LAW 531 UOP Tutorial/ Uoptutorial

LAW 531 Entire Course

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LAW 531 Week 1 Quiz (Knowledge Check)

LAW 531 Week 1 DQ 1

LAW 531 Week 1 DQ 2

LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis

LAW 531 Week 2 Quiz (Knowledge Check)

LAW 531 Week 2 DQ 1

LAW 531 Week 2 DQ 2

LAW 531 Week 2 Individual Business Forms Worksheet

LAW 531 Week 2 Learning Team Reflection IRAC Brief

LAW 531 Week 3 Quiz (Knowledge Check)

LAW 531 Week 3 Learning Team Reflection IRAC Brief

LAW 531 Week 3 DQ 1

LAW 531 Week 3 DQ 2

LAW 531 Week 4 Individual Assignment Contract Creation and Management Simulation

LAW 531 Week 4 Learning Team Reflection IRAC Brief

lAW 531 Week 4 Quiz (Knowledge Check)

LAW 531 Week 4 DQ 1

LAW 531 Week 4 DQ 2

LAW 531 Week 5 DQ 1

LAW 531 Week 5 DQ 2

LAW 531 Week 5 Individual Assignment Discrimination Scenario Simulation

LAW 531 Week 5 Quiz (Knowledge Check)

LAW 531 Week 5 Learning Team Reflection IRAC Brief

LAW 531 Week 6 Quiz (Knowledge Check)

LAW 531 Week 6 Learning Team Reflection IRAC Brief

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LAW 531 Final Exam Guide (New)

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1. What defense can an employer use to a charge of sexual harassment?

The harassed employee was not made aware of the company’s antiharassment policies.

The harassed employee took advantage of the preventive measures provided by the company but still could not avoid being harassed.

The employer does not have any complaint mechanisms for employees who are harassed.

The employer used reasonable care to prevent and correct the sexually harassing behavior.

2. Choose the correct statement about the Environmental Protection Agency (EPA).

It is exclusively created to regulate air pollution standards.

It has the power to initiate judicial trials in case of violation of environmental laws.

It does not enforce environmental laws related to the protection of wetlands.

It can enforce federal environmental regulations but cannot make regulations on its own.

3. What is “riba” in the context of Islamic law?

It is a compilation of decisions of the prophet.

It refers to the making of unearned profits.

It is the doctrine of proper behavior.

It refers to independent reasoning.

4. The state of Oriel, Selenasia, enacts a law that imposes a 40 percent tax on automobiles that are made outside of Selenasia and sold in the state. However, Oriel does not impose this tax on Selenasian-made automobiles that are sold in Oriel. This scenario resembles a violation of which clause of the U.S. Constitution?

The Multilateral Treaty Clause

The Bilateral Treaty Clause

The Foreign Commerce Clause

The Treaty Clause

5. Teledor Inc. and Comunika Inc. are two competing cellphone manufacturers. Jane, a customer at Teledor, is told by an employee that Comunika phones have weak battery back-up and are very prone to damage. The employee makes these remarks even though he knows that they are completely false. Jane, who has been contemplating between Teledor and Comunika, is influenced by what she hears and purchases a Teledor phone. What kind of intentional tort should be used against Teledor in this scenario?

Malicious prosecution

Disparagement

Battery

Appropriation

6. Identify an accurate statement about res ipsa loquitur, a special negligence doctrine.

It applies to cases in which injuries that occurred were not foreseeable.

It applies to cases in which the plaintiff also contributed to the negligence.

It applies to cases in which it can be assumed that the defendant was in control of the situation in which the injuries occurred.

It requires the plaintiff to demonstrate how exactly the situation arose out of the negligence of the plaintiff.

7. Identify an accurate statement about the doctrine of comparative negligence.

A person who is partially responsible for causing his or her own injuries cannot file a suit against the other party who partly caused the injuries.

A plaintiff who is partially responsible for causing his or her own injuries cannot recover damages from the defendant.

A plaintiff who is partially responsible for causing his or her own injuries can recover a proportion of the damages from the defendant.

A plaintiff who is partially responsible for causing his or her own injuries can recover all the damages from the defendant.

8. What is true about the applicability of strict liability?

It cannot be applied to products that are defectively manufactured.

It can be applied to sellers who fail to warn of generally known dangers.

It can be applied to products that are defectively packaged.

It cannot be applied to products that were not supported by sufficient instructions.

9. Which statement best describes an injunction as an equitable remedy?

It requires a breaching party to pay damages to the injured party for both actual and foreseeable losses.

It orders a breaching party to perform the acts promised in a contract.

It prohibits a party from performing a particular act that may cause injury to another party.

It allows a court to change the terms of a contract to make them true to the parties’ intentions.

10. Identify the true statement in the context of a franchise arrangement.

The franchisee can sell the franchisor’s products but can never manufacture them.

The franchisor licenses the franchisee to use the former’s trademarks.

The franchisee can manufacture the franchisor’s products but can never distribute them directly to consumers.

The franchisor is essentially the owner of the franchisee.

11. Identify an accurate statement about distributional interest in the context of limited liability companies (LLCs).

A transferee of a distributional interest receives all distributions from the LLC to which the transferor belonged.

A member’s distributional interest can be transferred completely, or partly.

A transferee of a distributional interest automatically becomes a member of the LLC.

A member who transfers his or her distributional interest will no longer be liable for the debts and obligations of the LLC.

12. What is true about consideration in the context of contracts?

It also encompasses performances and services.

It is exclusively in the form of tangible payments such as money or property.

It is typically included in gift promises.

It is an optional component of a written contract that parties can choose to omit.

13. What does a current plaintiff need to prove to succeed in a malicious prosecution lawsuit?

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LAW 531 Final Exam Guide

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1) Which of the following is a distinguishing feature of a common law legal system?
A. Requiring guilt be proven beyond a reasonable doubt
B. The sole source of law is a comprehensive civil code
C. An appeal process
D. The making of law by the judges and the following of precedent

2) Which best describes the types of agency authority held by officers of a corporation?

A. Vicarious authority
B. Express and obvious authority
C. Implied and apparent authority only
D. Express, implied, and apparent authority

3) If an LLC fails to follow formalities such as keeping minutes of meetings, which of the following is true?

A. Only the managers of a manager-managed LLC will lose limited liability.
B. All members will lose their limited liability.
C. This failure will not result in imposing personal liability on any member.
D. Only the parties responsible for the failure will lose limited liability.

4) Martha started a flower shop as a sole proprietor. After 1 year, she was forced to close the shop because business was so bad. At that time, the business assets totaled $50,000, but the business liabilities totaled $125,000. Which of the following statements is true?
A. Martha is personally liable for the additional $75,000.
B. Martha’s business creditors can collect only the $50,000 of business assets.
C. Martha’s business creditors can collect only the $50,000 now, but if Martha ever goes into business again, they can get the assets of the new business.
D. Once Martha terminates the sole proprietorship, the business creditors cannot even get the $50,000

5) Partners of a general partnership
A. are protected from litigation against the partnership by statute
B. are liable for the obligations of the partnership only to the extent of their capital contributions
C. do not have to pay taxes on the profits of the partnership that are distributed to them
D. are liable for all the obligations of their partnership

6) Which of the following forms of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case through the presentation of evidence?
A. Negotiated settlement
B. Minitrial
C. Mediation
D. Conciliation

7) A ___________ is a court-appointed party who conducts a private trial and renders a judgment
A. fact-finder
B. arbitrator
C. judicial referee
D. negotiator

8) What is a form of alternative dispute resolution that is often used when the parties involved do not want to face one another?
A. Arbitration
B. Fact-finding
C. Minitrial
D. Conciliation

9) Which of the following is true regarding mediation?
A. A mediator often meets with both parties at the same time
B. A settlement agreement is never reached with a mediator.
C. A mediator does not make a decision or award
D. If a settlement agreement is not reached in mediation, then the parties hire a new mediator

10) There are no accountants on the board of the Oriole Corporation, a privately held corporation. The board routinely relies on a Certified Public Accountant (CPA) to explain the financial situation of the corporation. The board does not do an independent analysis of the CPA’s report. In these circumstances, the board is
A. violating a duty of loyalty
B. violating a duty to exercise due care
C. violating the business judgment rule
D. not violating any duty

11) Self-dealing by a director of a corporation can best be described as
A. A breach of a director's duty of notification
B. A breach of a director’s duty of care
C. A breach of the Business Judgment Rule
D. There was no breach of duty

12) Which of the following is likely to be a breach of a corporate officer’s or director’s duty of care?
A. Failing to anticipate a precipitous drop in consumer demand of the company’s product
B. Failing to make a reasonable investigation of relevant facts
C. Failing to predict the unexpected startup of a new competitor
D. Failing to foresee a sudden rise in the interest rate

13) In what ways may officers and directors be protected by the corporation from liability for actions taken as an officer or director?
A. The officer or director must purchase personal liability insurance to cover such losses.
B. Have the corporation purchase liability insurance and indemnify the officers and directors
C. Officers and directors cannot be protected from liability
D. Officers and directors are automatically protected from liability by virtue of corporate

14) If a plaintiff voluntarily participates in a risky activity that results in injury, what is the most likely defense to a claim that the plaintiff assumed the risk?
A. Contributory negligence
B. Defendant was negligent per se
C. Defendant assumed the risk under the “danger invites rescue” doctrine
D. Comparative negligence

15) Mark is the treasurer of Sky-Hi Tech Corporation and, as such, he is responsible for protecting the assets of the corporation. One of Mark’s subordinates, Jill, is in charge of reconciling the monthly corporate bank statements. Over a period of several months, Jill embezzled a large amount of money from Sky-Hi Tech, covering up the theft using her bank reconciliations. If Mark had adequately supervised Jill, she could not have embezzled this money. Mark’s actions (or inactions) constitute a breach of his duty of
A. due care
B. obedience
C. loyalty
D. good business judgment

16) Barry buys a new sports car. The car sits low to the ground and because of the styling, visibility to the rear is limited. About a month after Barry buys the car, he backs over his pet poodle as he is leaving for work. In his strict liability suit against the car manufacturer, Barry will
A. win because driving a sports car is an inherently dangerous activity
B. win on the basis of design defect
C. win on the basis of packaging defect because the car could have been packaged in a differently styled body
D. lose because he assumed the risk of backing up in a car when he could not see to the rear

17) If a judge rules that a party lost its case because of the Statute of Frauds, the judge has essentially stated which of the following?
A. The losing party purposely deceived the other party about a material fact.
B. The losing party will not be allowed to introduce evidence to contradict a written agreement
C. The losing party cannot enforce an oral contract that should have been in writing
D. The losing party was found by the court to have lied, and therefore will lose the case

18) What does the parol evidence rule do?
A. It limits the ability of parties to written contracts from introducing certain evidence related to the contract.
B. It sets the rules for admissibility of evidence relating to releasing a criminal from a prison term
C. It sets the general rules for the admissibility of evidence in criminal actions
D. It determines which contracts are required to be in writing

19) ABC LLC and XYZ Corp. entered into a contract whereby ABC is to supply XYZ with widgets. After receiving the first shipment of widgets, XYZ finds that the widgets, while meeting the physical standards specified in the contract, do not perform as XYZ anticipated. The contract is silent as to performance specifications, but XYZ suspects that ABC knew that it was manufacturing and supplying widgets that would not perform according to industry standard. XYZ initiates a lawsuit against ABC, alleging that ABC knowingly supplied defective widgets. What process will XYZ use to help it develop its case against ABC?
A. Pleadings
B. Motion for summary judgment
C. Discovery
D. Trial

20) Under the Employee Retirement Income Security Act (ERISA), an employee’s benefits must vest
A. within 10 years
B. by the time of the employee’s retirement
C. in total within 5 years or gradually within 7 years
D. only as provided in the pension plan

21) Which of the following statutes provides that it is legal for employees to organize a union?
A. The Norris-LaGuardia Act
B. The National Labor Relations Act
C. The Labor-Management Relations Act
D. The Worker Adjustment and Retraining Notification Act

22) William was a factory worker at the Spruce Industries plant. When management found out that William is gay, he was fired. The plant’s action is
A. not prohibited under federal law
B. a violation of Title VII
C. a violation of the Equal Pay Act
D. a violation of the Americans with Disabilities Act

23) Janet is manager of a bank. She has all the qualifications to be promoted to bank manager. In fact, she is better qualified than any of the men being considered for the position. However, the owner of the bank believes that bank customers will not accept a woman as bank manager, so the owner promotes one of the males. The owner’s actions would best be described as what?
A. Quid pro quo
B. Hostile work environment
C. Gender discrimination
D. Pregnancy discrimination

24) Which one of the following statutes allows a prevailing party to recover attorney’s fees in an action against the government for an action of an agency?
A. The Freedom of Information Act
B. The Government Compensation Act
C. The Administrative Procedure Act
D. The Equal Access to Justice Act

25) Which of the following would prevent someone from acquiring land by adverse possession?
A. The person never had to fight the original owner to remain on the land
B. The person lived on the land secretly so that the original owner would not find out he or she was there
C. The person lived on the land without the original owner’s permission
D. The person was the only person who lived on the land in question
26) Which of the following would be classified as tangible personal property, as opposed to other property categories, such as fixtures or intangible property?

A. A freestanding desk
B. Built-in cabinets in an office
C. A copyright to a literary work
D. A field of corn

27) As the CEO of a high tech company, you become aware that your chief competitor is working on a new computer program that will revolutionize your industry. You know that if you can find out several key functions about the new product, your own programmers will be able to duplicate the function of the program without actually copying its code. Which of the following actions can you ethically take?

A. Paying the garbage company to deliver the competitor’s garbage to you
B. Hiring a former employee of the competitor and paying her a bonus to tell you the competitor’s secrets
C. Hiring a researcher to review all available information about the competitor, including patents, types and names of employees hired, reports by the competitor, including all SEC filings
D. Hacking into the competitor's computer systems to find out what you need

28) From a practical perspective, what are some of the elements of Sarbanes-Oxley?
A. Ensuring transparency, accountability and internal controls
B. Ensuring companies are profitable
C. Ensuring that CEOs do not make more than 10 times the lowest paid employee
D. Ensuring that large shareholders do not have board representation

29) Under Title IX of the Sarbanes-Oxley Act, the penalty for someone who certifies “any statements as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport . . .” is
A. no more than $1,000,000.00 or imprisoned no more than 10 years, or both
B. no more than $500,000.00 or imprisoned no more than 6 months, or both
C. no more than $2,000,000.00 or imprisoned no more than 3 years, or both
D. no more than $5,000,000.00 or imprisoned no more than 20 years, or both

30) Which is prohibited under the Sarbanes-Oxley Act?
A. High salaries for corporate executives
B. Using an independent accounting firm for audit purposes
C. Public companies making personal loans to their directors and executives

D. Directors and executives attending board meetings on a regular basis

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LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis

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Review Exhibit 2.1: Typical State Court System.

Assume
that the higher on this chart the case is the more expensive it is for all parties.

Write a memo ona state (not federal) level business dispute. Describeas if you were writing a "white paper" for your boss who wants to know how a case like the one you have chosen would be processed throughout the various legal phases in a state court system.

Because most cases never make it to trial, it is also important to consider alternative methods of dispute resolution. Suppose your selected case was initially submitted to ADR. What methods of ADR would be available to pursue? Which of these ADR methods do you think would be the most appropriate? Why?

Required
elements:

Discuss the differences in costs and benefits of going through traditional litigation and pursuing ADR in this case (Consider for example, why one of the parties in the case you're looking at may have preferred keeping the case out of court).

No more than 700 words.

Format is consistent with APA guidelines.

Click the Assignment Files tab to submit your assignment.

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LAW 531 Week 1 Individual Assignment Traditional and Nontraditional Litigation Paper

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Review the assignment options described below. These options are found in the University of Phoenix Material: Traditional and Nontraditional Litigation Paper located on the student website.

Option 1: Write a paper of no more than 700 words in which you compare and contrast the traditional litigation system with the nontraditional forms of ADR.

Option 2: Write a paper of no more than 700 words in which you explain the legal issues presented in the Litigation and Alternatives video.

Select and complete one of the options

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LAW 531 Week 1 Quiz (Knowledge Check)

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1 What is the effect of having a corporation as the general partner of a limited partnership?

Each shareholder of the corporation will be treated as a general partner of the limited partnership.

The liability of the corporate general partner will be limited to the amount of its assets.

The limited liability of the corporation will result in the limited partners having greater liability than they would otherwise.

Each shareholder of the corporation will be treated as a limited partner of the limited partnership.

2 There are two general partners, each of whom contributes $5,000 in capital to a limited partnership. There are two limited partners, each of whom contributes $20,000. The total amount of capital contributed is $50,000. The limited partnership agreement does not stipulate how profits and losses are to be allocated. Assume that the limited partnership makes $300,000 in profits. Under the Revised Uniform Limited Partnership Act (RULPA), how much would each partner receive?

Each general partner would receive $30,000, and each limited partner would receive $120,000.

Each general partner would receive $120,000, and each limited partner would receive $30,000.

All partners would receive $75,000, regardless of whether he or she is a general or limited partner.

Each general partner would receive $50,000, and each limited partner would receive $100,000.

3 Which of the following is true of arbitration?

A judicial referee makes recommendations to the parties.

A resolution may or may not be reached.

One party usually drops the case.

Parties can introduce evidence to support their case.

Correct

4 Which type of business formation is typically reserved for professionals such as accountants, lawyers, and doctors?

Limited Liability Partnership (LLP)

S-Corporation

Franchise

Limited Liability Company (LLC)

5 Which of the following is true about the choice of business entity for an entrepreneur?

The choice is determined solely by the amount of capital invested.

The choice takes into account many factors, including finding an option that has all the characteristics desired.

The choice is determined solely by whether the primary business is services or goods.

The choice is determined by the Internal Revenue Service based on all the facts and circumstances.

Correct

6 Which of the following is true of a corporation?

A corporation is a separate legal entity.

7 George has served Mary with a complaint alleging breach of contract. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that she

should not respond to George’s complaint as an answer implies an admission

answer George’s complaint by admitting or denying the allegations George has asserted against her

write a letter to the judge saying that George is mistaken

answer George’s complaint but do not provide any affirmative defenses that George can use against her

Correct

8 When parties agree in advance to adhere to an arbitrator’s decision and award, it is known as

binding arbitration

mediation

appealable

arbitrator discretion

Correct

9 Which of the following is true of The Federal Arbitration Act?

It applies only to breach of contract disputes.

It governs all types of alternative dispute resolution.

It permits an appeal for all arbitration awards.

It provides that arbitration agreements are valid, irrevocable, and enforceable.

Correct

10 Which of the following is true in the creation of a general partnership?

The business cannot operate under a trade name.

The name selected cannot indicate that it is a corporation.

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LAW 531 Week 2 Individual Assignment Legal Forms of Business Paper

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Consider each of the following forms of business: sole proprietorship, partnership, limited liability partnership, limited liability company, S corporation, franchise, and corporate form. Develop scenarios in which each of these forms of business would be the preferred form. For each scenario, justify why the corresponding business form is preferred.

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LAW 531 Week 2 Individual Business Forms Worksheet

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Complete the Business Forms Worksheet.

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LAW 531 Week 2 Learning Team Reflection IRAC Brief

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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 2 Quiz (Knowledge Check)

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1 How does product disparagement differ from defamation of a nonpublic figure?

Malicious intent is required for the defamation case, but not in the disparagement case

Publication to a third party is required in the defamation case, but not in the disparagement case

Publication to a third party is required in the disparagement case, but not in the defamation case

Malicious intent is required for a disparagement case, but is not required in the defamation case

2 Which of the following is a key element of successful Enterprise Risk Management?

Nondisclosure agreements

Strong investment strategies

Legal counsel

Management commitment

3 Diane bought an action figure for her son David from Terrence’s Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence’s Toy Shop for damages?

Fraud

Negligence

Nuisance

Misrepresentation

4 Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation?

Mary can file a negligence lawsuit against the dealership that sold John his car.

Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car.

John can file a negligence lawsuit against the dealership from which he bought the car.

Mary can file a strict liability lawsuit against John.

5 Assuming that statutory requirements have been met, what is protected under merchant protection statutes?

Merchants are protected from product disparagement claims of their competitors.

Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting.

Merchants are protected from the intentional torts of their customers.

Merchants are protected from negligence claims on their business premises.

6 Which best describes assumption of the risk in a negligence case?

The defendant gave advance warning to the plaintiff that an injury would occur.

The plaintiff was involved in an abnormally dangerous activity.

The plaintiff knowingly and willingly subjected herself to a risky activity.

The plaintiff is more at fault than the defendant in causing the accident.

7 Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for

tort of appropriation

misappropriation of the right to publicity

disparagement

intentional misrepresentation

8 Which of the following is the best statement of the test applied in determining if a defendant’s actions were the proximate cause of the plaintiff’s injuries?

Was it foreseeable that the defendant’s conduct would lead to the kind of injury that the plaintiff suffered?

Was it foreseeable that the defendant was the cause of the plaintiff’s injuries given the nature of those injuries?

Was the injury foreseeable to the plaintiff prior to the injury’s occurrence?

Was it foreseeable to the plaintiff that the defendant would engage in this conduct?

9 Which of the following is a defect in manufacture?

Failure to properly design the product

Failure to include adequate instructions for the product

Failure to properly package the product

Failure to properly test the product

10 John Harley was on his way home when an assailant stopped his car and threatened to physically harm him for driving on that street. John can sue the assailant to recover damages for

disparagement

battery

assault

libel

11 In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect that

affected the value of the product

made the product unreasonably dangerous

was caused by the defendant

the defendant was aware of

12 Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process.

ongoing

informal

static

one-time

13 Dorothy purchases a chair that was made by Woode Designs, Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sits on the chair, it breaks and she is injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?

Defect in manufacture

Failure to provide adequate instructions

Failure to warn

Defect in design

14 The failure to design an automobile that will properly protect the occupants from a person’s body striking something inside their automobile is known as the

failure to design doctrine

crashworthiness doctrine

defective design doctrine

quality control doctrine

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LAW 531 Week 3 Learning Team Assignment ERM Paper

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Review the assignment options described below. These options are found in the University of Phoenix Material: ERM Paper located on the student website.

Option 1:Write a paper of no more than 1,750 words in which you identify potential tort risks that arose in the Business Regulation simulation. Identify a tort violation from the simulation. Then use the 7-step process as defined in the Harb article to apply the risk management process to mitigate the business risk associated with that violation.

Option 2: Write a paper of no more than 1,750 words in which you identify potential tort risks that arose in the Product Liability video. Identify a tort violation from the video. Then use the 7-step process as defined in the Harb article to apply the risk management process to mitigate the business risk associated with that violation.

Select and complete one of the options.

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LAW 531 Week 3 Learning Team ReflectionIRAC Brief

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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 Quiz (Knowledge Check)

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1 Which of the following types of real property rights can be sold separately from the land?

Buildings and improvements on the land

Minerals in the subsurface

Building fixtures on the land

Improvements under the land

2 Jenson and Johnson enter into a contract that involves Johnson paying Jenson $1,000 for shoveling the snow from his driveway throughout the winter. Jenson, who was paid before work commenced, breached the contract on the very first day. He should refund $1,000 to Johnson as

liquidated damages

restitution

compensatory damages

consequential damages

3 Which of the following examples is a bilateral contract?

Mary pays Bob for Bob’s promise to paint her house on Saturday.

Bob paints Mary’s house and Mary promises to pay Bob on Saturday.

Mary promises to pay Bob if Bob promises to paint her house.

Mary pays Bob for painting her house.

4 If a contract ends in a dispute, and the parties want to have the matter resolved without going to court, which is the most common method for them to pursue?

Mediation

Minitrial

Discovery

Arbitration

5 Wildboards Company introduces a product called a “Rollerboard” for which it is granted a registered trademark. The Rollerboard is a snowboard with a removable row of wheels along the center of the underside. With the wheels attached, the user can attain extremely high speed in hard-packed snow conditions. In addition, many users have found that they can use their snowboards on streets with the wheels attached. This new use of snowboards becomes very popular and many competing snowboard makers introduce similar products. The sport becomes known generally as rollerboarding and most people refer to all such wheeled snowboards as rollerboards. What is the consequence of this scenario?

Wildboards can no longer use the name Rollerboard on its boards.

Competitors must pay royalties to Wildboards for using the term “rollerboard”.

Competitors must put a disclaimer on their boards that they are not the original Rollerboard.

Wildboards cannot stop competitors from using the term “rollerboard” for their products.

6 Under Section 2 of the Uniform Commercial Code (UCC), a contract for the sale of goods must be written if that contract is for what monetary value?

$1,000 or more

$250 or more

$500 or more

$100 or more

7 Which of the two

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LAW 531 Week 4 Individual Assignment Contract Creation and Management Assignment

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Review the assignment options described below. These options are found in the University of Phoenix Material: Contract Creation and Management Assignmentlocated on the student website.

Option 1: Write a paper of no more than 1,400 words on your analysis of the issues presented in the Contract Creation and Management simulation.

Option 2: Write a paper of no more than 1,400 words on your analysis of the issues presented in The Nature of Agency video.

Option 3: Create a contract that clearly states in writing the implied terms of the contract verbally communicated in the Contracts: Offer and Acceptancevideo.

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LAW 531 Week 4 Individual Assignment Contract Creation and Management Simulation

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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 Individual Employee Discrimination Video

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LAW 531 Week 4 Individual Employee Discrimination Video

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LAW 531 Week 4 Learning Team No Smoking Policy Analysis

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LAW 531 Week 4 Learning Team No Smoking Policy Analysis

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LAW 531 Week 4 Learning Team Reflection IRAC Brief

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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 Quiz (Knowledge Check)

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1Under what conditions must an employer allow nonemployee union solicitation on company property?

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

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

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

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

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

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 will have to pay union dues even if they do not belong to the union.

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 cannot be forced to join a union.

3 Which of the following statutes regulates internal union affairs and establishes certain rights of union members?

The Worker Adjustment and Retraining Notification Act

The Labor Management Relations Act

The National Labor Relations Act

The Labor Management Reporting and Disclosure Act

4 Which of the following powers does the Equal Employment Opportunity Commission have?

Legislate antidiscrimination statutes

Pass amendments to the 1972 Amendments to the Civil Rights Act of 1964

File suits to enforce antidiscrimination statutes on behalf of complainants

Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes

5 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 employee must decide whether to seek a workers’ compensation payment or file an ordinary lawsuit against the employer.

If the employee is dissatisfied with the amount received under the workers’ compensation system, the employee generally then can file an ordinary lawsuit.

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

6 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 the conduct and the employee did not take advantage of ive 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 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 ive action.

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

Race, religion, and sexual orientation

Race, national origin, and sex

Race, national origin, and alien status

Race, national origin, and political affiliation

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LAW 531 Week 5 Individual Assignment Discrimination Scenario Simulation

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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 Learning Team Reflection IRAC Brief

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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.

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LAW 531 Week 5 Quiz (Knowledge Check)

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1Officers of a corporation typically can have which types of agency authority to bind the corporation?

Express, transparent, and applied

Express, transparent, and implied

Express, implied, and apparent

Express, applied, and apparent

2If 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 obedience by competing with the corporation

Duty of loyalty by self-dealing

Duty of care by violation of the business judgment rule

Duty of loyalty by usurping a corporate opportunity

3In 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

4According 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?

Federal Communications Commission

Federal Reserve System

United States International Trade Commission

Securities and Exchange Commission

5In 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 Health and Human Services

Secretary of the Interior

Secretary of Homeland Security

Secretary of Commerce

6 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?

Executive power

Licensing

Judicial authority

Rulemaking

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

Cumulative voting

Straight voting

Proxy voting

Absentee voting

8Unless otherwise stated in the articles of incorporation, a quorum to hold a meeting of the shareholders is generally defined as which of the following?

A majority of shareholders required to be present to vote on a corporate action

The number of shareholder votes necessary to pass an action

The number of registered shareholders eligible to vote at a given time

A committee of directors selected to vote on a corporation action

9 Which of the following is true of the Federal Trade Commission?

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 federal agency created by Congress

It is a corporation subsidized by the federal government

10Which of the following is likely to be a breach of a corporate officer’s or director’s duty of care?

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

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

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

Failing to predict the startup of a new competitor

11The Sarbanes-Oxley Act is intended to increase the confidence of the public and investors through increasing which of the following?

Separation of powers

Corporate governance

Director complacency

Corporate veil

12If 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 loyalty

Duty of good faith and fair dealing

Duty of care

Duty of obedience

13In 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?

Army Corps of Engineers Agency

Air Quality Control Agency

National Ambient Air Quality Standards Agency

Environmental Protection Agency

14Which of the following powers do administrative agencies typically have?

Law enforcement, statute interpretation, and dispute resolution

Statute interpretation, law enforcement, and mediation

Rulemaking, statute interpretation, and dispute adjudication

Dispute adjudication, mediation, and rulemaking

15The Sarbanes-Oxley Act prohibits publicly traded companies from making personal loans to whom?

Its majority shareholders

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LAW 531 Week 6 Individual Assignment Riordan Corporate Compliance Plan

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Resources: Riordan Virtual Organization located on the student website, and the COSO website (http://www.coso.org/)

View the Riordan virtual organization.

Create a corporate compliance plan consisting of no more than 2,450 words for Riordan. Focus your plan on managing the legal liability of officers and directors of Riordan. The plan must also address how to handle situations when laws are violated or in question (such as when to call in legal counsel, what rights the employees have, or who to turn to when actions are taken against Riordan). Your plan must also include the following:

Enterprise liability

Real and intellectual property

Governance principles of regulatory compliance requirements

The specific international laws or aspects of the law that must be adhered to by Riordan and an outline of these steps for employees to adhere to these laws

Format your Corporate Compliance Plan as if you were going to distribute this to the officers and directors of Riordan. Outline the prevention and management guidelines of the legal aspects listed above. Implement enterprise risk management based on the COSO’s 8 recommendations. COSO can be used to structure your plan. Be sure to incorporate key concepts from your readings where appropriate. You need to research requirements at the COSO website.

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LAW 531 Week 6 Learning Team Reflection IRAC Brief

For more course tutorials visit

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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 6 Quiz (Knowledge Check)

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1What are the primary sources in the U.S. Constitution of the federal government’s power over international affairs?

The Commerce Clause and the Privileges and Immunities Clause

The Treaty Clause and the Police Power Clause

The Foreign Commerce Clause and the Treaty Clause

The Treaty Clause and the War Powers Clause

2Which 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?

Tying arrangement

Predatory pricing

Price fixing

Group boycott

3Negotiators 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 Canada

The United States and Mexico

The United States, Mexico, and Panama

4Which of the following is codified under the Foreign Sovereign Immunities Act?

The supremacy clause

The act of state doctrine

The choice of forum clause

The principle of restricted immunity

5Which 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?

International Monetary Fund

World Trade Organization

General Agreement on Tariffs and Trade

North American Free Trade Commission

6Three 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 sellers’ illegal per se price fixing.

No. This is not illegal price fixing.

Yes. This is both buyers’ and sellers’ illegal per se price fixing.

Yes. This is buyers’ illegal per se price fixing.

7________ 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

Supremacy Clause

Choice of law clause

Forum-selection clause

8Which of the following products would be covered by the Consumer Product Safety Act?

Automobiles

Aircraft

Firearms

Toys

9By default, a case involving an international dispute is prosecuted only in

the International Court of Justice

a court in the defendant’s country

a court in the plaintiff’s country

a court in a neutral country

10In 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 have no power over foreign affairs because the U.S. Constitution grants that power exclusively to the federal government.

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.

11Which of the following is provided under the Foreign Sovereign Immunities Act?

It exclusively governs suits against foreign nations that are brought in courts in the United States.

It regulates commerce between the United States and foreign nations.

It endows the president with powers to enter into treaties with foreign nations.

It stipulates the rules for conflict resolution among the DR-CAFTA members.

12Which of the following is required under the Biosafety Protocol sponsored by the United Nations in the year 2000?

Whenever genetically altered foods are offered for sale, comparable food that is not genetically altered must be made available at a comparable price.

All genetically altered foods must be clearly labeled as such.

Nations are free to prohibit the import of genetically altered foods without violating free-trade agreements.

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