LAWS310 Week 3 Dq 1 & Dq 2 latest 2016 September dq 1 BFOQs (graded) What is a bona fide occupational qualification (BFOQ)? Provide an example of a job that has a BFOQ. dq 2 Agents Versus Independent Contractors (graded) Compare and contrast the differences between agents and independent contractors. Provide an example of each. DeVry LAWS310 Week 4 Dq 1 & Dq 2 latest 2016 September dq 1 Securities and Exchange Act (graded) What was the purpose of the Securities and Exchange Act of 1933 and do its provisions actually protect investors? Why or why not? dq 2 Antitrust Laws (graded) Antitrust laws were enacted at a time when it seems that a handful of powerful men controlled commerce. Are they still relevant? Do you see any examples of monopolistic business practices today? DeVry LAWS310 Week 5 Dq 1 & Dq 2 latest 2016 September dq 1 Contract Formation (graded) Read Case 10.1 in Chapter 10 of your textbook. Is the general release signed by Marder an enforceable contract? Identify each element of a contract and the facts that would support each element. dq 2 Intent (graded) Why is the objective theory of contracts applied in determining whether a contract has been created? Why is the subjective intent of the parties not considered? DeVry LAWS310 Week 6 Dq 1 & Dq 2 latest 2016 September dq 1 Oral Agreements? (graded) Read the summary of Case 14.1, Turner Broadcasting System, Inc. v. McDavid in Chapter 14 of your text. Should businesspeople be bound to their oral word? Why or why not? Support your conclusion with references to the concepts discussed in your text. dq 2 Mitigation of Damages (graded) What is mitigation of damages? Why does the law impose a duty on the nonbreaching party to mitigate damages? DeVry LAWS310 Week 7 Dq 1 & Dq 2 latest 2016 September dq 1 Internet Issues (graded) The Internet has made the world smaller and enlarged our access to information. However, for every positive benefit of the Internet, there is a negative aspect. We have a loss of privacy, our financial profile can be compromised, and we cannot trust all information we access on the Internet. Do we operate as though the Internet has a foundation of trust? You should cite to examples and resources to support your opinion. dq 2 Deception on the Internet (graded) Every day we read stories of people who engage in deception on the Internet, whether it is creating dating profiles that bear no likeness to what they really look like, or students who find information and pass it off as their own work. Should there be ethical standards for behavior on the Internet? What would you propose and how could those standards be enforced? Should people be able to say or do whatever they choose in an online environment? Are there circumstances in which information on the Internet should be censored? How do the United States and China differ in how each country allows its citizens’ access to information on the Internet? DeVry LAWS310 Week 1 Assignment latest 2016 September Homework Read the summary of Heart of Atlanta Motel v. United States in Chapter 2 and answer the following questions. Why was this case so important? Why did the U.S. Supreme Court develop the “effects on interstate commerce” test? Is most commerce considered “interstate commerce”? Why or why not? Your paper should be prepared using APA 6th edition formatting. You may use the APA Paper Template available in Doc Sharing. Your conclusions must be supported by academic references, not your opinion. You must cite to a minimum of three references using in-text citations and listing sources on References page. Academic references are located in the DeVry Library. Citation to website references is not allowed. Submit your assignment to the Dropbox, located at the top of this page. For instructions on how to use the Dropbox, read these step-by-step instructions. See the Syllabus section “Due Dates for Assignments & Exams” for due date information. DeVry LAWS310 Week 3 You Decide Assignment latest 2016 September You Decide Review the You Decide content item in Week 3 and complete the assignment as outlined in the Assignment/Your Role section of the You Decide. Submit your assignment to the Dropbox, located at the top of this page. For instructions on how to use the Dropbox, read these step-by-step instructions. See the Syllabus section “Due Dates for Assignments & Exams” for due date information. DeVry LAWS310 Week 5 You Decide Assignment latest 2016 September You Decide Review the You Decide content item in Week 5 and complete the assignment as outlined in the Assignment/Your Role section of the You Decide. Submit your assignment to the Dropbox, located at the top of this page. For instructions on how to use the Dropbox, read these step-by-step instructions. See the Syllabus section “Due Dates for Assignments & Exams” for due date information. DeVry LAWS310 Week 7 You Decide Assignment latest 2016 September You Decide Review the You Decide content item in Week 7 and complete the assignment as outlined in the Assignment/Your Role section of the You Decide. Submit your assignment to the Dropbox, located at the top of this page. For instructions on how to use the Dropbox, read these step-by-step instructions. See the Syllabus section “Due Dates for Assignments & Exams” for due date information. DeVry LAWS310 Week 2 Quiz latest 2016 September 1. Question : (TCO 1) Analyze the federal government’s division of powers between its three branches. Question 2. Question : (TCO 1) How does the law maximize individual freedom? Question 3. Question : (TCO 2) Discuss the major criticism against ethical fundamentalism. Question 4. Question : (TCO 3) What is distributional interest? A member of an LLC transfers his distributional interest to his brother. Will his brother be considered a member of the LLC? Give arguments in support of your answer. Question 5. Question : (TCO 3) Why is it a good practice for partners to put their partnership agreement in writing? Question 6. Question : (TCO 3) Explain how the treatment of corporations as a separate legal entity frees shareholders from a liability to the organization’s debts and obligations. Question 7. Question : (TCO 2) Explain utilitarianism with an example. Question 8. Question : (TCO 1) Discuss the difference between the historical school of jurisprudence and the analytical school of jurisprudence. Question 9. Question : (TCO 1) Why is a long-arm statute needed? What are the circumstances under which long-arm jurisdiction is generally permitted over nonresidents? Question 10. Question : (TCO 3) Analyze, in brief, the rights of general partners. DeVry LAWS310 Week 4 Quiz latest 2016 September Question 1. Question : (TCO4) Compare and contrast the termination of an agency by impossibility of performance and termination of an agency by operation of law. Question 2. Question : (TCO 4) Why can’t an injured worker both receive workers’ compensation and sue the employer for damages? Is there any exception to this? Question 3. Question : (TCO 5) What is the difference between horizontal and vertical price fixing? Question 4. Question : (TCO 5) If two or more firms act the same but no concerted action is shown, can they be held for violation for Section 1 of the Sherman Act? Question 5. Question : (TCO 4) Is it mandatory for employers to accommodate disabled employees? Explain the factors under which employers who do not make accommodations are not in violation of the Americans with Disabilities Act (ADA). Question 6. Question : (TCO 4) Discuss the importance of providing a notice of termination for an agency. Question 7. Question : (TCO 4) Explain the circumstances under which the Department of Labor defines child labor as not violating any law. Question 8. Question : (TCO 5) Explain how the SEC governs trading in securities when inside information about a company is possessed by an outsider to the company. Provide an example. Question 9. Question : (TCO 5) What are tying arrangements? Explain with the help of an example. Question 10. Question : (TCO5) Define the characteristics of a group boycott and provide an example of when it would be appropriate. DeVry LAWS310 Week 6 Quiz latest 2016 September Question 1. Question : (TCO 6) Compare valid, void, voidable, and unenforceable contracts. Question 2. Question : (TCO 7) Define emancipation, and list a few possible reasons for its occurrence. Question 3. Question : (TCO 7) A person enters into a contract with another by writing the terms of the contract on a notepad. Is this a valid contract? Does the law accept writing on the notepad as a proof of that contract? Question 4. Question : (TCO 7) Discuss a situation where a legal right can be assigned to a third party, and provide an example. Question 5. Question : (TCO 7) “A nonbreaching party can sue the breaching party without making efforts to reduce the damages caused by the breach of contract.” Discuss this statement and provide an example. Question 6. Question : (TCO 6) Explain, in brief, express terms and their significance. Question 7. Question : (TCO 6) List the four ways in which an offer can be terminated by operation of law, and explain them in brief. Question 8. Question : (TCO 7) Explain the circumstances in which the nonperformance of contractual duties can be excused. Question 9. Question : (TCO 7) Mary purchases a skirt thinking that it is a silk skirt. In truth, however, it is a satin skirt. When she discovers that it is not a silk skirt, she tries to return it and get her money back. What kind of mistake has Mary committed? Can she be excused from the contract? Question 10. Question : (TCO 7) What is parol evidence? Discuss the parol evidence rule and its exceptions. Question 11. Question : (TCO 7) Discuss with an example a situation where a court may permit rescission of a contract based on undue influence. Question 12. Question : (TCO 7) Brooksold Corporation contracts to have Zealent Construction Company build a factory for $4,000,000. Days before the start of construction, Zealent withdraws from the contract. Brooksold invites proposals for the construction and contracts with Sierra Nos Builders for $3,800,000. Can Brooksold hold Zealent liable for nonperformance? What can the company recover as compensation for damages? Question 13. Question : (TCO 6) What are the consequences of contracting while being intoxicated? Devry Laws310 final exam Page 1 Question 1. 1. (TCO 7) Todd and Yolanda Robinson are selling their house. One of reasons they are selling their house is that they have noticed that a large crack is developing in their foundation. Their basement also floods when it rains. They have decided to sell the home themselves and not hire a real estate agent. They are concerned that if a prospective buyer walks through the basement and sees the crack, they will begin asking questions about flooding and then not purchase the house. So, they decided to put a large cabinet in front of the crack in the basement so that it will not be visible when buyers walk through the basement and they tell prospective buyers that the cabinet stays with the house. They receive a favorable offer and sell the home. Two months later there is a heavy rain in their community which caused a bridge to wash out. Three months after this, the Robinsons get a letter from an attorney who represents the buyers. The letter states that the buyers intend to sue the Robinsons. Were the actions of the Robinsons fraudulent? Was the failure to disclose the crack in the foundation a material fact in the transaction? Identify all elements of fraudulent misrepresentation and whether it applies in this situation. (Points : 50) Question 2. 2. (TCO 8) Describe a nation’s court jurisdiction over international disputes. (Points : 25) Question 3. 3. (TCO 5) Define insider trading under Section 10(b) of the Securities and Exchange Act of 1934, and provide an example. You should create your own hypothetical example, and not cite to actual examples such as the Martha Stewart case. (Points : 25) Question 4. 4. (TCO 4) The Hagues owned a tract of land that they decided to sell. They signed a listing agreement with Harvey Hilgendorf, a licensed real estate broker, which gave Hilgendorf the right to list the property for 12 months. According to the agreement, Hilgendorf would be paid a 6% commission if a bona fide buyer was found during the listing period. Five months later, the Hagues sent Hilgendorf a letter terminating the listing agreement, although Hilgendorf did not agree to the termination. One month later, Hilgendorf presented an offer to the Hagues from a buyer willing to purchase the property at full value. The Hagues ignored the offer and sold it themselves. Hilgendorf sued the Hagues for breach of the agency agreement. Did the Hagues act ethically? How should the lawsuit be decided? (Points : 50) Question 5. 5. (TCO 1) The power to regulate business does not rest exclusively with the federal government. States have the power to regulate intrastate commerce – commerce that occurs within their borders. This is also called the state’s police power. Where does the state get its power to regulate commerce within its borders? Provide three examples of a state’s police power and how these examples relate to intrastate commerce. (Points : 25) Question 6. 6. (TCO 8) The federal government of the United States can enter into a treaty with the country of Uganda that agrees to reduce trade barriers between them. However, the state of Arizona cannot enter into a treaty with the country of Uganda that reduces trade barriers between Arizona and Uganda. Give reasons to explain the scenario. (Points : 25)
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