busn420 full course latest all discussions ,assignments ,quizzes and final

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busn420 full course latest all discussions ,assignments ,quizzes and final Click Link Below To Buy: https://hwaid.com/shop/busn420-full-course-latest-all-discussions-assignments-quizzes-and-final/ Contact Us: [email protected] busn420 full course latest all discussions ,assignments ,quizzes and final BUSN 420 Quiz 1 BUSN 420 Quiz 2 BUSN 420 Quiz 3 BUSN 420 Quiz 4 BUSN 420 Quiz 5 BUSN 420 Quiz 6 BUSN 420 week 1 Assignment BUSN 420 week 2 Assignment BUSN 420 week 3 Assignment BUSN 420 week 4 Assignment BUSN 420 week 5 Assignment BUSN 420 week 6 Assignment BUSN 420 week 7 Assignment BUSN 420 Week 1 Discussions BUSN 420 Week 2 Discussions BUSN 420 Week 3 Discussions BUSN 420 Week 4 Discussions BUSN 420 Week 5 Discussions BUSN 420 Week 6 Discussions BUSN 420 Week 7 Discussions BUSN 420 Week 8 Final Exam Law Set 1 BUSN 420 Week 8 Final Exam Law Set 2 BUSN 420 Week 8 Final Exam Law Set 3 Busn 420 week 1 -7 Discussions Week 1 Discussions May I Call You? (graded) Congress enacted a restriction on telemarketing, known as the National Do-Not-Call list, which made it illegal for telemarketers to place unsolicited commercial calls to consumers. A consumer may register up to three residential phone numbers for the list. The Act does not prohibit calls from political campaigns and others seeking support for political candidates, nor calls from certain charities seeking donations. The Act provides for significant financial penalties imposed by the Federal Communications Commission on any telemarketer or company that violates the law. Some telemarketer organizations claim that the law is unconstitutional. Congress also enacted the CAN SPAM Act, prohibiting certain kinds of spam e-mail nationwide. The CAN SPAM Act also states that, “This act supersedes any statute, regulation or rule of a state that expressly regulates the use of electronic mail to send commercial messages, except to the extent that the state rule prohibits deception in any portion of a commercial electronic mail message or information attached thereto.” Subsequently, California enacted a new anti-SPAM law that applies to spam e-mail either sent from a server in California or sent to a California e-mail address. What constitutional law issues do these statutes raise, and who should prevail? How, specifically, should the courts resolve these constitutional issues according to the current state of the law? What substantial government interest is Congress attempting to protect with the National DNC List? Where is that found in U.S. Constitution? What other strategies could the government employ to reach the same result? diss 2 A Sobering Lawsuit (graded) Fun Products, Inc. is in the business of designing computer games. At the end of a particularly successful year, company management decided to throw a celebration party at which it would announce large bonuses for the entire workforce. The party was held in the banquet room of a localhotel, owned by the Milton Hotel chain, and was catered by the hotel, including an open bar for all guests. Employees were also invited to bring a spouse or significant other. A good time was had by all, but too much fun was had by a few, including Larry Lush, and his wife, Linda. Larry and Linda had attended other company functions at which alcohol was served, and had a reputation for drinking a bit too much. The company offered a free taxi ride home to any employee who had a bit too much to drink, but Larry and Linda declined the free cab ride, and attempted to drive home in their own car. En route, Larry, who was driving, struck another vehicle, injuring Veronica, the driver of that car. Larry has limited assets, and his insurance had just expired, as well as his driver’s license. Veronica wants to sue Fun Products, Inc. and the Milton Hotel chain for her injuries, which include medical bills, lost wages, property repair costs (her car), and pain and suffering. She also wants to obtain a court order prohibiting Fun Products, Inc. from ever serving alcohol at a company function again. Without trying to decide who will win if Veronica sues Fun Products, Inc. and the Milton Hotel chain, analyze the following. Who are the parties to this lawsuit, and what are they called (trial level and appeal level)? What types of law will Veronica’s lawsuit involve? What type of remedies is she seeking, and are these remedies (or some of them) appropriate to this type of case? What legal sources will the court consider in deciding if Fun Products, Inc. and the Milton Hotel chain (or either of them) are liable for Veronica’s injuries? What types of liability does Larry face as a result of this scenario? What burden of proof will apply? What issues in this dispute would a jury decide (if the case went to trial), and what issues would a judge decide? What if the person(s) with liability here doesn’t have the money to pay Veronica’s damages? Week 2 Discussions Wendy Wanderer (graded) Derek Dirt operates a home-based business selling herbs and supplements. He frequently receives new samples and is constantly discarding unwanted samples, as well as packaging, old files, and other junk on a back yard trash heap that accumulates between trash pick-ups. Little Wendy Wanderer, age five, who lives next door, sees what, to her, promises to be a nice toy among Derek’s trash. Upon coming closer to the trash heap, Wendy is bitten by a rat. She screams and then faints. Her nearby mother calls an ambulance, which, on the way to the scene, jumps a curb and strikes Paul Pedestrian, seriously injuring him. Wendy requires a series of rabies shots. Except for some bad dreams, Wendy apparently recovers. Derek and Wendy are both citizens and residents of Ohio. Paul, who is a citizen and resident of Texas, was visiting friends in Ohio when the ambulance struck him. • Does Wendy have a solid basis for suing Derek for her injuries? • Who might be liable to Paul Pedestrian? • What types of damages could Wendy recover? • If Wendy sues Derek, in what state(s) could she sue, and in what court (federal or state) could she properly file the suit? • If Paul sues Derek, in what state(s) could he sue, and in what court (federal or state) could he properly file the suit? diss 2 Bad Bar-B-Q (graded) Over many years, Jake and Jo Bob built up a barbeque ribs business, Hambones, Inc., which caters picnics and parties and sells ribs and corn at county fairs. They have several creditors, including Sauce Supply and First State Bank. Two years ago, in reliance on an audit of the company’s books prepared by Hambones, Inc.’s accounting firm, Able & Henderson, First State Bank made a loan to Hambones, Inc. It now appears that the audit failed to disclose financial improprieties in Hambones, Inc.’s maintenance of its books: Certain liabilities were being carried off the books, causing Hambones, Inc.’s bottom line to appear more favorable than it really was. The decision to carry the liabilities off the books was made by Jake and Jo Bob, but there is now an argument as to whether a more careful audit would have uncovered the liabilities. Jake told the accounting firm that the audit was being done at the bank’s request in order for the loan to be approved, and that it was really important that the company receive a clean bill of health from the audit. Able & Henderson didn’t want to lose Hambones, Inc. as a client. Sauce Supply also knew that Hambones, Inc. had been audited and heard from Jake and Jo Bob that the auditors were very satisfied with Hambones, Inc.’s financial position. Jake gave Sauce Supply’s president, Sandy Saucy, a copy of the audit report. Able & Henderson had no knowledge of these statements, or that Sauce Supply had received a copy of the audit report. • What standard of care applies to Able & Henderson’s accounting work for Hambones, Inc.? • Does Able & Henderson face any negligence liability to First State Bank or Sauce Supply in a state that has adopted the Ultramares rule? • In a state that has adopted the Restatement rule? • In a state that has adopted the Reasonably Foreseeable User rule? • Week 3 Discussions Fine Dining (graded) You enter an expensive restaurant and are seated by the hostess. A waiter brings you plates, knives, forks, napkins, and other set-ups for dinner, including bread and butter and ice water, all of which you partly consume. When you read the menu, you realize that the prices far exceed what you can afford. You then make it clear that you do not intend to order a meal. • What type of contract (obligation) do you have, if any? • What factors and contractual elements will you consider in assessing whether a contract was formed? • What if, instead, you read the menu and place an order, but say nothing about agreement to pay. Is there a contract? Also, assume there is fine print at the bottom of the menu that states: 20% gratuity charged. $20.00 cover charge per table. • If you ordered dinner but didn’t see the fine print, what is the effect? • Does this change in the facts alter your conclusion regarding the scenario above? Why or why not? • What key factors and elements are at play? This section lists options that can be used to view responses. diss 2 Distant Deal Making (graded) Maria, who lives in Seattle, sent Koji a letter via first class mail, stating, “Koji, I think your 2003 Ford SUV is worth $20,000. I will give you $20,000 cash for it.” Koji receives the letter, but believes his car isn’t worth more than $14,000 due to the manner in which he drives the vehicle and due to the weather in Florida where he resides. Maria’s letter was mailed on Monday. When she didn’t hear from Koji by Wednesday, she sent an e-mail on Wednesday afternoon with the same message, and asked whether he received her letter. Koji received Maria’s letter on Wednesday, but did not receive the e-mail until Friday afternoon, due to server problems. In the meantime, Koji sent a fax late on Friday stating, “Are you sure you still want to buy my car for $20,000? I accept your offer.” On Saturday, after some research, Maria decided the Ford SUV was not worth what she thought. To make certain Koji would know this fact, she sent Koji a letter via Federal Express stating, “Your SUV is not really worth $20,000.” On Monday morning, Koji received the Federal Express letter from Maria. Also on Monday morning, an hour later, Maria received Koji’s fax at work. • Has a contract been formed here? Why or why not? • Identify and explain the stages of contract formation as they occurred in this scenario and analyze them in this context from a contract formation standpoint. Week 4 Discussions Dream House (graded) • In a contract dated June 15, 2006, Bobby agrees to build your dream house on a lot you own near Naples, Florida. The contract price is $500,000. The house is to be completed and ready for occupancy by March 1, 2007. Bobby is paid a progress payment of $100,000, for labor and materials, in October, 2006. In November, 2006, a hurricane strikes the Naples area and floods the work site. Bobby claims he had completed 50% of the job before the hurricane struck. Thereafter, Bobby performs no further work and walks off the job. • On January 1, 2007, you declare Bobby to be in breach of contract and sign a contract with Sheila to complete the job for $350,000. o Was your contract with Bobby a unilateral or bilateral contract; if unilateral, at what time did Bobby substantially undertake performance? o What remedies and/or damages are available to you and to Bobby? o Since Sheila’s cost to complete the house is more than half the cost, who sees a loss from the hurricane? diss 2\ Nightmare House (graded) • After months of combing the real estate ads for a vacation property, you find an ad for a lovely Victorian cottage in a scenic small town about three hours away. After viewing the house, you decide it is the perfect weekend place; and amazingly, the price is in your budget. In fact, you’re amazed that the house is so affordable and has been on the market for a while. You sign a real estate purchase contract to buy the house from the current owners, who have lived there for over 20 years. You make the sale contingent upon an inspection of the property by a licensed construction engineer. The engineer inspects the house over the course of two days and gives the house a clean bill of health. You proceed to closing, and buy the house. • After moving in, you learn for the first time from the neighbors that many actively claim this house is possessed by poltergeists, which the prior residents of the house had reportedly seen. In fact, the house is listed in a national guide to haunted houses, and had previously been included in a walking tour of the town as the haunted house. A newspaper article once described it as a charming Victorian (with ghost). You now jump at every creak and noise the house makes. You want the seller of the house to take it back for failing to inform you that the house is haunted. o Do you have a good basis for rescinding the sale? o What duties will you claim were owed to you by the seller? o What responsibilities did you have as a buyer that may affect your ability to recover? o What damages can you claim stem from the alleged failure to disclose by the seller? o Week 5 Discussions Battle of the Forms (graded) Initial Text:Nellie Nimble, purchasing manager for Fast Color Paint Company, mailed a purchase order to AB Can Corporation for 100,000 cans of high-gloss white paint at $15 per gallon wholesale. The order form mailed by Nellie contained 17 printed conditions on its reverse side. The third condition stated: “Buyer may reject any defective goods within 30 days of delivery.” The order form also stated that payment would be made as follows: 50% upon receipt of the goods, and 50% within 30 days of the receipt of goods. AB Can (the seller) sent a signed letter confirming the order, but the letter stated: “Any objection to goods shipped must be in writing within five (5) days of receipt of goods.” AB Can’s letter specified the same payment schedule as Fast Color’s purchase order, but stated, in addition, “Interest at the rate of 12% per year will be charged on late payments.” Fast Color’s purchase order said nothing about interest on late payments. AB Can delivered the cans (100,000) and Fast Color sought to object to 10,000 of the cans as defective on the seventh day after receipt of the cans. Fast Color paid 50% of the order’s purchase price upon delivery but paid the balance (minus the 10,000 cans it rejected) 40 days after delivery. • Did Fast Color have the right to reject 10,000 cans, seven days after delivery? • Does Fast Color owe interest on the portion of its payment that was not paid within 30 days of receipt of the paint order? • Did the provision for interest on late payments materially alter the contract? • What terms in AB Can’s purchase confirmation are additional terms, not mentioned at all in Fast Color’s order? (Explain your rationale, and also state whether you believe the outcome is fair.) \ diss 2 Want to Lose Weight? (graded) Initial Text:You’ve been hired as the marketing manager for a company that sells weight loss products to the public. The Federal Trade Commission (FTC) recently brought an enforcement action against the company for violating the FTC Act’s prohibition of unfair and deceptive trade practices, based on some of the company’s advertising. The company wants to challenge the FTC’s ruling by appealing to the courts. The FTC’s ruling was based on the company’s ads for herbal teas (claiming they block absorption of fat and will lead to substantial weight loss) and the company’s ad for a popular supplement (claiming they will result in the loss of two pounds or more each week without dieting or exercising). • What is the basis of the FTC’s power to regulate ads for diet products? What standards has the FTC established to determine if a diet product claim is unfair and deceptive? • If the company tries to challenge the FTC’s ruling by appealing to a court, what test will the appellate court use to determine if the FTC’s ruling was justified? How do you think the court should decide this case? • If the company wants to comply with the FTC’s regulations on diet product claims, what language would it need to change in the ads mentioned above? Week 6 Discussions TraderRon.com (graded) Initial Text:Dana and Ronnie operate a Web-based business, TraderRon.com, an Internet swap site that uses a Dutch auction system pioneered by Priceline.com. TraderRon.com allows customers to make offers to other customers to swap such items as their unused frequent flyer miles for other customers’ unwanted merchandise, including DVDs, music CDs, used books, and any other merchandise customers might want to trade. No sales involving payment of money are made on the site. Some of the merchandise that has been offered on the site and swapped consists of bootleg or pirated merchandise, as well as designer knockoffs. All of TraderRon.com’s income derives from advertising. TraderRon’s website and advertising use a black and grey symbol to represent its swapping service. It has used this symbol consistently and registered it with the U.S. Patent and Trademark Office. The symbol is very similar to the Nike swoosh symbol, except it fades from black to grey from left to right. TraderRon.com uses a multimedia presentation to explain its operation to users. The multimedia presentation was created by a friend of Dana’s as his senior portfolio project at school, where he was majoring in website design and multimedia. Dana paid him with a free trip to the Caribbean, which she had won in a contest. No copyright was registered in connection with the multimedia presentation. TraderRon.com sends a weekly e-mail update to customers who have registered on the site. The e-mail is sent via an e-mail address Ronnie established at Yahoo.com. TraderRon.com’s customers are located throughout the U.S. and some are overseas. • What intellectual property and Internet law issues are raised by TraderRon.com’s business model? • What sort of liability is the business risking? • What legal implications could arise from using the Yahoo.com e-mail account for swap.com’s mass e-mailings? diss 2 Modern Problems (graded) Joel, a former employee of NetworkBank, an online bank, decided to exact some revenge. Though his official access to the bank’s records was removed, he was able to hack into the bank’s database of customer information, obtaining passwords associated with customer debit cards. Using debit card numbers and passwords, he purchased merchandise online from various venders, including online auction sites, such as eBay. Among the bank customers whose accounts he raided was Elle, a consumer, and Pet Products, Inc., a business that sells pet products online. Joel took $85 from Elle’s checking account the first time, which she didn’t notice until a week later, at which point she notified NetworkBank. Joel took $350 from Elle’s account a few weeks later, which she noticed the next day and immediately reported to the bank. Joel accessed Pet Products, Inc., just once, for $3,450, which the company noticed the next day and reported to NetworkBank. Joel also wanted revenge against a former NetworkBank employee, Gwen, who he believed to be responsible for his firing. She left the bank and was working elsewhere. Using Internet search engines, he found postings that Gwen had made to chat rooms on various Internet sites. Using this information, Joel contacted PrivateI.com, an Internet based information and investigation service. He paid the fee required for an investigation on Gwen, and obtained her home and work addresses and telephone numbers. PrivateI.com did not inquire why Joel wanted the information about Gwen. Joel followed Gwen as she exited her workplace one night and attacked her, injuring her severely. Joel is now under arrest. • What remedies do Elle and Pet Products, Inc. have against NetworkBank for the unauthorized fund transfers? What law applies? • What is the extent of liability for the consumers in this scenario? May Gwen hold PrivateI.com liable for her injuries? Why or why not? • What preventative actions should the businesses mentioned in this scenario have undertaken to prevent what occurred here? Week 7 Discussions Rocking the Boat (graded) • Initial Text:Duchess Cruise Lines, Inc. dry-docked a ship, intending to have maintenance done. Melinda, the ship’s supply manager, decided to purchase some needed supplies from Marine Equipment Services, Inc., on the ship’s behalf while it was in dry-dock. She charged the supplies to her personal credit card. The supplies were delivered and used, but the cruise line refused to reimburse Melinda for the cost of the supplies because she hadn’t obtained the required approvals before making the purchase. Melinda takes the position that doing so would have delayed the purchase of the materials, because the person who normally grants approvals was on leave for several weeks. The cruise line takes the position that someone else would have handled the matter promptly if Melinda had simply followed company procedure. Melinda is threatening to sue to obtain reimbursement. • Meanwhile, Steve, a member of the ship’s maintenance crew, on shore leave for a day, came back to the ship late, after drinking to excess. Before retiring for the night, Steve turned several wheels on the dry-dock’s wall, which resulted in a flooding of the tanks on one side of the dry-dock. The ship listed, slid off the blocks holding it up, then crashed against the dry-dock wall, ruining much of the dry-dock. The dry-dock owner is suing Duchess Cruise Lines, Inc., for reimbursement of the damages to the dry-dock. • Paul was hired by Duchess Cruise Lines, Inc. as an independent project manager to coordinate the dry-dock maintenance project. He was not an employee of Duchess Cruise Lines, Inc. and was not authorized to make any purchases or enter into any contracts on the cruise line’s behalf. All of his proposals were to be submitted to a management team for approval. After Steve caused the ship to slide off the blocks and crash into the dry-dock wall, Paul met on the site with a crane company owner, Al, telling Al that he was Duchess’ project manager and requesting a bid from Al’s company to move the ship to a new dry-dock facility for repair. At the time, Paul was wearing a Duchess Cruise Lines, Inc. jacket and directing various employees on the dock. Al provided a bid, Paul accepted it, and Paul signed a services contract with Al’s company, signing his name followed by the words, “Project Manager, Duchess Cruise Lines, Inc.” Duchess Cruise Lines, Inc. did not approve the hiring of Al’s company and refuses to pay Al’s company on the contract. Paul claims he has no personal liability because he was acting on Duchess’ behalf in an emergency. o What agency law issues does this scenario raise? o How should the courts decide these disputes? Why? o How could all of this have been handled to prevent some of these issues? o diss 2 A Sweet Business Idea (graded) Initial Text:Dan and Carla met as employees at a candy company and later married. Carla went on to study accounting and Dan earned a business degree. After working for various businesses and raising $10,000 to open their own business one day, Dan and Carla have settled on opening a business that makes custom centerpieces that look like floral arrangements but are made entirely of chocolates, marzipan, and other candy. They want to call their business “Edible Expressions,” and they have prepared a business plan. They are now faced with the decision of what form of business organization makes the most sense: a sole proprietorship, a partnership of some sort, or incorporating in some form. Dan and Carla both plan to do design work in the business, while hiring confectionery employees to prepare and assemble the company’s products. Carla will keep the books, and Dan will do the hiring. Carla and Dan are considering whether it makes more sense for them to co-own the business, or if one should be the owner and the other an employee. They anticipate hiring just one other employee in the beginning, and grow as demand requires. Carla’s brother and sister-in-law also want to invest in the business, but do not want to be involved in its operations. Dan and Carla also want to give their daughter, Alissa, age 12, some ownership in the business at some point. Dan and Carla want to establish their business with a minimum of paperwork and expense, but they also want to avoid high taxation of their business profits. They want to run the business jointly, without the need for a Board of Directors or other advisory group, though they don’t mind the idea of having an annual event to honor family members who have invested in their business. Consider the types of business organizations in this week’s reading (sole proprietorship, general partnership, limited partnership, LLP, and corporation, LLC). o What are the pros and cons of each as they apply to Dan and Carla’s business goals? o If Dan and Carla were operating in your state, what form of business organization appears most desirable? Why?\ BUSN 420 Week 1 Assignment • Case 4.2: Supremacy Clause on page 79 • Case 4.7: Equal Protection Clause on page 80 BUSN 420 Week 2 Assignment Case 5.2: Negligence on page 101 • Case 6.1: Strict Liability on page 117 BUSN 420 Week 3 Assignment Case 10.2: Agreement Case 9.2: Bilateral or Unilateral Contract BUSN 420 Week 4 Assignment Case 13.5 Innocent Misrepresentation Case 20.1 Cure BUSN 420 Week 6 Assignment Case 7.3 Dilution of a Trademark Case 23.7 Holder in Due Course BUSN 420 Week 7 Assignment CASE 29.1 Creation of an Agency CASE 37.1 Piercing the Corporate Veil BUSN 420 week 1 Assignment Prepare answers to the following chapter-end Critical Legal Thinking Cases from this week’s reading. • Case 4.2: Supremacy Clause on page 79 • Case 4.7: Equal Protection Clause on page 80 Your responses should be well-rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice. For full credit, you need to use the material from this week’s lectures, text, and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment. For each question, you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus). Each answer should be double-spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length. Submit this assignment as a single Word document covering both cases. Note: Please be sure you refer to the numbers that appear on the printed pages in your electronic readings, not the numbers that appear with the navigation icons. Be sure to submit your work to the Week 1: Assignment Dropbox. BUSN 420 Week 3 Assignment Prepare answers to the following chapter-end Critical Legal Thinking Cases from this week’s reading. • Case 9.2: Bilateral or Unilateral Contract on page 179 • Case 10.2: Agreement on page 194 Your responses should be well-rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice. For full credit, you need to use the material from the week’s lectures, text, and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment. For each question you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus). Each answer should be double-spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length. Submit this assignment as a single Word document covering both cases. Note: Please be sure you refer to the numbers that appear on the printed pages in your electronic readings, not the numbers that appear with the navigation icons. Be sure to submit your work to the Week 3: Assignment Dropbox. BUSN 420 Quizzes BUSN 420 Week 1 Quiz Question 1 5 out of 5 points The Sarbanes-Oxley Act of 2002 applies only to foreign public accounting firms that provide auditing services to “issuers.” Question 2 5 out of 5 points Yves is an accountant charged with negligence by Zesty Soup Company, a client. Yves may successfully defend against the claim if he can show that Question 3 5 out of 5 points Mona, an accountant, prepares for NuTech Corporation a financial statement that omits a material fact. The financial statement is included in NuTech’s registration statement, which Pam reads. Pam buys NuTech stock. Under Section 11 of the Securities Act of 1933, for Mona to be liable for the omission, Pam must show that Question 4 5 out of 5 points Professionals are obligated to adhere to standards of performance commonly accepted within their profession. Question 5 0 out of 5 points Generally, an attorney is not liable to a nonclient unless the attorney has committed fraud. Question 6 5 out of 5 points Filtration Products, Inc., files a suit against Emmett, its former accountant, alleging constructive fraud. Emmett may be held liable Question 7 5 out of 5 points A client’s negligence is never a defense to a charge of negligence against an accountant. Question 8 5 out of 5 points Rex, an accountant, enters into a contract to provide services to Sofi. Rex does not finish the work within the contract’s deadline. Sofi pays a penalty for the missed deadline and hires Trey to complete the job. Rex is most likely liable for Question 9 5 out of 5 points Tiny is an accountant. Tiny’s violation of generally accepted accounting principles and generally accepted auditing standards Question 10 5 out of 5 points Tony is an accountant whose clients include U-All Company. If Tony is negligent in his work for U-All, most courts would hold him liable to U-All and Question 11 5 out of 5 points Nina, an accountant, prepares for Omni Corporation a financial statement that misstates a material fact. The statement is included in Omni’s registration statement. Pete, who is in privity with Nina, and Quinn, who is not, each buy Omni stock. Under Section 11 of the Securities Act of 1933, Nina may be liable to Question 12 5 out of 5 points Gert, an accountant, contracts to conduct an audit for Hailey. In performing the audit, Gert fails to detect certain misconduct. Gert is most likely Selected Answer: Question 13 5 out of 5 points Generally, an accountant must exercise the degree of care that an ordinarily prudent accountant would exercise. Question 14 0 out of 5 points A professional can be liable for fraud whether or not he or she acted with fraudulent intent. Question 15 5 out of 5 points Traditionally, a professional owed no duty to those with whom the professional had a direct contractual relationship. Question 16 5 out of 5 points An accountant is not liable for an omission in a registration statement to a purchaser of securities if the omission had no causal connection to the purchaser’s loss. Question 17 5 out of 5 points Meri, an accountant, includes a false statement in a report for Novelty Paper Products, Inc. (NPPI) that is filed with the Securities and Exchange Commission. When Otho buys stock in NPPI and loses money on the investment, he files a suit against Meri, alleging fraud under the 1934 Securities Exchange Act. To avoid liability, Meri can show that she Question 18 5 out of 5 points Professionals can limit their liability to some extent by disclaiming it. Question 19 5 out of 5 points Hadley and Ilene are accountants who work together. Hadley and Ilene can limit their potential liability for each other’s misconduct by organizing their business as Question 20 5 out of 5 points Doug is an accountant whose clients include Everyday Products, Inc. (EPI). Under the Ultramares rule, if Doug is negligent in his work for EPI, he could be liable to Question 1 5 out of 5 points An accountant is required to discover every impropriety, defalcation, and fraud in a client’s books. Question 2 5 out of 5 points Yves is an accountant charged with negligence by Zesty Soup Company, a client. Yves may successfully defend against the claim if he can show that Question 3 5 out of 5 points Estes, an accountant, contracts to perform services for Frasier. In performing those services, Estes uncovers a suspicious financial transaction. Estes is most likely not liable if he Question 4 5 out of 5 points Bryce’s accountant is Caleb and his attorney is Delilah. All states protect, as privileged information, Bryce’s communications with Question 5 5 out of 5 points Lara, an accountant, conducts an audit of Microstuff, Inc. After the conclusion of the audit, the working papers created in preparing the audit must be Question 6 5 out of 5 points Gert, an accountant, contracts to conduct an audit for Hailey. In performing the audit, Gert fails to detect certain misconduct. Gert is most likely Question 7 5 out of 5 points Meri, an accountant, includes a false statement in a report for Novelty Paper Products, Inc. (NPPI) that is filed with the Securities and Exchange Commission. When Otho buys stock in NPPI and loses money on the investment, he files a suit against Meri, alleging fraud under the 1934 Securities Exchange Act. To avoid liability, Meri can show that she Question 8 5 out of 5 points Filtration Products, Inc., files a suit against Emmett, its former accountant, alleging constructive fraud. Emmett may be held liable Question 9 5 out of 5 points Professionals are obligated to adhere to standards of performance commonly accepted within their profession. Question 10 0 out of 5 points Beth is an accountant with Consumer Sales Corporation. Doral buys Consumer stock and loses money on the investment. To recover from Beth under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, Doral must prove Question 11 5 out of 5 points Traditionally, a professional owed no duty to those with whom the professional had a direct contractual relationship. Question 12 5 out of 5 points Tiny is an accountant. Tiny’s violation of generally accepted accounting principles and generally accepted auditing standards 0 out of 5 points Tony is an accountant whose clients include U-All Company. If Tony is negligent in his work for U-All, most courts would hold him liable to U-All and Question 14 5 out of 5 points Doug is an accountant whose clients include Everyday Products, Inc. (EPI). Under the Ultramares rule, if Doug is negligent in his work for EPI, he could be liable to Question 15 5 out of 5 points For a plaintiff to recover damages under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, privity is necessary. Question 16 5 out of 5 points Generally, an accountant must exercise the degree of care that an ordinarily prudent accountant would exercise. 17 0 out of 5 points Quibble Company’s liabilities exceed its assets. Quibble hires Roo& Slay, an accounting firm, to prepare a balance sheet. Through Roo&Slay’s negligent omissions, the sheet shows a net worth. Town Bank relies on the balance sheet to make a loan to Quibble. When Quibble defaults, Town files a suit against Roo& Slay. Under the Restatement rule, Roo& Slay is most likely Question 18 5 out of 5 points Rex, an accountant, enters into a contract to provide services to Sofi. Rex does not finish the work within the contract’s deadline. Sofi pays a penalty for the missed deadline and hires Trey to complete the job. Rex is most likely liable for Question 19 0 out of 5 points An accountant may be liable to anyone who acquires a security covered by a registration statement that contains a materially false statement. Question 20 5 out of 5 points Bruno is an accountant. Under the Sarbanes-Oxley Act of 2002, the degree of government oversight over the public accounting practices of Bruno and other accountants was BUSN 420 Week 2 Quiz Week 2 : Courts and Litigation, Negligence, Accountant Liability – Quiz 1. (TCO 1) Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of _____ (Points : 2) a blameless individual. a faultless ordinary person. a reliable professional. a reasonable physician. 2. (TCO 1) Ezra, an accountant, intentionally misstates a material fact to mislead Fruit Packing Industries, Inc., a client. Fruit Packing justifiably relies on the misstatement to its detriment. Ezra is most likely liable for _____ (Points : 2) actual fraud. constructive fraud. destructive fraud. virtual fraud. 3. (TCO 1) In newspaper ads, Lo-Price Autos falsely accuses My-T Value Vehicles, a competitor, of selling stolen cars. My-T’s sales decrease. Lo-Price has most likely committed _____ (Points : 2) slander of quality. slander of title. wrongful interference with a business relationship. None of the above 4. (TCO 1) Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury _____ (Points : 2) if Ike intended to push Joan. only if Ike did not intend to break Joan’s arm. only if Ike had a bad motive for pushing Joan. only if Ike intended to break Joan’s arm. 5. (TCO 1) Travis, an accountant, is subject to the accounting conventions, rules, and procedures that constitute generally accepted accounting principles (GAAP). GAAP are determined by _____ (Points : 2) state courts. the American Bar Association. the American Institute of Certified Public Accountants. the Financial Accounting Standards Board. 6. (TCO 3) Quality Products, Inc., files a suit against Retail Sales Corporation. Sid is a witness for quality. Tod is a witness for retail. Quality may direct interrogatories to _____ (Points : 2) retail only. retail, Sid, or Tod. Sid only. Sid or Tod only. 7. (TCO 3) Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has _____ (Points : 2) federal question jurisdiction. inpersonam jurisdiction. in rem jurisdiction. no jurisdiction. 8. (TCO 3) In Fancy Frills Corporation’s suit against Glamour Stores, Inc., the jury returns a verdict in Fancy’s favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for _____ (Points : 2) a judgment in accordance with the verdict. a judgment on the pleadings. a new trial. judgmentn.o.v. 9. (TCO 3) The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This _____ (Points : 2) is a decision on the merits with value as a precedent. indicates agreement with the Idaho court’s decision. means nothing. means that the Idaho court’s decision is the law in Idaho. 10. (TCO 3) Lynn files a suit against Karl. Karl denies Lynn’s charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is _____ (Points : 2) a counterclaim. acrossclaim. an affirmative defense. an irrelevant response. BUSN 420 Week 3 Quiz Grade Details – All Questions Question 1. Question : (TCO 1) Travis, an accountant, is subject to the accounting conventions, rules, and procedures that constitute generally accepted accounting principles (GAAP). GAAP are determined by _____ state courts. the American Bar Association. the American Institute of Certified Public Accountants. the Financial Accounting Standards Board. Question 2. Question : (TCO 1) Yvon, an accountant, is charged with negligence by Zesty Sauce, Inc., a client. Yvon may successfully defend against the claim if she can show that _____ scienter was lacking. she complied with all generally accepted accounting principles. the negligence was not the proximate cause of the client’s losses. the negligence was only contributory. Question 3. Question : (TCO 1) Pluto accuses Quark, an accountant, of committing defalcation. This is _____ embezzlement. general misconduct. professional negligence. throwing something out of a window. Question 4. Question : (TCO 1) Gert, an accountant, contracts to conduct an audit for Hailey. In performing the audit, Gert fails to detect certain misconduct. Gert is most likely _____ liable if a normal audit would have revealed the misconduct. liable if Gert issues a specifically qualified opinion. not liable if Gert generally disclaims any liability. not liable if the misconduct was due to Hailey’s negligence. Question 5. Question : (TCO 1) Estes, an accountant, contracts to perform services for Frasier. In performing those services, Estes uncovers a suspicious financial transaction. Estes is most likely not liable if he _____ acted negligently in failing to discover the transaction sooner. conceals the discovery and otherwise finishes the work. investigates and reports the discovery to Frasier. obtains restitution from the perpetrator without Frasier’s knowledge. Question 6. Question : (TCO 3) Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include _____ an explanation to refute any defense the defendant might assert. a motion for summary judgment. a motion to dismiss. a statement of the facts necessary to show Ula is entitled to relief. Question 7. Question : (TCO 3) The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This _____ is a decision on the merits with value as a precedent. indicates agreement with the Idaho court’s decision. means nothing. means that the Idaho court’s decision is the law in Idaho. Question 8. Question : (TCO 3) Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has _____ federal question jurisdiction. inpersonam jurisdiction. in rem jurisdiction. no jurisdiction. Question 9. Question : (TCO 3) In Fancy Frills Corporation’s suit against Glamour Stores, Inc., the jury returns a verdict in Fancy’s favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for _____ a judgment in accordance with the verdict. a judgment on the pleadings. a new trial. judgment n.o.v. Question 10. Question : (TCO 3) To prepare for a trial between Large Lots Development Corporation (LLDC) and Mini Mansion Construction Company (MMCC), MMCC’s attorney places LLDC’s president under oath. A court reporter makes a record of the attorney’s questions and the officer’s answers. This is _____ a cross-examination. a deposition. an imposition. an interrogatory. BUSN 420 Week 4 Quiz Courts and Alternative Dispute Resolution 1. Moby, a resident of New Jersey, has an accident with Ogden, a resident of New York, while driving through that state. Ogden files a suit against Moby in New York. Regarding Moby, New York has a. federal question jurisdiction. b. inpersonam jurisdiction. c. in rem jurisdiction. d. no jurisdiction. 2. Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has a. federal question jurisdiction. b. inpersonam jurisdiction. c. in rem jurisdiction. d. no jurisdiction. 3. Marbled Granite Company files a suit against Natural Stone, Inc., in a Colorado court with gen¬eral jurisdiction. In a Delaware court with limited jurisdiction, E-Sales Corporation files a suit against First State Bank.The differ¬ence between general and limited ju¬risdiction is a. the subject matter of the cases that the courts can decide. b. whether a case is being heard for the first time. c. whether a suit is filed against a single individual or many people. d. whether a suit is filed by a citizen or by a business. 4. Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for a. any court to exercise in rem jurisdiction. b. a federal district court to exercise original jurisdiction. c. a U.S. court of appeals to exercise appellate jurisdiction. d. the United States Supreme Court to issue a writ of certiorari. 5. Jo files a suit against Lara in a Missouri state court. Lara’s only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has a. a commercial cyber presence in Missouri. b. conducted substantial business with Missouri residents. c. general maximum contact with Missouri. d. solicited virtual business in Missouri. 6. Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio a. has a sufficient stake in the matter. b. has jurisdiction. c. has sufficient minimum contacts with the parties. d. is a more convenient location to hold the trial. 7. Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against the company, alleging that its products are defective. The firm’s best ground for dis¬missal of the suit is that Jack does not have a. certiorari. b. jurisdiction. c. standing. d. sufficient minimum contacts. 8. Sam, a citizen of Tennessee, files a suit in a Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that a. the case is being heard for the first time. b. the court does not have concurrent jurisdiction. c. the court has standing. d. the court has venue. 9. Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to a. a U.S. district court. b. the Minnesota Supreme Court. c. the United States Supreme Court. d. the U.S. Court of Appeals for the Eighth Circuit. 10. The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This a. is a decision on the merits with value as a precedent. b. indicates agreement with the Idaho court’s decision. c. means nothing. d. means that the Idaho court’s decision is the law in Idaho. 11. Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include a. an explanation of the proof to be offered at trial. b. a motion for judgment n.o.v. c. a motion for judgment on the pleadings. d. a statement of the grounds for the court to exercise jurisdiction. BUSN 420 Week 5 Quiz Week 5 : UCC Sale of Goods and Administrative Law – Quiz 1. (TCO 5) Chas and Dodie sign a contract for a sale of goods. Chas is to set the price for the goods at the time of delivery, but on delivery, refuses to do so. Dody may only (Points : 2) fix a reasonable price. fix a reasonable price or treat the contract as canceled. treat the contract as canceled. wait for Chas to set the price. 2. (TCO 5) Bild-Rite, Inc., is a Colorado-based firm that does business with clients throughout North America. Bild-Rite oversees construction projects, and buys and sells commercial buildings, undeveloped land, and construction supplies and other goods. Bild-Rite has had to deal with work-site theft and vandalism. With respect to these circumstances, the Uniform Commercial Code (UCC) provides a framework for (Points : 2) commercial transactions for the sale of and payment for goods. international construction contracts. domestic and foreign transactions in real estate. prosecuting crimes against business interests. 3. (TCO 5) Nero and Oona negotiate a contract. Nero prints out a hard copy to review before both parties sign the electronic form of the contract. Neither party signs the hard copy. Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the signatures can (Points : 2) be denied effect because they are in electronic form. be denied effect because Nero has not signed a hard copy. be denied effect because Oona has not signed a hard copy. not be denied effect because they are in electronic form. 4. (TCO 5) Timmy purchased a car from his local dealership, SparklerCars. However, since the car was not available in the color that Timmy favored, the sales contract stipulated that Timmy could immediately pick up the car from a nearby warehouse it was housed in. The warehouse was owned by Mr. Putins. Timmy received the document of title for the car upon payment and presented it to Mr. Putins around a week later. But Mr. Putins informed Timmy that the car was damaged during a fire in the warehouse. What role does Mr. Putins fulfill in the contract? (Points : 2) The seller The consignee The bailee The supplier 5. (TCO 5) Gail enters into a contract with Hi-Price Appliances, Inc. In a suit between the parties over payment under the contract, Gail claims that a certain clause is unconscionable. If the court agrees, it may (Points : 2) refuse to enforce the contract, enforce the contract without the disputed clause, or limit the application of the disputed clause. enforce the contract without the disputed clause only. limit the application of the disputed clause only. refuse to enforce the entire contract only. 6. (TCO 6) After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM’s interpretation of (Points : 2) the facts and the law. the agency’s authority. procedural requirements. the Constitution. 7. (TCO 6) Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is (Points : 2) an actual controversy at issue. standing to sue. the exhaustion doctrine. the ripeness doctrine. 8. (TCO 6) Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision (Points : 2) changed the agency’s prior policy without justification. followed a consideration of all relevant factors. was accompanied by a rational explanation. was plainly warranted by the evidence. 9. (TCO 5) High sues the manufacturer, wholesaler, and retailer for bodily injuries caused by a power saw High purchased. Which of the following statements is correct under strict liability theory? (Points : 2) Contributory negligence on High’s part will always be a bar to recovery. The manufacturer will avoid liability if it can show it followed the custom of the industry. Privity will be a bar to recovery insofar as the wholesaler is concerned if the wholesaler did not have a reasonable opportunity to inspect. High may recover even if he cannot show any negligence was involved. 10. (TCO 5) EG Door Co., a manufacturer of custom exterior doors, verbally contracted with Art Contractors to design and build a $2,000 custom door for a house that Art was restoring. After EG had completed substantial work on the door, Art advised EG that the house had been destroyed by fire and Art was canceling the contract. EG finished the door and shipped it to Art. Art refused to accept delivery. Art contends that the contract cannot be enforced because it violated the Statute of Frauds by not being in writing. Under the Sales Article of the UCC, is Art’s contention correct? (Points : 2) Yes, because the contract was not in writing. Yes, because the contract cannot be fully performed due to the fire. No, because the goods were specially manufactured for Art and cannot be resold in EG’s regular course of business. No, because the cancellation of the contract was not made in writing. BUSN 420 Week 6 Quiz Week 6 : Intellectual Property and Cyberlaw– Quiz 1. (TCO 7) Diamond Financial Planners employs Ella, who is the firm’s most productive performer. Ella, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. She takes her list of Diamond clients to induce them to switch to Feldstar. Trade secrets law covers _____. (Points : 2) Diamond’s list of clients. Ella’s performance. Feldstar’s commission structure. None of the above 2. (TCO 7) Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug’s copyright must be recognized by _____. (Points : 2) all of the signatories of the Berne Convention. Canada and the United States only. Canada only. none of the signatories of the Berne Convention. 3. (TCO 7) Mace copies Nick’s book, Off the Beaten Path, in its entirety and sells it to Parkland Books, Inc., without Nick’s permission. Parkland publishes it under Mace’s name. This is _____. (Points : 2) copyright infringement fair use licensing protected expression 4. (TCO 7) RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade’s permission. Steel’s conduct is actionable provided (Points : 2) consumers are confused. Steel’s conduct is intentional. Steel’s conduct reduces the value of RiteMade’s design. RiteMade’s design is patented. 5. (TCO 8) Travis sends Una a link to a purported e-birthday card that when clicked on downloads software to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal information and access her financial resources. This is _____. (Points : 2) identity theft birthday bashing regifting Windows shopping 6. (TCO 8) Rossi uses cyber tools to steal the personal information of unsuspecting consumers online. Like other cyber thieves, Rossi is most likely to _____ (Points : 2) sell the data to other thieves online. use the data to make purchases online. use the data in retail outlets in the “real” world. sell the data on a street corner in the “real” world. 7. (TCO 8) Gladstone regularly sends unsolicited commercial e-mail to hundreds of millions of recipients. This e-mail is prohibited or regulated in _____. (Points : 2) most states only a few states no state California only 8. (TCO 8) Michelle gives out a business card with an e-mail address on it. According to the comments that accompany the UETA, it may be reasonable to infer that Michelle has consented to (Points : 2) transact business electronically. submit to the jurisdiction of any selected forum. accept and respond to any correspondence sent to that address. nothing. 9. (TCO 8) Houseofcards Finance, Inc., files a financing statement regarding a transaction with Biskuit Company. A valid, enforceable financing statement must contain all of the following, except _____ (Points : 2) a description of the collateral. a statement of the purpose of the transaction. the name of the debtor. the name of the secured party. 10. (TCO 8) Drew bought a computer for personal use from Hale Corp. for $3,000. Drew paid $2,000 in cash and signed a security agreement for the balance. Hale properly filed the security agreement. Drew defaulted in paying the balance of the purchase price. Hale asked Drew to pay the balance. When Drew refused, Hale peacefully repossessed the computer. Under the UCC Secured Transactions Article, which of the following remedies will Hale have? (Points : 2) Obtain a deficiency judgment against Drew for the amount owed. Sell the computer and retain any surplus over the amount owed. Retain the computer over Drew’s objection. Sell the computer without notifying Drew. BUSN 420 Final Exam Set 1 T Week 8 : Final Exam – Final Exam 1. (TCO 1) Your company owns a piece of land and is in the middle of purchasing this property to expand their footprint in the community. At the last minute, the seller has backed out of the deal, leaving you with few options. Your supervisor wants to explore the options for remedies in this case. 2. (TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state companies doing business in the state than it imposes on in-state companies. The reason behind the legislature’s enactment of this law is to protect the local firms from out-of-state competition because they are losing local business, which is affecting the state’s economy. Is this law legal, or is it a violation of equal protection for a state to impose? What legal standards could the court apply in evaluating the constitutionality of a law and which would apply in this instance? Explain. (Points : 20) 3. (TCO 3) Jane lives in Florida and owns a small fresh fruit market. Robert lives in Georgia on a peach farm. For years, Jane and Robert have worked together; Jane buying peaches from Robert and Robert selling peaches to Jane for resale. Jane travels across the border to Georgia to buy her peaches because she knows that Robert has the best peaches in Georgia and her customers love them and come from miles to buy them 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car? (Points : 20) 5. (TCO 5) Joe makes an offer to sell an order of produce to Bud for $550. It is a great deal and Bud jumps at the chance to accept Joe’s offer. Before Bud can get the money together, Joe sells the produce to Sal because he needs the money right away for a down payment on a tractor. Is the contract between Joe and Bud enforceable under the UCC? If Joe and Bud have an e-mail exchange that documents their agreement, does this change your answer? Why or why not? (Points : 20) Yes because Under Article 2 of the UCC, a contract is usually enforceable even if the terms is omitted the price. Also, an enforceable agreement involving the transfer of title of goods from a seller to a buyer for a price is a sale. 6. (TCO 6) Explain the function and purpose of an administrative agency. At what level of government do we find agencies, and how and by whom or what are they empowered to do what they do? (Points : 20) 7. (TCO 7) SoftWorld Products, Inc. develops, patents, and markets a new software program that is expected to the Internet market by storm. Seeing the potential of SoftWorld Products, Inc.’s new system, Global Gurus, LLC, proceeds to sell SoftWorld Products, Inc.’s program without its permission. Does this practice constitute patent infringement? If so, what steps could SoftWorld Products, Inc. take to save itself the financial burden of suing Global Gurus, LLC for patent infringement and that would simultaneously enable to profit from the sales being made by Global Gurus, LLC? (Points : 20) 8. (TCO 8) Your Company, Inc. wants to do business with My Company, LLC. Because our companies are both savvy, they would like to conduct their business online. What determines the effect (or lack thereof) of the electronic documents evidencing the parties’ deal according to the Uniform Electronic Transactions Act (UETA)? Is a “signature” from one of the company’s a necessary part of the deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support your position.(Points : 20) 9. (TCO 9) Agency law plays a big part in corporate responsibility (and liability). Differentiate between an employee and an independent contractor. What is the difference and what are the key factors that must be considered in determining one’s status as an employee or independent contractor? Once status is determined, what affect will it have on the responsibilities of the agent? The principal? Is one status better than another? Why? Explain your answers using a representative example involving a principal, an agent, and a situation that would call the agent’s status into question. (Points : 20) 10. (TCO 10) What are the main features of a traditional corporation? What are the main features of a Limited Liability Company? What are the similarities and differences we can look to when trying to determine which entity will best suit our needs in a given situation? In the context of entity selection, discuss the main features of these two entities and compare the liability that a corporation would be exposed to as it relates to shareholders/owners of a corporation as opposed to the members of a limited liability company (LLC). Would your choice change if the situation involved an act of fraud? Why or why not? (Points : 20) 1. (TCO 5) An appliance seller promised a restaurant owner that a home dishwasher would fulfill the dishwashing requirements of a large restaurant. The dishwasher was purchased but it was not powerful enough for the restaurant. Under the Sales Article of the UCC, what warranty was violated? (Points : 10) The implied warranty of marketability. The implied warranty of merchantability. The express warranty that the goods conform to the seller’s promise. The express warranty against infringement. 2. (TCO 5) EG Door Co., a manufacturer of custom exterior doors, verbally contracted with Art Contractors to design and build a $2,000 custom door for a house that Art was restoring. After EG had completed substantial work on the door, Art advised EG that the house had been destroyed by fire and Art was canceling the contract. EG finished the door and shipped it to Art. Art refused to accept delivery. Art contends that the contract cannot be enforced because it violated the Statute of Frauds by not being in writing. Under the Sales Article of the UCC, is Art’s contention correct? (Points : 10) Yes, because the contract was not in writing. Yes, because the contract cannot be fully performed due to the fire. No, because the goods were specially manufactured for Art and cannot be resold in EG’s regular course of business. No, because the cancellation of the contract was not made in writing. 3. (TCO 5) High sues the manufacturer, wholesaler, and retailer for bodily injuries caused by a power saw High purchased. Which of the following statements is correct under strict liability theory? (Points : 10) Contributory negligence on High’s part will always be a bar to recovery. The manufacturer will avoid liability if it can show it followed the custom of the industry. Privity will be a bar to recovery insofar as the wholesaler is concerned if the wholesaler did not have a reasonable opportunity to inspect. High may recover even if he cannot show any negligence was involved. 4. (TCO 8) Second Best Buy, Inc., is a retailer of small appliances. Second Best Buy gives Chase Financial Corporation a security interest in the inventory owned by Second Best Buy, Inc. Chase files a financing statement to perfect its interest. Who has higher priority in the collateral than Chase? (Points : 10) The stockholders of Second Best Buy. A buyer in the ordinary course of Second Best Buy’s business. A subsequent lien creditor. A subsequent trustee in bankruptcy. 5. (TCO 8) Mars, Inc. manufactures and sells VCRs on credit directly to wholesalers, retailers, and consumers. Mars can perfect its security interest in the VCRs it sells without having to file a financing statement or take possession of the VCRs if the sale is made to _____ (Points : 10) retailers. wholesalers that sell to distributors for resale. consumers. wholesalers that sell to buyers in the ordinary course of business. BUSN 420 Final Exam Set 2 Short Essays 1.(TCO 1) Your company 2 The state of Delmarva 3.Jane lives in florida 4.Sandy mails a letter 5.what is the uniform 6.Explain the function 7.Smart Corporation 8.Your company 9.Agency law 10.Tim and Tom are twins Page 2 5MCQs BUSN 420 Final Exam Set 3 BUSN 420 Week 8 Final Exam Answers Question 1. 1. (TCO 1) As an assistant in the legal department of a major corporation, your supervisor has asked you to do some research on how various laws may be applied in an upcoming case. Your department needs to coordinate with outside counsel and wants to be up to speed on how the law works. Explain the sources of law in the American legal system. Is our civil law system more or less advantageous than the common law system? Why is it important to understand all sources of law and where to find them? Explain your answer with examples in a business context. (Points : 25) Question 2. 2. (TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state companies doing business in the state than it imposes on in-state companies. The reason behind the legislature’s enactment of this law is to protect the local firms from out-of-state competition because they are losing local business, which is affecting the state’s economy. Is this law legal, or is it a violation of equal protection for a state to impose? What legal standards could the court apply in evaluating the constitutionality of a law and which would apply in this instance? Explain. (Points : 25) Question 3. 3. (TCO 3) Create a brief scenario and walk it through the litigation process, beginning with how to select the proper jurisdiction of a court, and progressing through the basic steps leading to a resolution of the dispute through appeal. (Points : 25) Question 4. 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car? (Points : 25) Question 5. 5. (TCO 5) There are several distinctions in contract law between the UCC and common law as it relates to certain principles. As it relates to modification of a contract, how is the UCC’s treatment of this subject different from that of common law? What are the important factors to be considered? Provide an example that demonstrates the difference. (Points : 25) Page 2 Question 1. 1. (TCO 6) Explain your understanding of administrative law. How would you classify administrative law from a categorical standpoint as it fits in the context of other areas of law and what procedures are involved in the administrative process as it pertains to an agency’s function and purpose? (Points : 25) Question 2. 2. (TCO 7) Smart Corporation began marketing phone in 2002 under the mark “Smart.” In 2008, Smart.com, Inc., a different company selling different products, such as school supplies and the like, begins using “smart” as part of its website URL and registers “sMART” as its domain name. Can Smart Corporation stop this use of “sMART”? If so, what must the company show? Use the scenario given to explain your answer in this context. (Points : 25) Question 3. 3. (TCO 8) Your Company, Inc. wants to do business with My Company, LLC. Because our companies are both savvy, they would like to conduct their business online. What determines the effect (or lack thereof) of the electronic documents evidencing the parties’ deal according to the Uniform Electronic Transactions Act (UETA)? Is a “signature” from one of the company’s a necessary part of the deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support your position. (Points : 25) Question 4. 4. (TCO 9) Agency law plays a big part in corporate responsibility (and liability). Differentiate between an employee and an independent contractor. What is the difference and what are the key factors that must be considered in determining one’s status as an employee or independent contractor? Once status is determined, what affect will it have on the responsibilities of the agent? The principal? Is one status better than another? Why? Explain your answers using a representative example involving a principal, an agent, and a situation that would call the agent’s status into question. (Points : 25) Question 5. 5. (TCO 10) Tim and Tom are twins. They live and work near the beach and are also partners in TnT, Inc., a bicycle messenger service. When deliveries are few, especially in the summer, Tom without telling Tim, rents the extra bicycles to tourists who want to explore the resort area. Because the bicycles aren’t being used for deliveries, is it acceptable for Tom to keep the proceeds he receives from renting leasing the unused bicycles? Explain your answer based on the facts in the scenario in the context of partnership law. (Points : 25)

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busn420 full course latest all discussions ,assignments ,quizzes and final Click Link Below To Buy: https://hwaid.com/shop/busn420-full-course-latest-all-discussions-assignments-quizzes-and-final/ Contact Us: [email protected] busn420 full course latest all discussions ,assignments ,quizzes and final BUSN 420 Quiz 1 BUSN 420 Quiz 2 BUSN 420 Quiz 3 BUSN 420 Quiz 4 BUSN 420 Quiz 5 BUSN 420 Quiz 6 BUSN 420 week 1 Assignment BUSN 420 week 2 Assignment BUSN 420 week 3 Assignment BUSN 420 week 4 Assignment BUSN 420 week 5 Assignment BUSN 420 week 6 Assignment BUSN 420 week 7 Assignment BUSN 420 Week 1 Discussions BUSN 420 Week 2 Discussions BUSN 420 Week 3 Discussions BUSN 420 Week 4 Discussions BUSN 420 Week 5 Discussions BUSN 420 Week 6 Discussions BUSN 420 Week 7 Discussions BUSN 420 Week 8 Final Exam Law Set 1 BUSN 420 Week 8 Final Exam Law Set 2 BUSN 420 Week 8 Final Exam Law Set 3 Busn 420 week 1 -7 Discussions Week 1 Discussions May I Call You? (graded) Congress enacted a restriction on telemarketing, known as the National Do-Not-Call list, which made it illegal for telemarketers to place unsolicited commercial calls to consumers. A consumer may register up to three residential phone numbers for the list. The Act does not prohibit calls from political campaigns and others seeking support for political candidates, nor calls from certain charities seeking donations. The Act provides for significant financial penalties imposed by the Federal Communications Commission on any telemarketer or company that violates the law. Some telemarketer organizations claim that the law is unconstitutional. Congress also enacted the CAN SPAM Act, prohibiting certain kinds of spam e-mail nationwide. The CAN SPAM Act also states that, “This act supersedes any statute, regulation or rule of a state that expressly regulates the use of electronic mail to send commercial messages, except to the extent that the state rule prohibits deception in any portion of a commercial electronic mail message or information attached thereto.” Subsequently, California enacted a new anti-SPAM law that applies to spam e-mail either sent from a server in California or sent to a California e-mail address. What constitutional law issues do these statutes raise, and who should prevail? How, specifically, should the courts resolve these constitutional issues according to the current state of the law? What substantial government interest is Congress attempting to protect with the National DNC List? Where is that found in U.S. Constitution? What other strategies could the government employ to reach the same result? diss 2 A Sobering Lawsuit (graded) Fun Products, Inc. is in the business of designing computer games. At the end of a particularly successful year, company management decided to throw a celebration party at which it would announce large bonuses for the entire workforce. The party was held in the banquet room of a localhotel, owned by the Milton Hotel chain, and was catered by the hotel, including an open bar for all guests. Employees were also invited to bring a spouse or significant other. A good time was had by all, but too much fun was had by a few, including Larry Lush, and his wife, Linda. Larry and Linda had attended other company functions at which alcohol was served, and had a reputation for drinking a bit too much. The company offered a free taxi ride home to any employee who had a bit too much to drink, but Larry and Linda declined the free cab ride, and attempted to drive home in their own car. En route, Larry, who was driving, struck another vehicle, injuring Veronica, the driver of that car. Larry has limited assets, and his insurance had just expired, as well as his driver’s license. Veronica wants to sue Fun Products, Inc. and the Milton Hotel chain for her injuries, which include medical bills, lost wages, property repair costs (her car), and pain and suffering. She also wants to obtain a court order prohibiting Fun Products, Inc. from ever serving alcohol at a company function again. Without trying to decide who will win if Veronica sues Fun Products, Inc. and the Milton Hotel chain, analyze the following. Who are the parties to this lawsuit, and what are they called (trial level and appeal level)? What types of law will Veronica’s lawsuit involve? What type of remedies is she seeking, and are these remedies (or some of them) appropriate to this type of case? What legal sources will the court consider in deciding if Fun Products, Inc. and the Milton Hotel chain (or either of them) are liable for Veronica’s injuries? What types of liability does Larry face as a result of this scenario? What burden of proof will apply? What issues in this dispute would a jury decide (if the case went to trial), and what issues would a judge decide? What if the person(s) with liability here doesn’t have the money to pay Veronica’s damages? Week 2 Discussions Wendy Wanderer (graded) Derek Dirt operates a home-based business selling herbs and supplements. He frequently receives new samples and is constantly discarding unwanted samples, as well as packaging, old files, and other junk on a back yard trash heap that accumulates between trash pick-ups. Little Wendy Wanderer, age five, who lives next door, sees what, to her, promises to be a nice toy among Derek’s trash. Upon coming closer to the trash heap, Wendy is bitten by a rat. She screams and then faints. Her nearby mother calls an ambulance, which, on the way to the scene, jumps a curb and strikes Paul Pedestrian, seriously injuring him. Wendy requires a series of rabies shots. Except for some bad dreams, Wendy apparently recovers. Derek and Wendy are both citizens and residents of Ohio. Paul, who is a citizen and resident of Texas, was visiting friends in Ohio when the ambulance struck him. • Does Wendy have a solid basis for suing Derek for her injuries? • Who might be liable to Paul Pedestrian? • What types of damages could Wendy recover? • If Wendy sues Derek, in what state(s) could she sue, and in what court (federal or state) could she properly file the suit? • If Paul sues Derek, in what state(s) could he sue, and in what court (federal or state) could he properly file the suit? diss 2 Bad Bar-B-Q (graded) Over many years, Jake and Jo Bob built up a barbeque ribs business, Hambones, Inc., which caters picnics and parties and sells ribs and corn at county fairs. They have several creditors, including Sauce Supply and First State Bank. Two years ago, in reliance on an audit of the company’s books prepared by Hambones, Inc.’s accounting firm, Able & Henderson, First State Bank made a loan to Hambones, Inc. It now appears that the audit failed to disclose financial improprieties in Hambones, Inc.’s maintenance of its books: Certain liabilities were being carried off the books, causing Hambones, Inc.’s bottom line to appear more favorable than it really was. The decision to carry the liabilities off the books was made by Jake and Jo Bob, but there is now an argument as to whether a more careful audit would have uncovered the liabilities. Jake told the accounting firm that the audit was being done at the bank’s request in order for the loan to be approved, and that it was really important that the company receive a clean bill of health from the audit. Able & Henderson didn’t want to lose Hambones, Inc. as a client. Sauce Supply also knew that Hambones, Inc. had been audited and heard from Jake and Jo Bob that the auditors were very satisfied with Hambones, Inc.’s financial position. Jake gave Sauce Supply’s president, Sandy Saucy, a copy of the audit report. Able & Henderson had no knowledge of these statements, or that Sauce Supply had received a copy of the audit report. • What standard of care applies to Able & Henderson’s accounting work for Hambones, Inc.? • Does Able & Henderson face any negligence liability to First State Bank or Sauce Supply in a state that has adopted the Ultramares rule? • In a state that has adopted the Restatement rule? • In a state that has adopted the Reasonably Foreseeable User rule? • Week 3 Discussions Fine Dining (graded) You enter an expensive restaurant and are seated by the hostess. A waiter brings you plates, knives, forks, napkins, and other set-ups for dinner, including bread and butter and ice water, all of which you partly consume. When you read the menu, you realize that the prices far exceed what you can afford. You then make it clear that you do not intend to order a meal. • What type of contract (obligation) do you have, if any? • What factors and contractual elements will you consider in assessing whether a contract was formed? • What if, instead, you read the menu and place an order, but say nothing about agreement to pay. Is there a contract? Also, assume there is fine print at the bottom of the menu that states: 20% gratuity charged. $20.00 cover charge per table. • If you ordered dinner but didn’t see the fine print, what is the effect? • Does this change in the facts alter your conclusion regarding the scenario above? Why or why not? • What key factors and elements are at play? This section lists options that can be used to view responses. diss 2 Distant Deal Making (graded) Maria, who lives in Seattle, sent Koji a letter via first class mail, stating, “Koji, I think your 2003 Ford SUV is worth $20,000. I will give you $20,000 cash for it.” Koji receives the letter, but believes his car isn’t worth more than $14,000 due to the manner in which he drives the vehicle and due to the weather in Florida where he resides. Maria’s letter was mailed on Monday. When she didn’t hear from Koji by Wednesday, she sent an e-mail on Wednesday afternoon with the same message, and asked whether he received her letter. Koji received Maria’s letter on Wednesday, but did not receive the e-mail until Friday afternoon, due to server problems. In the meantime, Koji sent a fax late on Friday stating, “Are you sure you still want to buy my car for $20,000? I accept your offer.” On Saturday, after some research, Maria decided the Ford SUV was not worth what she thought. To make certain Koji would know this fact, she sent Koji a letter via Federal Express stating, “Your SUV is not really worth $20,000.” On Monday morning, Koji received the Federal Express letter from Maria. Also on Monday morning, an hour later, Maria received Koji’s fax at work. • Has a contract been formed here? Why or why not? • Identify and explain the stages of contract formation as they occurred in this scenario and analyze them in this context from a contract formation standpoint. Week 4 Discussions Dream House (graded) • In a contract dated June 15, 2006, Bobby agrees to build your dream house on a lot you own near Naples, Florida. The contract price is $500,000. The house is to be completed and ready for occupancy by March 1, 2007. Bobby is paid a progress payment of $100,000, for labor and materials, in October, 2006. In November, 2006, a hurricane strikes the Naples area and floods the work site. Bobby claims he had completed 50% of the job before the hurricane struck. Thereafter, Bobby performs no further work and walks off the job. • On January 1, 2007, you declare Bobby to be in breach of contract and sign a contract with Sheila to complete the job for $350,000. o Was your contract with Bobby a unilateral or bilateral contract; if unilateral, at what time did Bobby substantially undertake performance? o What remedies and/or damages are available to you and to Bobby? o Since Sheila’s cost to complete the house is more than half the cost, who sees a loss from the hurricane? diss 2\ Nightmare House (graded) • After months of combing the real estate ads for a vacation property, you find an ad for a lovely Victorian cottage in a scenic small town about three hours away. After viewing the house, you decide it is the perfect weekend place; and amazingly, the price is in your budget. In fact, you’re amazed that the house is so affordable and has been on the market for a while. You sign a real estate purchase contract to buy the house from the current owners, who have lived there for over 20 years. You make the sale contingent upon an inspection of the property by a licensed construction engineer. The engineer inspects the house over the course of two days and gives the house a clean bill of health. You proceed to closing, and buy the house. • After moving in, you learn for the first time from the neighbors that many actively claim this house is possessed by poltergeists, which the prior residents of the house had reportedly seen. In fact, the house is listed in a national guide to haunted houses, and had previously been included in a walking tour of the town as the haunted house. A newspaper article once described it as a charming Victorian (with ghost). You now jump at every creak and noise the house makes. You want the seller of the house to take it back for failing to inform you that the house is haunted. o Do you have a good basis for rescinding the sale? o What duties will you claim were owed to you by the seller? o What responsibilities did you have as a buyer that may affect your ability to recover? o What damages can you claim stem from the alleged failure to disclose by the seller? o Week 5 Discussions Battle of the Forms (graded) Initial Text:Nellie Nimble, purchasing manager for Fast Color Paint Company, mailed a purchase order to AB Can Corporation for 100,000 cans of high-gloss white paint at $15 per gallon wholesale. The order form mailed by Nellie contained 17 printed conditions on its reverse side. The third condition stated: “Buyer may reject any defective goods within 30 days of delivery.” The order form also stated that payment would be made as follows: 50% upon receipt of the goods, and 50% within 30 days of the receipt of goods. AB Can (the seller) sent a signed letter confirming the order, but the letter stated: “Any objection to goods shipped must be in writing within five (5) days of receipt of goods.” AB Can’s letter specified the same payment schedule as Fast Color’s purchase order, but stated, in addition, “Interest at the rate of 12% per year will be charged on late payments.” Fast Color’s purchase order said nothing about interest on late payments. AB Can delivered the cans (100,000) and Fast Color sought to object to 10,000 of the cans as defective on the seventh day after receipt of the cans. Fast Color paid 50% of the order’s purchase price upon delivery but paid the balance (minus the 10,000 cans it rejected) 40 days after delivery. • Did Fast Color have the right to reject 10,000 cans, seven days after delivery? • Does Fast Color owe interest on the portion of its payment that was not paid within 30 days of receipt of the paint order? • Did the provision for interest on late payments materially alter the contract? • What terms in AB Can’s purchase confirmation are additional terms, not mentioned at all in Fast Color’s order? (Explain your rationale, and also state whether you believe the outcome is fair.) \ diss 2 Want to Lose Weight? (graded) Initial Text:You’ve been hired as the marketing manager for a company that sells weight loss products to the public. The Federal Trade Commission (FTC) recently brought an enforcement action against the company for violating the FTC Act’s prohibition of unfair and deceptive trade practices, based on some of the company’s advertising. The company wants to challenge the FTC’s ruling by appealing to the courts. The FTC’s ruling was based on the company’s ads for herbal teas (claiming they block absorption of fat and will lead to substantial weight loss) and the company’s ad for a popular supplement (claiming they will result in the loss of two pounds or more each week without dieting or exercising). • What is the basis of the FTC’s power to regulate ads for diet products? What standards has the FTC established to determine if a diet product claim is unfair and deceptive? • If the company tries to challenge the FTC’s ruling by appealing to a court, what test will the appellate court use to determine if the FTC’s ruling was justified? How do you think the court should decide this case? • If the company wants to comply with the FTC’s regulations on diet product claims, what language would it need to change in the ads mentioned above? Week 6 Discussions TraderRon.com (graded) Initial Text:Dana and Ronnie operate a Web-based business, TraderRon.com, an Internet swap site that uses a Dutch auction system pioneered by Priceline.com. TraderRon.com allows customers to make offers to other customers to swap such items as their unused frequent flyer miles for other customers’ unwanted merchandise, including DVDs, music CDs, used books, and any other merchandise customers might want to trade. No sales involving payment of money are made on the site. Some of the merchandise that has been offered on the site and swapped consists of bootleg or pirated merchandise, as well as designer knockoffs. All of TraderRon.com’s income derives from advertising. TraderRon’s website and advertising use a black and grey symbol to represent its swapping service. It has used this symbol consistently and registered it with the U.S. Patent and Trademark Office. The symbol is very similar to the Nike swoosh symbol, except it fades from black to grey from left to right. TraderRon.com uses a multimedia presentation to explain its operation to users. The multimedia presentation was created by a friend of Dana’s as his senior portfolio project at school, where he was majoring in website design and multimedia. Dana paid him with a free trip to the Caribbean, which she had won in a contest. No copyright was registered in connection with the multimedia presentation. TraderRon.com sends a weekly e-mail update to customers who have registered on the site. The e-mail is sent via an e-mail address Ronnie established at Yahoo.com. TraderRon.com’s customers are located throughout the U.S. and some are overseas. • What intellectual property and Internet law issues are raised by TraderRon.com’s business model? • What sort of liability is the business risking? • What legal implications could arise from using the Yahoo.com e-mail account for swap.com’s mass e-mailings? diss 2 Modern Problems (graded) Joel, a former employee of NetworkBank, an online bank, decided to exact some revenge. Though his official access to the bank’s records was removed, he was able to hack into the bank’s database of customer information, obtaining passwords associated with customer debit cards. Using debit card numbers and passwords, he purchased merchandise online from various venders, including online auction sites, such as eBay. Among the bank customers whose accounts he raided was Elle, a consumer, and Pet Products, Inc., a business that sells pet products online. Joel took $85 from Elle’s checking account the first time, which she didn’t notice until a week later, at which point she notified NetworkBank. Joel took $350 from Elle’s account a few weeks later, which she noticed the next day and immediately reported to the bank. Joel accessed Pet Products, Inc., just once, for $3,450, which the company noticed the next day and reported to NetworkBank. Joel also wanted revenge against a former NetworkBank employee, Gwen, who he believed to be responsible for his firing. She left the bank and was working elsewhere. Using Internet search engines, he found postings that Gwen had made to chat rooms on various Internet sites. Using this information, Joel contacted PrivateI.com, an Internet based information and investigation service. He paid the fee required for an investigation on Gwen, and obtained her home and work addresses and telephone numbers. PrivateI.com did not inquire why Joel wanted the information about Gwen. Joel followed Gwen as she exited her workplace one night and attacked her, injuring her severely. Joel is now under arrest. • What remedies do Elle and Pet Products, Inc. have against NetworkBank for the unauthorized fund transfers? What law applies? • What is the extent of liability for the consumers in this scenario? May Gwen hold PrivateI.com liable for her injuries? Why or why not? • What preventative actions should the businesses mentioned in this scenario have undertaken to prevent what occurred here? Week 7 Discussions Rocking the Boat (graded) • Initial Text:Duchess Cruise Lines, Inc. dry-docked a ship, intending to have maintenance done. Melinda, the ship’s supply manager, decided to purchase some needed supplies from Marine Equipment Services, Inc., on the ship’s behalf while it was in dry-dock. She charged the supplies to her personal credit card. The supplies were delivered and used, but the cruise line refused to reimburse Melinda for the cost of the supplies because she hadn’t obtained the required approvals before making the purchase. Melinda takes the position that doing so would have delayed the purchase of the materials, because the person who normally grants approvals was on leave for several weeks. The cruise line takes the position that someone else would have handled the matter promptly if Melinda had simply followed company procedure. Melinda is threatening to sue to obtain reimbursement. • Meanwhile, Steve, a member of the ship’s maintenance crew, on shore leave for a day, came back to the ship late, after drinking to excess. Before retiring for the night, Steve turned several wheels on the dry-dock’s wall, which resulted in a flooding of the tanks on one side of the dry-dock. The ship listed, slid off the blocks holding it up, then crashed against the dry-dock wall, ruining much of the dry-dock. The dry-dock owner is suing Duchess Cruise Lines, Inc., for reimbursement of the damages to the dry-dock. • Paul was hired by Duchess Cruise Lines, Inc. as an independent project manager to coordinate the dry-dock maintenance project. He was not an employee of Duchess Cruise Lines, Inc. and was not authorized to make any purchases or enter into any contracts on the cruise line’s behalf. All of his proposals were to be submitted to a management team for approval. After Steve caused the ship to slide off the blocks and crash into the dry-dock wall, Paul met on the site with a crane company owner, Al, telling Al that he was Duchess’ project manager and requesting a bid from Al’s company to move the ship to a new dry-dock facility for repair. At the time, Paul was wearing a Duchess Cruise Lines, Inc. jacket and directing various employees on the dock. Al provided a bid, Paul accepted it, and Paul signed a services contract with Al’s company, signing his name followed by the words, “Project Manager, Duchess Cruise Lines, Inc.” Duchess Cruise Lines, Inc. did not approve the hiring of Al’s company and refuses to pay Al’s company on the contract. Paul claims he has no personal liability because he was acting on Duchess’ behalf in an emergency. o What agency law issues does this scenario raise? o How should the courts decide these disputes? Why? o How could all of this have been handled to prevent some of these issues? o diss 2 A Sweet Business Idea (graded) Initial Text:Dan and Carla met as employees at a candy company and later married. Carla went on to study accounting and Dan earned a business degree. After working for various businesses and raising $10,000 to open their own business one day, Dan and Carla have settled on opening a business that makes custom centerpieces that look like floral arrangements but are made entirely of chocolates, marzipan, and other candy. They want to call their business “Edible Expressions,” and they have prepared a business plan. They are now faced with the decision of what form of business organization makes the most sense: a sole proprietorship, a partnership of some sort, or incorporating in some form. Dan and Carla both plan to do design work in the business, while hiring confectionery employees to prepare and assemble the company’s products. Carla will keep the books, and Dan will do the hiring. Carla and Dan are considering whether it makes more sense for them to co-own the business, or if one should be the owner and the other an employee. They anticipate hiring just one other employee in the beginning, and grow as demand requires. Carla’s brother and sister-in-law also want to invest in the business, but do not want to be involved in its operations. Dan and Carla also want to give their daughter, Alissa, age 12, some ownership in the business at some point. Dan and Carla want to establish their business with a minimum of paperwork and expense, but they also want to avoid high taxation of their business profits. They want to run the business jointly, without the need for a Board of Directors or other advisory group, though they don’t mind the idea of having an annual event to honor family members who have invested in their business. Consider the types of business organizations in this week’s reading (sole proprietorship, general partnership, limited partnership, LLP, and corporation, LLC). o What are the pros and cons of each as they apply to Dan and Carla’s business goals? o If Dan and Carla were operating in your state, what form of business organization appears most desirable? Why?\ BUSN 420 Week 1 Assignment • Case 4.2: Supremacy Clause on page 79 • Case 4.7: Equal Protection Clause on page 80 BUSN 420 Week 2 Assignment Case 5.2: Negligence on page 101 • Case 6.1: Strict Liability on page 117 BUSN 420 Week 3 Assignment Case 10.2: Agreement Case 9.2: Bilateral or Unilateral Contract BUSN 420 Week 4 Assignment Case 13.5 Innocent Misrepresentation Case 20.1 Cure BUSN 420 Week 6 Assignment Case 7.3 Dilution of a Trademark Case 23.7 Holder in Due Course BUSN 420 Week 7 Assignment CASE 29.1 Creation of an Agency CASE 37.1 Piercing the Corporate Veil BUSN 420 week 1 Assignment Prepare answers to the following chapter-end Critical Legal Thinking Cases from this week’s reading. • Case 4.2: Supremacy Clause on page 79 • Case 4.7: Equal Protection Clause on page 80 Your responses should be well-rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice. For full credit, you need to use the material from this week’s lectures, text, and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment. For each question, you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus). Each answer should be double-spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length. Submit this assignment as a single Word document covering both cases. Note: Please be sure you refer to the numbers that appear on the printed pages in your electronic readings, not the numbers that appear with the navigation icons. Be sure to submit your work to the Week 1: Assignment Dropbox. BUSN 420 Week 3 Assignment Prepare answers to the following chapter-end Critical Legal Thinking Cases from this week’s reading. • Case 9.2: Bilateral or Unilateral Contract on page 179 • Case 10.2: Agreement on page 194 Your responses should be well-rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice. For full credit, you need to use the material from the week’s lectures, text, and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment. For each question you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus). Each answer should be double-spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length. Submit this assignment as a single Word document covering both cases. Note: Please be sure you refer to the numbers that appear on the printed pages in your electronic readings, not the numbers that appear with the navigation icons. Be sure to submit your work to the Week 3: Assignment Dropbox. BUSN 420 Quizzes BUSN 420 Week 1 Quiz Question 1 5 out of 5 points The Sarbanes-Oxley Act of 2002 applies only to foreign public accounting firms that provide auditing services to “issuers.” Question 2 5 out of 5 points Yves is an accountant charged with negligence by Zesty Soup Company, a client. Yves may successfully defend against the claim if he can show that Question 3 5 out of 5 points Mona, an accountant, prepares for NuTech Corporation a financial statement that omits a material fact. The financial statement is included in NuTech’s registration statement, which Pam reads. Pam buys NuTech stock. Under Section 11 of the Securities Act of 1933, for Mona to be liable for the omission, Pam must show that Question 4 5 out of 5 points Professionals are obligated to adhere to standards of performance commonly accepted within their profession. Question 5 0 out of 5 points Generally, an attorney is not liable to a nonclient unless the attorney has committed fraud. Question 6 5 out of 5 points Filtration Products, Inc., files a suit against Emmett, its former accountant, alleging constructive fraud. Emmett may be held liable Question 7 5 out of 5 points A client’s negligence is never a defense to a charge of negligence against an accountant. Question 8 5 out of 5 points Rex, an accountant, enters into a contract to provide services to Sofi. Rex does not finish the work within the contract’s deadline. Sofi pays a penalty for the missed deadline and hires Trey to complete the job. Rex is most likely liable for Question 9 5 out of 5 points Tiny is an accountant. Tiny’s violation of generally accepted accounting principles and generally accepted auditing standards Question 10 5 out of 5 points Tony is an accountant whose clients include U-All Company. If Tony is negligent in his work for U-All, most courts would hold him liable to U-All and Question 11 5 out of 5 points Nina, an accountant, prepares for Omni Corporation a financial statement that misstates a material fact. The statement is included in Omni’s registration statement. Pete, who is in privity with Nina, and Quinn, who is not, each buy Omni stock. Under Section 11 of the Securities Act of 1933, Nina may be liable to Question 12 5 out of 5 points Gert, an accountant, contracts to conduct an audit for Hailey. In performing the audit, Gert fails to detect certain misconduct. Gert is most likely Selected Answer: Question 13 5 out of 5 points Generally, an accountant must exercise the degree of care that an ordinarily prudent accountant would exercise. Question 14 0 out of 5 points A professional can be liable for fraud whether or not he or she acted with fraudulent intent. Question 15 5 out of 5 points Traditionally, a professional owed no duty to those with whom the professional had a direct contractual relationship. Question 16 5 out of 5 points An accountant is not liable for an omission in a registration statement to a purchaser of securities if the omission had no causal connection to the purchaser’s loss. Question 17 5 out of 5 points Meri, an accountant, includes a false statement in a report for Novelty Paper Products, Inc. (NPPI) that is filed with the Securities and Exchange Commission. When Otho buys stock in NPPI and loses money on the investment, he files a suit against Meri, alleging fraud under the 1934 Securities Exchange Act. To avoid liability, Meri can show that she Question 18 5 out of 5 points Professionals can limit their liability to some extent by disclaiming it. Question 19 5 out of 5 points Hadley and Ilene are accountants who work together. Hadley and Ilene can limit their potential liability for each other’s misconduct by organizing their business as Question 20 5 out of 5 points Doug is an accountant whose clients include Everyday Products, Inc. (EPI). Under the Ultramares rule, if Doug is negligent in his work for EPI, he could be liable to Question 1 5 out of 5 points An accountant is required to discover every impropriety, defalcation, and fraud in a client’s books. Question 2 5 out of 5 points Yves is an accountant charged with negligence by Zesty Soup Company, a client. Yves may successfully defend against the claim if he can show that Question 3 5 out of 5 points Estes, an accountant, contracts to perform services for Frasier. In performing those services, Estes uncovers a suspicious financial transaction. Estes is most likely not liable if he Question 4 5 out of 5 points Bryce’s accountant is Caleb and his attorney is Delilah. All states protect, as privileged information, Bryce’s communications with Question 5 5 out of 5 points Lara, an accountant, conducts an audit of Microstuff, Inc. After the conclusion of the audit, the working papers created in preparing the audit must be Question 6 5 out of 5 points Gert, an accountant, contracts to conduct an audit for Hailey. In performing the audit, Gert fails to detect certain misconduct. Gert is most likely Question 7 5 out of 5 points Meri, an accountant, includes a false statement in a report for Novelty Paper Products, Inc. (NPPI) that is filed with the Securities and Exchange Commission. When Otho buys stock in NPPI and loses money on the investment, he files a suit against Meri, alleging fraud under the 1934 Securities Exchange Act. To avoid liability, Meri can show that she Question 8 5 out of 5 points Filtration Products, Inc., files a suit against Emmett, its former accountant, alleging constructive fraud. Emmett may be held liable Question 9 5 out of 5 points Professionals are obligated to adhere to standards of performance commonly accepted within their profession. Question 10 0 out of 5 points Beth is an accountant with Consumer Sales Corporation. Doral buys Consumer stock and loses money on the investment. To recover from Beth under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, Doral must prove Question 11 5 out of 5 points Traditionally, a professional owed no duty to those with whom the professional had a direct contractual relationship. Question 12 5 out of 5 points Tiny is an accountant. Tiny’s violation of generally accepted accounting principles and generally accepted auditing standards 0 out of 5 points Tony is an accountant whose clients include U-All Company. If Tony is negligent in his work for U-All, most courts would hold him liable to U-All and Question 14 5 out of 5 points Doug is an accountant whose clients include Everyday Products, Inc. (EPI). Under the Ultramares rule, if Doug is negligent in his work for EPI, he could be liable to Question 15 5 out of 5 points For a plaintiff to recover damages under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, privity is necessary. Question 16 5 out of 5 points Generally, an accountant must exercise the degree of care that an ordinarily prudent accountant would exercise. 17 0 out of 5 points Quibble Company’s liabilities exceed its assets. Quibble hires Roo& Slay, an accounting firm, to prepare a balance sheet. Through Roo&Slay’s negligent omissions, the sheet shows a net worth. Town Bank relies on the balance sheet to make a loan to Quibble. When Quibble defaults, Town files a suit against Roo& Slay. Under the Restatement rule, Roo& Slay is most likely Question 18 5 out of 5 points Rex, an accountant, enters into a contract to provide services to Sofi. Rex does not finish the work within the contract’s deadline. Sofi pays a penalty for the missed deadline and hires Trey to complete the job. Rex is most likely liable for Question 19 0 out of 5 points An accountant may be liable to anyone who acquires a security covered by a registration statement that contains a materially false statement. Question 20 5 out of 5 points Bruno is an accountant. Under the Sarbanes-Oxley Act of 2002, the degree of government oversight over the public accounting practices of Bruno and other accountants was BUSN 420 Week 2 Quiz Week 2 : Courts and Litigation, Negligence, Accountant Liability – Quiz 1. (TCO 1) Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of _____ (Points : 2) a blameless individual. a faultless ordinary person. a reliable professional. a reasonable physician. 2. (TCO 1) Ezra, an accountant, intentionally misstates a material fact to mislead Fruit Packing Industries, Inc., a client. Fruit Packing justifiably relies on the misstatement to its detriment. Ezra is most likely liable for _____ (Points : 2) actual fraud. constructive fraud. destructive fraud. virtual fraud. 3. (TCO 1) In newspaper ads, Lo-Price Autos falsely accuses My-T Value Vehicles, a competitor, of selling stolen cars. My-T’s sales decrease. Lo-Price has most likely committed _____ (Points : 2) slander of quality. slander of title. wrongful interference with a business relationship. None of the above 4. (TCO 1) Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury _____ (Points : 2) if Ike intended to push Joan. only if Ike did not intend to break Joan’s arm. only if Ike had a bad motive for pushing Joan. only if Ike intended to break Joan’s arm. 5. (TCO 1) Travis, an accountant, is subject to the accounting conventions, rules, and procedures that constitute generally accepted accounting principles (GAAP). GAAP are determined by _____ (Points : 2) state courts. the American Bar Association. the American Institute of Certified Public Accountants. the Financial Accounting Standards Board. 6. (TCO 3) Quality Products, Inc., files a suit against Retail Sales Corporation. Sid is a witness for quality. Tod is a witness for retail. Quality may direct interrogatories to _____ (Points : 2) retail only. retail, Sid, or Tod. Sid only. Sid or Tod only. 7. (TCO 3) Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has _____ (Points : 2) federal question jurisdiction. inpersonam jurisdiction. in rem jurisdiction. no jurisdiction. 8. (TCO 3) In Fancy Frills Corporation’s suit against Glamour Stores, Inc., the jury returns a verdict in Fancy’s favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for _____ (Points : 2) a judgment in accordance with the verdict. a judgment on the pleadings. a new trial. judgmentn.o.v. 9. (TCO 3) The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This _____ (Points : 2) is a decision on the merits with value as a precedent. indicates agreement with the Idaho court’s decision. means nothing. means that the Idaho court’s decision is the law in Idaho. 10. (TCO 3) Lynn files a suit against Karl. Karl denies Lynn’s charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is _____ (Points : 2) a counterclaim. acrossclaim. an affirmative defense. an irrelevant response. BUSN 420 Week 3 Quiz Grade Details – All Questions Question 1. Question : (TCO 1) Travis, an accountant, is subject to the accounting conventions, rules, and procedures that constitute generally accepted accounting principles (GAAP). GAAP are determined by _____ state courts. the American Bar Association. the American Institute of Certified Public Accountants. the Financial Accounting Standards Board. Question 2. Question : (TCO 1) Yvon, an accountant, is charged with negligence by Zesty Sauce, Inc., a client. Yvon may successfully defend against the claim if she can show that _____ scienter was lacking. she complied with all generally accepted accounting principles. the negligence was not the proximate cause of the client’s losses. the negligence was only contributory. Question 3. Question : (TCO 1) Pluto accuses Quark, an accountant, of committing defalcation. This is _____ embezzlement. general misconduct. professional negligence. throwing something out of a window. Question 4. Question : (TCO 1) Gert, an accountant, contracts to conduct an audit for Hailey. In performing the audit, Gert fails to detect certain misconduct. Gert is most likely _____ liable if a normal audit would have revealed the misconduct. liable if Gert issues a specifically qualified opinion. not liable if Gert generally disclaims any liability. not liable if the misconduct was due to Hailey’s negligence. Question 5. Question : (TCO 1) Estes, an accountant, contracts to perform services for Frasier. In performing those services, Estes uncovers a suspicious financial transaction. Estes is most likely not liable if he _____ acted negligently in failing to discover the transaction sooner. conceals the discovery and otherwise finishes the work. investigates and reports the discovery to Frasier. obtains restitution from the perpetrator without Frasier’s knowledge. Question 6. Question : (TCO 3) Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include _____ an explanation to refute any defense the defendant might assert. a motion for summary judgment. a motion to dismiss. a statement of the facts necessary to show Ula is entitled to relief. Question 7. Question : (TCO 3) The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This _____ is a decision on the merits with value as a precedent. indicates agreement with the Idaho court’s decision. means nothing. means that the Idaho court’s decision is the law in Idaho. Question 8. Question : (TCO 3) Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has _____ federal question jurisdiction. inpersonam jurisdiction. in rem jurisdiction. no jurisdiction. Question 9. Question : (TCO 3) In Fancy Frills Corporation’s suit against Glamour Stores, Inc., the jury returns a verdict in Fancy’s favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for _____ a judgment in accordance with the verdict. a judgment on the pleadings. a new trial. judgment n.o.v. Question 10. Question : (TCO 3) To prepare for a trial between Large Lots Development Corporation (LLDC) and Mini Mansion Construction Company (MMCC), MMCC’s attorney places LLDC’s president under oath. A court reporter makes a record of the attorney’s questions and the officer’s answers. This is _____ a cross-examination. a deposition. an imposition. an interrogatory. BUSN 420 Week 4 Quiz Courts and Alternative Dispute Resolution 1. Moby, a resident of New Jersey, has an accident with Ogden, a resident of New York, while driving through that state. Ogden files a suit against Moby in New York. Regarding Moby, New York has a. federal question jurisdiction. b. inpersonam jurisdiction. c. in rem jurisdiction. d. no jurisdiction. 2. Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has a. federal question jurisdiction. b. inpersonam jurisdiction. c. in rem jurisdiction. d. no jurisdiction. 3. Marbled Granite Company files a suit against Natural Stone, Inc., in a Colorado court with gen¬eral jurisdiction. In a Delaware court with limited jurisdiction, E-Sales Corporation files a suit against First State Bank.The differ¬ence between general and limited ju¬risdiction is a. the subject matter of the cases that the courts can decide. b. whether a case is being heard for the first time. c. whether a suit is filed against a single individual or many people. d. whether a suit is filed by a citizen or by a business. 4. Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for a. any court to exercise in rem jurisdiction. b. a federal district court to exercise original jurisdiction. c. a U.S. court of appeals to exercise appellate jurisdiction. d. the United States Supreme Court to issue a writ of certiorari. 5. Jo files a suit against Lara in a Missouri state court. Lara’s only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has a. a commercial cyber presence in Missouri. b. conducted substantial business with Missouri residents. c. general maximum contact with Missouri. d. solicited virtual business in Missouri. 6. Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio a. has a sufficient stake in the matter. b. has jurisdiction. c. has sufficient minimum contacts with the parties. d. is a more convenient location to hold the trial. 7. Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against the company, alleging that its products are defective. The firm’s best ground for dis¬missal of the suit is that Jack does not have a. certiorari. b. jurisdiction. c. standing. d. sufficient minimum contacts. 8. Sam, a citizen of Tennessee, files a suit in a Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that a. the case is being heard for the first time. b. the court does not have concurrent jurisdiction. c. the court has standing. d. the court has venue. 9. Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to a. a U.S. district court. b. the Minnesota Supreme Court. c. the United States Supreme Court. d. the U.S. Court of Appeals for the Eighth Circuit. 10. The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This a. is a decision on the merits with value as a precedent. b. indicates agreement with the Idaho court’s decision. c. means nothing. d. means that the Idaho court’s decision is the law in Idaho. 11. Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include a. an explanation of the proof to be offered at trial. b. a motion for judgment n.o.v. c. a motion for judgment on the pleadings. d. a statement of the grounds for the court to exercise jurisdiction. BUSN 420 Week 5 Quiz Week 5 : UCC Sale of Goods and Administrative Law – Quiz 1. (TCO 5) Chas and Dodie sign a contract for a sale of goods. Chas is to set the price for the goods at the time of delivery, but on delivery, refuses to do so. Dody may only (Points : 2) fix a reasonable price. fix a reasonable price or treat the contract as canceled. treat the contract as canceled. wait for Chas to set the price. 2. (TCO 5) Bild-Rite, Inc., is a Colorado-based firm that does business with clients throughout North America. Bild-Rite oversees construction projects, and buys and sells commercial buildings, undeveloped land, and construction supplies and other goods. Bild-Rite has had to deal with work-site theft and vandalism. With respect to these circumstances, the Uniform Commercial Code (UCC) provides a framework for (Points : 2) commercial transactions for the sale of and payment for goods. international construction contracts. domestic and foreign transactions in real estate. prosecuting crimes against business interests. 3. (TCO 5) Nero and Oona negotiate a contract. Nero prints out a hard copy to review before both parties sign the electronic form of the contract. Neither party signs the hard copy. Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the signatures can (Points : 2) be denied effect because they are in electronic form. be denied effect because Nero has not signed a hard copy. be denied effect because Oona has not signed a hard copy. not be denied effect because they are in electronic form. 4. (TCO 5) Timmy purchased a car from his local dealership, SparklerCars. However, since the car was not available in the color that Timmy favored, the sales contract stipulated that Timmy could immediately pick up the car from a nearby warehouse it was housed in. The warehouse was owned by Mr. Putins. Timmy received the document of title for the car upon payment and presented it to Mr. Putins around a week later. But Mr. Putins informed Timmy that the car was damaged during a fire in the warehouse. What role does Mr. Putins fulfill in the contract? (Points : 2) The seller The consignee The bailee The supplier 5. (TCO 5) Gail enters into a contract with Hi-Price Appliances, Inc. In a suit between the parties over payment under the contract, Gail claims that a certain clause is unconscionable. If the court agrees, it may (Points : 2) refuse to enforce the contract, enforce the contract without the disputed clause, or limit the application of the disputed clause. enforce the contract without the disputed clause only. limit the application of the disputed clause only. refuse to enforce the entire contract only. 6. (TCO 6) After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM’s interpretation of (Points : 2) the facts and the law. the agency’s authority. procedural requirements. the Constitution. 7. (TCO 6) Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is (Points : 2) an actual controversy at issue. standing to sue. the exhaustion doctrine. the ripeness doctrine. 8. (TCO 6) Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision (Points : 2) changed the agency’s prior policy without justification. followed a consideration of all relevant factors. was accompanied by a rational explanation. was plainly warranted by the evidence. 9. (TCO 5) High sues the manufacturer, wholesaler, and retailer for bodily injuries caused by a power saw High purchased. Which of the following statements is correct under strict liability theory? (Points : 2) Contributory negligence on High’s part will always be a bar to recovery. The manufacturer will avoid liability if it can show it followed the custom of the industry. Privity will be a bar to recovery insofar as the wholesaler is concerned if the wholesaler did not have a reasonable opportunity to inspect. High may recover even if he cannot show any negligence was involved. 10. (TCO 5) EG Door Co., a manufacturer of custom exterior doors, verbally contracted with Art Contractors to design and build a $2,000 custom door for a house that Art was restoring. After EG had completed substantial work on the door, Art advised EG that the house had been destroyed by fire and Art was canceling the contract. EG finished the door and shipped it to Art. Art refused to accept delivery. Art contends that the contract cannot be enforced because it violated the Statute of Frauds by not being in writing. Under the Sales Article of the UCC, is Art’s contention correct? (Points : 2) Yes, because the contract was not in writing. Yes, because the contract cannot be fully performed due to the fire. No, because the goods were specially manufactured for Art and cannot be resold in EG’s regular course of business. No, because the cancellation of the contract was not made in writing. BUSN 420 Week 6 Quiz Week 6 : Intellectual Property and Cyberlaw– Quiz 1. (TCO 7) Diamond Financial Planners employs Ella, who is the firm’s most productive performer. Ella, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. She takes her list of Diamond clients to induce them to switch to Feldstar. Trade secrets law covers _____. (Points : 2) Diamond’s list of clients. Ella’s performance. Feldstar’s commission structure. None of the above 2. (TCO 7) Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug’s copyright must be recognized by _____. (Points : 2) all of the signatories of the Berne Convention. Canada and the United States only. Canada only. none of the signatories of the Berne Convention. 3. (TCO 7) Mace copies Nick’s book, Off the Beaten Path, in its entirety and sells it to Parkland Books, Inc., without Nick’s permission. Parkland publishes it under Mace’s name. This is _____. (Points : 2) copyright infringement fair use licensing protected expression 4. (TCO 7) RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade’s permission. Steel’s conduct is actionable provided (Points : 2) consumers are confused. Steel’s conduct is intentional. Steel’s conduct reduces the value of RiteMade’s design. RiteMade’s design is patented. 5. (TCO 8) Travis sends Una a link to a purported e-birthday card that when clicked on downloads software to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal information and access her financial resources. This is _____. (Points : 2) identity theft birthday bashing regifting Windows shopping 6. (TCO 8) Rossi uses cyber tools to steal the personal information of unsuspecting consumers online. Like other cyber thieves, Rossi is most likely to _____ (Points : 2) sell the data to other thieves online. use the data to make purchases online. use the data in retail outlets in the “real” world. sell the data on a street corner in the “real” world. 7. (TCO 8) Gladstone regularly sends unsolicited commercial e-mail to hundreds of millions of recipients. This e-mail is prohibited or regulated in _____. (Points : 2) most states only a few states no state California only 8. (TCO 8) Michelle gives out a business card with an e-mail address on it. According to the comments that accompany the UETA, it may be reasonable to infer that Michelle has consented to (Points : 2) transact business electronically. submit to the jurisdiction of any selected forum. accept and respond to any correspondence sent to that address. nothing. 9. (TCO 8) Houseofcards Finance, Inc., files a financing statement regarding a transaction with Biskuit Company. A valid, enforceable financing statement must contain all of the following, except _____ (Points : 2) a description of the collateral. a statement of the purpose of the transaction. the name of the debtor. the name of the secured party. 10. (TCO 8) Drew bought a computer for personal use from Hale Corp. for $3,000. Drew paid $2,000 in cash and signed a security agreement for the balance. Hale properly filed the security agreement. Drew defaulted in paying the balance of the purchase price. Hale asked Drew to pay the balance. When Drew refused, Hale peacefully repossessed the computer. Under the UCC Secured Transactions Article, which of the following remedies will Hale have? (Points : 2) Obtain a deficiency judgment against Drew for the amount owed. Sell the computer and retain any surplus over the amount owed. Retain the computer over Drew’s objection. Sell the computer without notifying Drew. BUSN 420 Final Exam Set 1 T Week 8 : Final Exam – Final Exam 1. (TCO 1) Your company owns a piece of land and is in the middle of purchasing this property to expand their footprint in the community. At the last minute, the seller has backed out of the deal, leaving you with few options. Your supervisor wants to explore the options for remedies in this case. 2. (TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state companies doing business in the state than it imposes on in-state companies. The reason behind the legislature’s enactment of this law is to protect the local firms from out-of-state competition because they are losing local business, which is affecting the state’s economy. Is this law legal, or is it a violation of equal protection for a state to impose? What legal standards could the court apply in evaluating the constitutionality of a law and which would apply in this instance? Explain. (Points : 20) 3. (TCO 3) Jane lives in Florida and owns a small fresh fruit market. Robert lives in Georgia on a peach farm. For years, Jane and Robert have worked together; Jane buying peaches from Robert and Robert selling peaches to Jane for resale. Jane travels across the border to Georgia to buy her peaches because she knows that Robert has the best peaches in Georgia and her customers love them and come from miles to buy them 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car? (Points : 20) 5. (TCO 5) Joe makes an offer to sell an order of produce to Bud for $550. It is a great deal and Bud jumps at the chance to accept Joe’s offer. Before Bud can get the money together, Joe sells the produce to Sal because he needs the money right away for a down payment on a tractor. Is the contract between Joe and Bud enforceable under the UCC? If Joe and Bud have an e-mail exchange that documents their agreement, does this change your answer? Why or why not? (Points : 20) Yes because Under Article 2 of the UCC, a contract is usually enforceable even if the terms is omitted the price. Also, an enforceable agreement involving the transfer of title of goods from a seller to a buyer for a price is a sale. 6. (TCO 6) Explain the function and purpose of an administrative agency. At what level of government do we find agencies, and how and by whom or what are they empowered to do what they do? (Points : 20) 7. (TCO 7) SoftWorld Products, Inc. develops, patents, and markets a new software program that is expected to the Internet market by storm. Seeing the potential of SoftWorld Products, Inc.’s new system, Global Gurus, LLC, proceeds to sell SoftWorld Products, Inc.’s program without its permission. Does this practice constitute patent infringement? If so, what steps could SoftWorld Products, Inc. take to save itself the financial burden of suing Global Gurus, LLC for patent infringement and that would simultaneously enable to profit from the sales being made by Global Gurus, LLC? (Points : 20) 8. (TCO 8) Your Company, Inc. wants to do business with My Company, LLC. Because our companies are both savvy, they would like to conduct their business online. What determines the effect (or lack thereof) of the electronic documents evidencing the parties’ deal according to the Uniform Electronic Transactions Act (UETA)? Is a “signature” from one of the company’s a necessary part of the deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support your position.(Points : 20) 9. (TCO 9) Agency law plays a big part in corporate responsibility (and liability). Differentiate between an employee and an independent contractor. What is the difference and what are the key factors that must be considered in determining one’s status as an employee or independent contractor? Once status is determined, what affect will it have on the responsibilities of the agent? The principal? Is one status better than another? Why? Explain your answers using a representative example involving a principal, an agent, and a situation that would call the agent’s status into question. (Points : 20) 10. (TCO 10) What are the main features of a traditional corporation? What are the main features of a Limited Liability Company? What are the similarities and differences we can look to when trying to determine which entity will best suit our needs in a given situation? In the context of entity selection, discuss the main features of these two entities and compare the liability that a corporation would be exposed to as it relates to shareholders/owners of a corporation as opposed to the members of a limited liability company (LLC). Would your choice change if the situation involved an act of fraud? Why or why not? (Points : 20) 1. (TCO 5) An appliance seller promised a restaurant owner that a home dishwasher would fulfill the dishwashing requirements of a large restaurant. The dishwasher was purchased but it was not powerful enough for the restaurant. Under the Sales Article of the UCC, what warranty was violated? (Points : 10) The implied warranty of marketability. The implied warranty of merchantability. The express warranty that the goods conform to the seller’s promise. The express warranty against infringement. 2. (TCO 5) EG Door Co., a manufacturer of custom exterior doors, verbally contracted with Art Contractors to design and build a $2,000 custom door for a house that Art was restoring. After EG had completed substantial work on the door, Art advised EG that the house had been destroyed by fire and Art was canceling the contract. EG finished the door and shipped it to Art. Art refused to accept delivery. Art contends that the contract cannot be enforced because it violated the Statute of Frauds by not being in writing. Under the Sales Article of the UCC, is Art’s contention correct? (Points : 10) Yes, because the contract was not in writing. Yes, because the contract cannot be fully performed due to the fire. No, because the goods were specially manufactured for Art and cannot be resold in EG’s regular course of business. No, because the cancellation of the contract was not made in writing. 3. (TCO 5) High sues the manufacturer, wholesaler, and retailer for bodily injuries caused by a power saw High purchased. Which of the following statements is correct under strict liability theory? (Points : 10) Contributory negligence on High’s part will always be a bar to recovery. The manufacturer will avoid liability if it can show it followed the custom of the industry. Privity will be a bar to recovery insofar as the wholesaler is concerned if the wholesaler did not have a reasonable opportunity to inspect. High may recover even if he cannot show any negligence was involved. 4. (TCO 8) Second Best Buy, Inc., is a retailer of small appliances. Second Best Buy gives Chase Financial Corporation a security interest in the inventory owned by Second Best Buy, Inc. Chase files a financing statement to perfect its interest. Who has higher priority in the collateral than Chase? (Points : 10) The stockholders of Second Best Buy. A buyer in the ordinary course of Second Best Buy’s business. A subsequent lien creditor. A subsequent trustee in bankruptcy. 5. (TCO 8) Mars, Inc. manufactures and sells VCRs on credit directly to wholesalers, retailers, and consumers. Mars can perfect its security interest in the VCRs it sells without having to file a financing statement or take possession of the VCRs if the sale is made to _____ (Points : 10) retailers. wholesalers that sell to distributors for resale. consumers. wholesalers that sell to buyers in the ordinary course of business. BUSN 420 Final Exam Set 2 Short Essays 1.(TCO 1) Your company 2 The state of Delmarva 3.Jane lives in florida 4.Sandy mails a letter 5.what is the uniform 6.Explain the function 7.Smart Corporation 8.Your company 9.Agency law 10.Tim and Tom are twins Page 2 5MCQs BUSN 420 Final Exam Set 3 BUSN 420 Week 8 Final Exam Answers Question 1. 1. (TCO 1) As an assistant in the legal department of a major corporation, your supervisor has asked you to do some research on how various laws may be applied in an upcoming case. Your department needs to coordinate with outside counsel and wants to be up to speed on how the law works. Explain the sources of law in the American legal system. Is our civil law system more or less advantageous than the common law system? Why is it important to understand all sources of law and where to find them? Explain your answer with examples in a business context. (Points : 25) Question 2. 2. (TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state companies doing business in the state than it imposes on in-state companies. The reason behind the legislature’s enactment of this law is to protect the local firms from out-of-state competition because they are losing local business, which is affecting the state’s economy. Is this law legal, or is it a violation of equal protection for a state to impose? What legal standards could the court apply in evaluating the constitutionality of a law and which would apply in this instance? Explain. (Points : 25) Question 3. 3. (TCO 3) Create a brief scenario and walk it through the litigation process, beginning with how to select the proper jurisdiction of a court, and progressing through the basic steps leading to a resolution of the dispute through appeal. (Points : 25) Question 4. 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car? (Points : 25) Question 5. 5. (TCO 5) There are several distinctions in contract law between the UCC and common law as it relates to certain principles. As it relates to modification of a contract, how is the UCC’s treatment of this subject different from that of common law? What are the important factors to be considered? Provide an example that demonstrates the difference. (Points : 25) Page 2 Question 1. 1. (TCO 6) Explain your understanding of administrative law. How would you classify administrative law from a categorical standpoint as it fits in the context of other areas of law and what procedures are involved in the administrative process as it pertains to an agency’s function and purpose? (Points : 25) Question 2. 2. (TCO 7) Smart Corporation began marketing phone in 2002 under the mark “Smart.” In 2008, Smart.com, Inc., a different company selling different products, such as school supplies and the like, begins using “smart” as part of its website URL and registers “sMART” as its domain name. Can Smart Corporation stop this use of “sMART”? If so, what must the company show? Use the scenario given to explain your answer in this context. (Points : 25) Question 3. 3. (TCO 8) Your Company, Inc. wants to do business with My Company, LLC. Because our companies are both savvy, they would like to conduct their business online. What determines the effect (or lack thereof) of the electronic documents evidencing the parties’ deal according to the Uniform Electronic Transactions Act (UETA)? Is a “signature” from one of the company’s a necessary part of the deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support your position. (Points : 25) Question 4. 4. (TCO 9) Agency law plays a big part in corporate responsibility (and liability). Differentiate between an employee and an independent contractor. What is the difference and what are the key factors that must be considered in determining one’s status as an employee or independent contractor? Once status is determined, what affect will it have on the responsibilities of the agent? The principal? Is one status better than another? Why? Explain your answers using a representative example involving a principal, an agent, and a situation that would call the agent’s status into question. (Points : 25) Question 5. 5. (TCO 10) Tim and Tom are twins. They live and work near the beach and are also partners in TnT, Inc., a bicycle messenger service. When deliveries are few, especially in the summer, Tom without telling Tim, rents the extra bicycles to tourists who want to explore the resort area. Because the bicycles aren’t being used for deliveries, is it acceptable for Tom to keep the proceeds he receives from renting leasing the unused bicycles? Explain your answer based on the facts in the scenario in the context of partnership law. (Points : 25)

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