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ETH/321T ETHICAL AND LEGAL TOPICS IN BUSINESS The Latest Version A+ Study Guide

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ETH 321 Week 1 Practice Assignment In the context of a court case process, what is the definition of affirmation?

Return a case to a trial court for resolution Ratification of a trial court's decision Using compromise to settle a dispute Changing a trial court's decision In the context of a court case process, what is the definition of rejoinder?

Decision of the court Defendant's answer to the plaintiff Decision of the jury Request for a higher court to review a case In the context of a court case process, what is the definition of beyond a reasonable doubt?

Plaintiff's challenge to defendant's claim No other explanation can be derived from the facts – evidence Reducing the integrity of a witness' claim Restoring credibility to a witness' claim In the context of a court case process, what is the definition of deposition?

A jury is enlisted Summoning of potential jurors Determination of jurors' fitness for jury duty Testimony out of court during pre-trial investigation In the context of a court case process, what is the definition of mediation?

Court order to appear in trial Using a third party (specifically) to resolve a dispute Use of a third party to resolve a dispute, often legally binding More likely than not evidence In the context of a court case process, what is the definition of sequestered?

First-sight evidence Evidence assuming assent of the reasonable person A jury is separated from the community during a trial More likely than not evidence If the goal is to keep the peace, which of the following is the best tool that matches that goal?

Provide legislative processes Prevent discrimination Allow debate on change Allow for orderly protest Deter crime Judicial review allows the Supreme Court to: Declare a law inconsistent with the rules of the Constitution Reject the decision of a lower court it finds to have erred Change the law to meet the needs of the Court's preferences Both A and B Which method of dispute resolution is most typically incorporated as a condition in business contracts for potential disputes?

Mediation Arbitration Jury trial Negotiation Which of the following is true concerning trial venues?

A party can receive a change of venue when it anticipates a fundamentally biased trial environment.

A party can receive a change of venue when it anticipates losing a court case in a local venue.

A party can receive a change of venue for any logical reason.

A party is required to hold a trial as close as possible to the location or source of a dispute.

If the goal is to facilitate planning, which of the following is the best tool that matches that goal?

Provide legislative processes Allow debate on change Allow for orderly protest Prevent discrimination Deter crime If U.S. law discriminates against a particular class of persons in order to achieve a critical, compelling state interest, it must pass the __________ test in order to be lawful.

Intermediate scrutiny Strict scrutiny Rational basis Equal protection The jury in a criminal case has been deliberating for a week on the decision it will make on a trial.

Half of the jurors think the defendant should be acquitted, and half think the defendant is guilty.

The jury is having trouble reconciling its many differing opinions. Which of the following will most likely happen?

The jury will continue to deliberate until it reaches a unanimous vote, since this is a criminal case.

Answer: B The jury will likely be hung.

The jury will continue to deliberate until it can at least come to a consensus, if not unanimity.

The jury will refrain from offering a verdict, and the judge will offer a verdict instead.

If the goal is to determine procedures for changing the law, which of the following is the best tool that matches that goal?

Allow for orderly protest Deter crime Provide legislative processes Allow debate on change Prevent discrimination Cleo has been the victim of continuous unfair dealings with his landlord for several years. When he finds out one of his neighbors is suing his landlord for the same reasons as those to which Cleo feels harmed, Cleo wishes to join in the case. Which of the following is likely true?

Cleo may be allowed to intervene in the case and gain party status, joining the defendant.

Cleo may be allowed to intervene in the case and gain party status, joining the plaintiff.

Cleo cannot join the case because of the statute of limitations.

Cleo cannot join the case because his problem and interests are separate from that of his neighbor.

Marcus lives in New York but regularly does business in Texas where his company has most of its business contacts. While traveling to Texas from New York, Marcus is sued by the hotel he stays at in Mississippi after he negligently destroys hotel property. Where would jurisdiction most likely fall under long-arm state statutes?

Federal Court New York Mississippi Texas What is the fundamental philosophy of the Command school?

Law is a function of economic forces Law is a product of people’s inalienable, natural rights Law is the means by which a ruling class maintains control Law is a means of redistributing wealth or promoting social justice A judge feels strongly that some of the jurors in a current trial have been responding with extreme bias against the defendant. After deliberation, the jury comes to a verdict which the judge does not completely agree with. Which of the following is most likely true?

The judge can make a different judgment, notwithstanding the verdict.

The judge must enter judgment based on the jury's verdict, since all jury members passed the voir dire process.

The judge may reject the jury's verdict, but must first confer with a panel of three other judges.

The judge may not reject the jury's verdict, but he or she can order a new trial with the same jury.

What is the fundamental philosophy of the Sociological school?

Law is a means of redistributing wealth or promoting social justice Law is a function of economic forces Law is the means by which a ruling class maintains control Law is a product of people’s inalienable, natural rights Which of the following is a legitimate purpose of discovery?

To reveal all available information about the facts of the situation To force agreement between parties To help injured parties gain maximum benefits from the guilty party To reveal which party has more leverage over the other party If the goal is to prevent undesirable behavior, which of the following is the best tool that matches that goal?

Deter crime Provide legislative processes Prevent discrimination Allow debate on change Allow for orderly protest A classroom is trying to decide on a set of rules for the schoolyear. The class votes and agrees on the following rules: I) Students who steal from other students will be punished without exception.

II) Any student who punches another student may be punched back by the victim.

III) Any student is allowed to freely borrow any item from another student but must give it back.

IV) Students who say nice words to other students earn points toward earning a prize.

Which ethical philosophies are represented in these rules?

Virtue ethics only Virtue ethics, Kantian ethics, and social justice theory Virtue ethics and Kantian ethics Kantian ethics and Social Justice Theory Amador's company is considering a change in its distribution structure. Before deciding on the change, Amador has a research team examine how it will affect shareholders, employees, suppliers, community members, and other groups. This suggests Amador's company is observing: A corporate citizenship moral standard A stakeholder theory moral standard A moral minimum standard A profit-maximizing moral standard The U.S. has a treaty with Mexico to not deal in historical artifacts in order to preserve the artifacts in the country they came from. An archaeologist in Mexico who has previously been selling artifacts to American buyers: May still sell the artifacts, since the treaty covers government, and not private, transactions.

May still sell the artifacts, as long as the state law of an American buyer permits it.

May not sell the artifacts.

May not sell the artifacts unless they were acquired prior to the passage of the treaty.

Nation A makes a decision that Nation B does not agree with concerning the international sale of heavy weapons. Nation B decides to contest the policy rather than let it stand. Which of the following is true?

More than one response is correct.

Nation B cannot interfere with Nation A under the Act of State Doctrine.

Nation A is refraining from granting comity for Nation B’s decision.

Nation B is refraining from granting comity for Nation A’s decision.

ETH 321T Week 1 Apply Assignment (New) Access MyEducator, and select Assessments from the Course tab on the top right of the main course page.

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ETH 321 Week 1 Apply Assignment 1. Match the prompt with the law or principle of law which is most relevant.

Devon is accused of robbing a jewelry store and is summarily thrown in jail. o First Amendment o Equal Protection Laws o Substantive Due Process o Procedural Due Process 2. Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.

A law which promotes the opportunity for foreign workers to obtain employment, housing, and medical care regardless of their citizenship status would likely fall under which school of jurisprudential thought? o Historical o Natural Law o Sociological o Irrational Forces o Legal Realism 3. Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true? o If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted. o The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof. o Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway. o If the plaintiff does have unambiguous evidence that meets a "clear and convincing" burden of proof, Casey will most likely be found guilty.

4. A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.

Help her out: Identify the actor and the dialogue which illustrates the legal theory.

DONUT DAY AT THE OFFICE Part 5 - Derek: We need someone we can trust who can divide up the donuts. One set of rules can't always be applied here. If we had an impartial judge or two in the mix, someone who doesn't like donuts perhaps, they could take into account all of the changing factors impacting our donut sphere and make up rules that will bring glazed-happiness to all who seek it. End Part 5 o Critical legal studies school of thought. o Sociological school of thought. o Legal realism school of thought. o Irrational forces perspective.

5. A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.

Help her out: Identify the actor and the dialogue which illustrates the legal theory.

DONUT DAY AT THE OFFICE Part 6 - Bob: Donut spheres? Glazed happiness? Anyone notice who is not eating donuts right now? Are we about to form a blue-ribbon commission here?

David: Bob, don't you see what's happening. While we fight over which one of us gets the goodies, our coworkers, who are actually working by the way, are missing out on these delicious chemical donuts. Meanwhile our friend Alison will be left out of the mix as well as Winfred, who is again in the hospital. What about our custodial and shipping people who are relegated to the basement world? Once again, they will get no goodies and they are the ones doing the actual work. They aren't even allowed up here in our break room because we don't want their greasy hands on our microwave. The only good reason for rules here is to protect the donut-less among us. Donut laws are not any good unless they address the glazed inequalities that would not otherwise even be considered. End Part 6 o Sociological school of thought. o Law and economics school of thought. o Command school of thought. o Legal realism school of thought.

6. A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.

Help her out: Identify the actor and the dialogue which illustrates the legal theory.

DONUT DAY AT THE OFFICE Part 1 - (The scene is a lunchroom or break room. There are at least three round tables visible and perhaps a vending machine, microwave, or refrigerator in the background. Of the three tables, no one is sitting at the center table as the scene opens.)

Karen: (She walks in carrying two big boxes of donuts and places them on the center table.) Allied Chemical just dropped these off to thank us for our work on the "Expressly Hair" project. Have fun. (She says unenthusiastically. She shows absolutely no interest in the donuts and quickly leaves. Everyone else, except Alison, immediately stands. Alison is still showing an interest in the goodies but not moving toward them. Joyce immediately positions herself between the donuts and Bob.) Bob: It's a donut festival!

Joyce: (She moves to block and slow him, as if checking him in basketball.) Just wait a second!

We have to first establish the rules.

Bob: Rules, in a donut festival?

Joyce: Yes rules. Last time donuts like these were brought in, Winfred got a broken nose and, once

again, Alison didn't get any. We aren't animals. If we don't slow down, someone is going to accidentally eat the cardboard again.

Bob: Oh, no. Here we go. Where's the PowerPoint?

Joyce: There are guidelines in the employee handbook that have been developed over many years that detail out exactly what is to be done with these kind of employee gifts. (She opens a thick binder.) Nearly any scenario you can imagine has been detailed out in section 34 (b), including pastries from chemical companies. Practices and procedures have been set and we would be smart to follow them. End Part 1 o Critical legal studies school of thought. o Historical perspective school of thought. o Irrational forces perspective. o Natural law school of thought.

7. Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.

The government of Sharonville is deep in debt, and consequently enacts a city ordinance that requires citizens to do volunteer work for the city once per week. Such and act would be in accordance with the __________ school of jurisprudential thought. o Law and Economics o Sociological o Irrational Forces o Legal Realism o Command 8. Match the prompt with the law or principle of law which is most relevant.

The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. o Equal Protection Laws o First Amendment o Procedural Due Process o Substantive Due Process 9. A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.

Help her out: Identify the actor and the dialogue which illustrates the legal theory.

DONUT DAY AT THE OFFICE Part 3 - Joyce: We had a lawsuit filed about this after the pastry rumble of 2017 and there was….

Oh yeah, I remember there were some specific rules that are detailed out in 34 (b), section 4.

Bob: Those stupid rules were made after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don't apply here. There wouldn't even be donut rules if he'd paid attention to his own big feet. End Part 3 o Critical legal studies school of thought.

o o o

Irrational forces perspective.

Natural law school of thought.

Historical perspective school of thought.

10. Match the prompt with the law or principle of law which is most relevant.

Claudia feels strongly against a law that was recently passed in her hometown. She proceeds to write letters to the local newspaper criticizing the effect of the law. She also marches up and down the sidewalk in front of city hall loudly publicizing her contradictory point of view. o Equal Protection Laws o Procedural Due Process o First Amendment o Substantive Due Process 11. Match the prompt with the law or principle of law which is most relevant.

A law was recently passed in the city of Birmingdon that specifies a long list of restrictions on disposing of different kinds of waste material. The law is long, meticulous, and complicated, and many citizens do not understand all the points of the law or the purpose it is meant to fulfill.

Citizens are commonly caught breaking the ordinance. o Equal Protection Laws o Substantive Due Process o Procedural Due Process o First Amendment 12. Which of the following situations would most likely receive a change of venue? o A defendant in a case requests a change of venue because the location of the trial is inconveniently far away from the state where he lives. o A woman wants a change of venue when it appears that all jurors to the case will be male. o A local teacher is taken to court after a video of him beating his students goes viral. o An employer who is accused of racially-discriminatory practices wants a change of venue when it finds out that the local venue judge is African-American.

13. A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.

Help her out: Identify the actor and the dialogue which illustrates the legal theory.

DONUT DAY AT THE OFFICE Part 2 - Bob: Listen, donuts are made to bring joy into our lives and to wake up or glazed faculties.

Just let them be distributed according to unchanging moral principles of justice. The donuts will distribute themselves according to natural principles. We just take what we want and the leftovers will be appreciated by they who enjoy them most. Don't over complicate this. Where's the chocolate milk? End Part 2 o Critical legal studies school of thought. o Irrational forces perspective.

o o

Historical perspective school of thought.

Natural law school of thought.

14. A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.

Help her out: Identify the actor and the dialogue which illustrates the legal theory.

DONUT DAY AT THE OFFICE Part 4 - Lee: Right. Inflexible rules, applied the same way every time and in every situation, are just a sign of corporate insanity. This is a company that knows how to adapt and make smart decisions based on the circumstances at hand. Remember when we found out that Allied Chemical hair gel accelerated hair growth at twice the industry standard … just before the hair would fall out? Remember what happened to Winfred after he tested out the stuff for us? Remember how happy Allied Chemical was with us when we figured how to market their goop anyway? Dogmatic rules are made to be broken by the enlightened and that's what we are now officially "the enlightened" of the break room. End Part 4 o Critical legal studies school of thought. o Sociological school of thought. o Irrational forces perspective. o Legal realism school of thought.

15. A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.

Help her out: Identify the actor and the dialogue which illustrates the legal theory.

DONUT DAY AT THE OFFICE Part 7 - Alison: (She stands during David's speech as if inspired but sits down once Bob starts talking.)

Bob: Right. Power to the people David. Anyone else hungry? (He tries to slowly move to the donuts and Joyce continues to defend them like a point guard.)

Lee: I have an idea that might address all of these issues. What if none of us have any of these donuts but instead we break up into teams and sell them to our coworkers for a profit? Instead of getting one or two donuts, we can stop on our way home and pick up a dozen of them each with our profits. In this case, we ignore the company stuck-in-the-mud book regulations because, as you can see, we are obviously presented with some opportunities for a little economic development. Corporate rules here must bow to economic opportunity. If we let our rules block our prosperity, what kind of company will we become? End Part 7 o Law and economics school of thought. o Command school of thought. o Sociological school of thought. o Legal realism school of thought.

16. Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.

After a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retail establishments. This reaction would be an example of following which school of jurisprudential thought? o Legal Realism o Natural Law o Sociological o Irrational Forces o Historical 17. Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.

A new law is established in the town of Avery that promotes affirmative action employment for people trans-gender and homosexual individuals. This law would be in pursuance of the tenets of the __________ school of jurisprudential thought. o Law and Economics o Legal Realism o Sociological o Command o Irrational Forces 18. Clara is suing David because of a property dispute. Clara and David are from different states, so it is not readily clear which state has jurisdiction over this case. Which of the following is true? o Jurisdiction depends solely on where the property - the focus of the dispute - is located. o Jurisdiction falls in Clara's state of residence, since she is the plaintiff. o Jurisdiction falls in David's state of residence, since he is the one being summoned to court. o Jurisdiction can fall in whichever state has subject matter or personal jurisdiction, likely depending on which state Clara feels will give her a more favorable outcome for her case.

19. Match the situation with the court that would most likely address it.

Federico is in a financial dispute. He is trying to collect money for services rendered, but the debtor does not want to pay the money owed to Federico. o State Small Claims Court o U.S. Bankruptcy Court o U.S. Tax Court 20. Match the situation with the court that would most likely address it.

Adelyn is in a financial dispute with her creditor. She wants to declare bankruptcy because she is finding herself unable to meet the requirements of paying off her debt. o U.S. Tax Court o State Small Claims Court o U.S. Bankruptcy Court

21. Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.

Which jurisprudential school of thought relies the most upon precedent in establishing law? o Legal Realism o Natural Law o Historical o Sociological o Irrational Forces 22. Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.

Dixonville has had fundamentally the same demographics, economic system, and social structure for decades. In recent years these factors have begun to shift, causing many to call for new legislation and legal practices. Shifting the legal structure of Dixonville in order to account for the changes that are occurring would be in accordance with the __________ school of jurisprudential thought. o Legal Realism o Irrational Forces o Sociological o Historical o Natural Law 23. Sage files a complaint against Isabel, alleging that Isabel is responsible for damages to Sage's property. Isabel thinks the allegations are ridiculous and doesn't bother to respond to the complaint with which she has been served. Which of the following is likely true? o A court will not open a case or post a judgment until Isabel chooses to respond. o A court can judge in Sage's favor because Isabel seems to be constructively admitting to Sage's allegations. o A court can judge in Sage favor because Isabel is not bargaining in good faith. o A court can judge in Isabel's favor even if she doesn't respond if it appears Sages allegations are frivolous.

24. Which of the following situations would not substantiate proper standing to sue? o Calvin wants to sue his sister after finding out she has been taking cash from the cash register at the family business. Answer: B o TreesForDays, an environmental activist group, wants to sue a company dumping chemicals into a river in a different state. o Aniesha wants to sue her neighbor Robert after seeing him engage in criminal animal cruelty. o Tyler wants to sue Kevin after Kevin harms Tyler's sister in a car crash which leaves her sister in a coma.

25. Charlie is summoned for jury duty. While still in the selection process, it is discovered that one of the parties to the case used to be an old friend and neighbor of Charlie's. Which of the

following would most likely happen? o Charlie would be preserved on the jury since he would have inside information about one of the parties. o Charlie would be excluded for cause. o Charlie would be excluded through preemptory challenge. o Charlie can refuse to serve on the jury.

26. The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Which of the following statements is true? o JuneCorp can contest the legality of the law if there is no evident state interest which substantiates the enforcement of the law. o JuneCorp cannot contest the legality of the law, since the Equal Protection Clause applies to people rather than corporations. o JuneCorp can contest the legality of the law if it passes all three scrutiny tests employed by the courts. o JuneCorp cannot contest the legality of the law if there is anything but a financial impact on the company because of the law.

27. An appeals court feels that a lower court has made an incorrect judgment concerning a civil law case. Which of the following would be the mostly reason to remand the case back to the lower court? o The appellate court found a mistake of fact that occurred during the initial trial. o The appellate court wants to see more evidence before it can make an informed decision. o The appellate court found a mistake of law that occurred during the initial trial. o The appellate court wants the lower court to handle the case, since it is a civil rather than criminal case.

28. Silvia and her brother Clyde make a code of rules they have to follow together. The rules are as follows: I) If Silvia bakes a cake, then Clyde can eat as much of it as he wants.

II) Silvia and Clyde can only go to movies they are both interested in seeing.

III) every time Clyde borrows Silvia's car, he must put some gas init. Silvia must do the same when she borrows Clyde's motorcycle.

IV) If Clyde makes a cobbler, Silvia can eat as much of it as she wants.

Which ethical philosophies are represented in these rules? o Social justice theory only o Social justice theory and Kantian ethics o Kantian ethics and utilitarianism o Social justice theory and Kantian ethics 29. Examine the scenario and determine which principle of International Law is at play.

Nation A is neighbors with Nation B. When an international crime lord who operates in both countries is captured by Nation A, it sentences him to a lifetime of heavy labor. Nation B wants to

have the criminal executed, but it defers to Nation A’s judgment. o Act of State Doctrine o Comity of Nations o Sovereign Immunity 30. Examine the following scenario and match it to the philosophy of ethics that most closely aligns with the character in the scenario.

Anthony votes in favor of a bill which would prevent people above a certain level of income from being able to purchase subsidized housing. o Kantianism o Social Justice Theory o Virtue Ethics o Utilitarianism 31. Determine which moral standard of social responsibility the business is observing.

Brad's company has a smokestack that pollutes the air in a nearby community. When people begin complaining about the pollution, the company pays to have a stack scrubber installed on the smokestack to limit the pollution but does not respond to the community's complaints. o Stakeholder Theory Moral Standard o Moral Minimum Standard o Indeterminable o Profit-Maximizing Moral Standard o Corporate Citizenship Moral Standard 32. Examine the following scenario and match it to the philosophy of ethics that most closely aligns with the character in the scenario.

Lula thinks that people who discipline their children by spanking should be sent to jail and says she would be glad to go to jail if she was caught spanking her child. o Social Justice Theory o Utilitarianism o Virtue Ethics o Kantianism 33. Radcliffe is a college business professor with little education but extensive experience in business. A treaty negotiating the free trade of educational opportunities was just passed between Canada and the U.S., and it includes a condition that all university professors must have at least a master’s degree in order to teach. Which of the following is true? o Radcliffe may still teach as long as he only teaches in the U.S. o Radcliffe no longer meets the qualifications to teach. o Radcliffe may not be restricted from teaching if his university has no rule concerning the need for a master’s degree. o The treaty is only enforceable if it doesn’t conflict with state law in Radcliffe’s state.

34. Examine the scenario and determine which principle of International Law is at play.

Nation A builds a new highway next to citizens’ properties. In the months following, littering as well as several highway accidents result in damage to the properties. The property owners want to sue the government for damages, but are restrained by: o Act of State Doctrine o Comity of Nations o Sovereign Immunity 35. Country A and Country B have had an informal trading arrangement for many years wherein merchants on the border of the countries may freely trade goods without the restriction of fees.

Which of the following is true? o Country A and Country B have a binding agreement to this arrangement under customary international law. o Country A and Country B have no binding agreement under customary international law. o The government of Country A may not arbitrarily begin to charge fees for items brought in from Country B. o More than one response is correct.

36. Determine which moral standard of social responsibility the business is observing.

Vivian’s company is considering building a huge new department store in a small town. The community argues that the store will disrupt local commerce and harm local business owners.

Vivian argues that the store will save money for customers and bring more jobs to the community.

Assume both arguments are true. o Indeterminable o Corporate Citizenship Moral Standard o Profit-Maximizing Moral Standard o Stakeholder Theory Moral Standard o Moral Minimum Standard 37. Determine which moral standard of social responsibility the business is observing.

Meg's company decided to build an additional factory in a small community. When the community started a protest because of the negative impact it feels a factory will have on the community, Meg's company promises to prevent and pay for any negative impact to the community. It also offers to build a community park to balance out the negative impact the factory will have. o Profit-Maximizing Moral Standard o Corporate Citizenship Moral Standard o Stakeholder Theory Moral Standard o Moral Minimum Standard o Indeterminable 38. Examine the following scenario and match it to the philosophy of ethics that most closely aligns with the character in the scenario.

Finley steals from a greedy CEO in order to give money to a large number of poor people. o Kantianism

o o o

Virtue Ethics Social Justice Theory Utilitarianism

39. Examine the scenario and determine which principle of International Law is at play.

Nation A makes is illegal for its citizens to own more than one vehicle in order to reduce emissions. Nation A’s neighbor Nation B disagrees with the decision and refuses to enforce it in its own borders but refrains from contesting the decision in court. o Comity of Nations o Sovereign Immunity o Act of State Doctrine 40. Determine which moral standard of social responsibility the business is observing.

Earl's company wants to change the material it uses for its products to a cheaper, less-durable material. Processing the material causes more waste and the final products will not be as safe for customers. o Corporate Citizenship Moral Standard o Moral Minimum Standard o Profit-Maximizing Moral Standard o Indeterminable o Stakeholder Theory Moral Standard

ETH 321T Week 2 Practice Assignment (New) Complete the Week 2 Practice Assignment in MyEducator.

ETH 321Week 2 Practice Assignment 1. What is the definition for a foreign corporation? o A business formed outside the U.S. o A business formed in a different state o A business that passes profits directly to shareholders o A business formed within a state 2. o o o o

What is the definition for a Subchapter S corporation?

A business formed outside the U.S. A business that passes profits directly to shareholders A business formed in a different state A business formed within a state

3. Wade and Hunter want to start a business. They have a large amount of capital. They have a good working relationship and believe they will do well sharing management responsibility and in sharing profits. They are happy to be organizing a business together in order to avoid full liability

for the business. Which detail(s) of this situation would be most unhelpful toward Wade and Hunter’s decision to organize a general partnership? o Sharing profits o Avoiding full liability o Sharing management responsibility o Large amount of capital 4. o o o o

What is a public corporation?

A business with a small number of shareholders A business formed to assist experts in a particular business field A business with a large number of shareholders A business formed by the government

5. o o o o

What is a closely-held corporation?

A business with a small number of shareholders A business formed by the government A business with a large number of shareholders A business formed to assist experts in a particular business field

6. Albus wants to build a business. He wants to start the business fast and reach a large customer base, but he only has a small amount of opening capital. He has no partner with whom to form the business. Which of the following is not a valid reason for Albus to choose a sole proprietorship organization for his business? o Has no partner with whom to form the business. o Wants to start the business fast o Wants to reach a large customer base o Small amount of capital 7. o o o o

Which of the following is false concerning LLCs? LLCs can be taxed as corporations.

LLC owners are called members.

LLCs are formed in much the same way as a general partnership.

LLCs are governed by state statute.

8. Tawny wants to be involved in a business. She has lots of capital to invest and she wants to be involved in management, but does not want to be exposed to personal liability for losses the business might incur and she does not want to have to pay excessive taxes on her gains. Which form of business would be best for Tawny? o o o o

General partnership Corporation Sole proprietorship LLC

9. Kim wants to be involved in a business but is not sure what type of business to join or create.

She has some capital to invest, several years of managing experience, and a good network of potential investors and partners. What role would be best for Kim? o More than one possible option o General partner in a general partnership o General partner in a limited partnership o Limited partner in a limited partnership 10. Jaden works for LeoHart. He meets with a team to discuss shareholders’ interests and assign managers to run certain parts of the company. What is Jaden’s position in the company? o o o o

Director Shareholder Executive and shareholder Executive

11. Leo and Josh have a welding business organized as a general partnership. A customer comes into the business seeking a welding contract. Leo agrees to do the work for the customer as a separate project from his business with Josh. Which of the following is true? o Leo is free to make contracts separate from his business with Josh. o Leo may make a separate contract with the customer as long as the customer doesn’t already have a contract with the business itself. o Leo cannot contract with the customer unless the customer has had previous business dealings with Leo. o Leo has usurped the concept of joint ownership of the business.

12. Del organized his business in Alaska. He does business in both the U.S. and Canada. In Texas, Del’s business would be considered a(n) __________ corporation. o Domestic o Foreign o Alien o None of the above 13. o o o

What type of franchise would a car dealership typically belong to?

Plant-processing franchise Distributorship Chain-style franchise

14. o o o o

Which of the following is true concerning bonds?

Bonds are considered assets.

As company’s credit increases, the interest on its bonds tend to decrease.

A bond is an equity interest.

A bond’s collateral is always based on physical assets.

15. o o o o

The primary purpose for a company’s issuance of stocks is: To increase shareholders’ income To clarify ownership levels for shareholders To increase a firm’s leverage To raise capital

16. The board of directors for Glenncorp makes an investment in distribution services that ultimately result in a net loss for the company and its shareholders. Shareholders in the company may: o Sue the board of directors. o Do nothing, as the board is protected by the business judgment rule o Demand compensation for their losses in proportion to their number of shares o Sign a petition to fire the board of directors 17. Hector is opening a sole proprietorship. Which of the following would not be included in a list of possible steps Hector would take in setting up his business? o o o o

Obtain federal government approval Publish his fictitious business name Obtain a local business license File a d/b/a statement

18. Reed works for Marimart. He assembles components for consumer products. He also conducts training for new hires at Marimart. Reed additionally purchases stock in the company?

What is Reeds position in the company? o Executive o Shareholder o More than one option o Director 19. Papapop makes a franchise agreement with a bottling factory to sell its product to the company for bottling and subsequent sale. Over the next several years, Papapop steadily demands a higher percentage of the bottler’s profit from sales. Which of the following is true? o Papapop may demand a higher percentage without restriction. o Papapop is restricted from demanding a higher profit percentage if such increases are arbitrary. o None of the above o Papapop is restricted from demanding a higher profit percentage.

20. Chloe is a non-executive supervisor at her company. She directs other employees but has no control of financial information or decision-making responsibilities. She would be responsible for contributing to which of the following areas? o Disclosure and transparency o Maintaining a strong board of directors

o o

Promoting integrity and ethical behavior Safeguarding the rights and interests of shareholders

21. o o o o

Which of the following is not a basic requirement of good corporate citizenship?

Strong and vigilant board of directors Disclosure Ethical environment Provision of benefits to employees

22. Under the notion of effective corporate governance, which of the following is not an example of an internal control? o Accounting disclosure requirements o Performance reviews for managers o Employee satisfaction surveys o Reporting to shareholders

ETH 321T Week 2 Apply Assignment (New) Review the Week 2 Practice Assignment to help prepare for this assignment.

Complete the Week 2 Apply Assignment in MyEducator.

ETH 321 Week 2 Apply Assignment 1. Abigail is a manager at her company. The company just launched an initiative to improve its corporate citizenship practices. Abilgail is responsible for all but which of the following areas? o Safeguarding shareholders' interests o Disclosure and transparency o Vigilance of the board of directors o Integrity and ethical behavior 2. Which of the following roles best fits the situation?

Apol wants to start or join a business but is not sure which business organization would be best.

She has a large amount of capital but does not yet have any partners who can invest or effectively manage the business. o Neither a limited or general partner would be a good choice. o Limited partner in a limited partnership. o General partner in a limited partnership.

3. o o o

What is the appropriate description for a distributorship?

A franchisee sells a franchisor’s product in a specific geographic area.

A franchisee produces and sells a franchisor’s product using the franchisor’s name.

A franchisee makes or sells a franchisor’s product.

4. o o o

What is the appropriate description for a plant-processing franchise?

A franchisee produces and sells a franchisor’s product using the franchisor’s name.

A franchisee sells a franchisor’s product in a specific geographic area.

A franchisee makes or sells a franchisor’s product.

5. o o o

What is the appropriate description for a chain-style franchise?

A franchisee sells a franchisor’s product in a specific geographic area.

A franchisee produces and sells a franchisor’s product using the franchisor’s name.

A franchisee makes or sells a franchisor’s product.

6. J-Chron's board of directors periodically meets with the CFO of the company. The CFO reports on the financial status of a company project, after which the board inquires about the project's compliance with legally-required accountings principles. It asks no other questions about the project. Which of the following is true? o The board is not meeting any basic vigilance requirements. o The board is meeting legally-required vigilance standards, but not necessarily those which would protect shareholders' interest. o The board is meeting all of its vigilance requirements. o The board is not legally required to meet vigilance requirements.

7. Lily wants to build a business. She has very little capital. She does, however, have a partner with which she could run a business. Lily wants to be able to avoid being held personally liable for any problems the business has. Which of the following would lead Lily to choose a sole proprietorship organization for her business? o Avoidance of personal liability o Little capital o Possession of a partner o None of the above 8. Which description that properly completes this prompt?

Zoey is the CEO of a corporation she organized herself with 15 shareholders. The company operates in several states, as well as outside of the U.S. Her business consists mostly of training services for in-home medical care personnel. Her company would be a __________ corporation. o Closely-held o Alien o Domestic o Subchapter S o Professional 9. Which description that properly completes this prompt?

Tucker works for a retail distribution company that was recently started. Tucker has invested a lot of his earnings into shares of the company. When quarterly earnings are posted, Tucker receives a check for 8% of the quarterly profit of the company. Tucker belongs to a __________ corporation. o Professional

o o o o

Closely-held Subchapter S Alien Domestic

10. Which description that properly completes this prompt?

Lenny organized his business in Delaware. He has customers in Delaware, other states in the U.S., and in foreign countries. Lenny’s business is __________ in Delaware. o Domestic o Subchapter S o Professional o Closely-held o Alien 11. Juan wants to be involved in business. He has plenty of capital to invest, but he does not want to be involved in management. He also does not want to worry about fluctuations in the market prices of debt and equity instruments. Which form of business would be best for Juan? o Corporation o Sole proprietorship o General partnership o LLC 12. Noodleoo, a struggling restaurant chain, wants to enact a franchise agreement with Stephen to sell its product through a chain-style franchise. Stephen agrees and opens the store, and 6 months later Noodleoo goes bankrupt. Which is most likely true of this situation? o If Noodleoo was not transparent with its financial data, Stephen has no recourse. o More than one response is correct. o If Noodleoo was transparent with its financial data, it owes no recompense to Stephen. o If Noodleoo was not transparent with its financial data, it has broken the franchise rule.

13. Sandy works for RigorMart. She supervises regional managers and directs them based on orders from the board of directors. Sandy’s position also entitles her to stock ownership in the company. What is Sandy’s position in the company? o Executive and shareholder o Executive, shareholder, and director o Shareholder o Executive 14. Which of the following roles best fits the situation?

Kevin wants to create a business but is not sure what role is best for him. He has capital to invest.

He has several partners with which he can begin a business. He has the most management experience of all his potential partners. o General partner in a limited partnership. o Neither a limited or general partner would be a good choice.

o

Limited partner in a limited partnership.

15. Rita wants to be involved in business. She has a fair amount of money to invest, but she does not want to be involved in management. She wants to form a business in the quickest way possible under her circumstances. Which form of business would be best for Rita? o Limited partnership o Sole proprietorship o Corporation o LLC 16. Cadence works for WilderCorp. She meets with a team to make all-encompassing decisions concerning the direction of the business. She also personally supervises managers and conducts training for supervisors and plant managers. Cadence also buys stock in WilderCorp. What is Cadence’s position in the company? o Executive o Director o More than one option o Shareholder 17. Kara wants to build a business. She has plenty of capital and potential investors and partners.

She wants to avoid the burden of sole liability for her business and wants to be able to close the business when she is no longer interested in it. Which of the following would lead Kara to choose a sole proprietorship organization for her business? o Many potential investors/partners o Ability to close the business easily o Plenty of capital o Avoidance of sole liability 18. What role best fits the following situation?

Manny wants to be involved in a business but is not sure which type of business to join or create.

He has capital to invest. He has a good network of potential investors and partners. He has no experience in management. o General partner in a limited partnership. o Limited partner in a limited partnership. o Neither a limited or general partner would be a good choice.

19. Koffman Corporation is trying to raise capital. What method would be the least risky to raise capital if it has a less-than-favorable credit rating? o Bond issuance, since additional debt can provide the company with more leverage. o Stock issuance, since a credit rating won’t negatively affect Koffman’s ability to sell stock. o Bond issuance, since nobody wants to buy shares of a company with a less-than-perfect credit rating. o Stock issuance, since stocks are more valuable as finance instruments.

20. Which description that properly completes this prompt?

Hal organized his business in Canada. Most of his customers are in Montana. In Montana, Hal’s business would be considered a(n) __________ corporation. o Professional o Alien o Domestic o Closely-held o Subchapter S

ETH 321T Week 3 Practice Assignment (New) Complete the Week 3 Practice Assignment in MyEducator.

ETH 321 Week 3 Practice Assignment 1. Lexi buys a food processor and uses it without any problems. She loans the processor to Jill, and Jill is injured when a part flies off the machine. If the former rule of privity of contract were in place, which of the following is true? o Lexi can hold the manufacturer liable for Jill’s injury. o Jill can hold the manufacturer liable for her injury. o Jill can hold the manufacturer liable for her injury as long as Lexi was in the room when she got hurt. o Jill cannot hold the manufacturer responsible for her injury.

2. For years, Lily has been thinking up a plan to pull off a perfect bank robbery. She tells someone about her plans but never robs the bank. Which of the following is true? o Lily has committed a crime because robbing a bank is a serious offense. o Lily has committed a crime because she told someone about her plan. o Lily has not committed a crime if it is determined that her intent is not real. o Lily has not committed a crime because she never acted on her plan.

3. o o o o

What is the definition of the business crime of fraud?

Permanent taking of property against a fiduciary relationship Conducting transactions with money which has been obtained through illegal means Agreement and planning to commit another crime Use of false pretenses to obtain property

4. What is the definition of insanity as a defense to crime? o The defendant lacks understanding of what is right or wrong o Trauma, illness, or a mental condition inhibits the defendant from being able to commit a crime o The defendant's crime was committed due to unintentional misunderstanding o The defendant is impaired from an ability to commit a crime with intent

5. Which of the following is true of defamation? o The defamatory information may or may not be true to be actionable. o A defamation tort exists whether the defamatory information was spread accidentally or on purpose. o A defamation tort only exists when ten or more people hear the defamatory information. o Both B and C 6.

Rank these types of crimes from most to least serious:

o o o o

Capital, misdemeanor, felony, infraction Infraction, felony, misdemeanor, capital Capital, felony, misdemeanor, infraction Felony, infraction, capital, misdemeanor

7. o o o o

Which of the following classifies as a tort?

Kidnapping Embezzlement Assault Burglary

8. o o o o

Which of the following would least likely qualify as trespass to chattel?

Having your neighbor’s cat spayed while your neighbor is on vacation Dying your boss’s suit pink as a prank Borrowing your dad’s car to get it waxed Conducting a cyberattack to infect a victim’s computer with spyware

9. o o o o

Which of the following is not a case of negligence?

A butcher plays audio of howling dogs in the back of his shop to prank customers A doctor prescribes the wrong pills to a patient A building manager fails to repair an elevator and people get stuck inside A driver falls asleep at the wheel and causes an accident

10. o o o o

What is the definition of the business crime of larceny?

Taking property under threat of force Permanent taking of property against a fiduciary relationship Unlawful entrance with intent to commit a crime Unlawful, permanent taking of personal property

11. What is the result of frolic and detour? o Removes liability from an employer while an employee pursues personal interests o Imposes liability on an employer when an employee pursues both personal and business interests o Removes liability from an employer while an employee is commuting

12. Jill and Carey have an agency relationship wherein Carey serves as an agent finding painting contracts for Jill. When Carey gets pregnant and wants to stop working for Jill: o Carey has a duty to finish residual obligations under the agency. o Jill has a duty to finish residual obligations under the agency. o Carey may not terminate the agency without Jill’s approval. o Jill can do nothing.

13. Which of the following would be considered a situation of illegal employment discrimination? o Rose, who has a disability, is rejected from a job position because she didn’t like the accommodation the employer offered her. o Gray, who has a disability, is rejected from a job position because he doesn’t meet the essential job function qualifications. o Marianne, who has a disability, is rejected from a job position because her employer has no experience accommodating persons with disabilities. o Nicole, who has a disability, is rejected from a job position because her employer would have to pay too much for her accommodation.

14. Shane’s business was recently forced by the OFFCP to enact an affirmative action plan in order to equalize the predominantly-white workforce. Jerome, a minority member, applies for the job and is rejected. Which of the following is true? o Shane doesn’t have to hire Jerome if he doesn’t meet the job’s specifications. o Jerome was required to be hired for Shane’s business, and he may sue Shane’s business. o None of the above are true. o Jerome was required to be hired for Shane’s business, and the OFCCP can sue Shane’s business.

15. UrbanoCorp fires Alyssa, a 40-year-old employee. Which of the following is false? o If UrbanoCorp has less than 20 employees, it doesn’t have the burden of proving it had a legitimate reason for firing Alyssa. o If UrbanoCorp has more than 20 employees, Alyssa has the burden of proving the company fired her because of her age. o If UrbanoCorp has less than 20 employees, Alyssa can’t sue the company for age discrimination. o If UrbanoCorp has more than 20 employees, it will have the burden of proving it had a legitimate reason for firing Alyssa.

16. Quintin is a floor manager at a manufacturing plant. He oversees a diverse group of more than 50 employees. Based on what he feels are their natural abilities, Quintin has his African American workers on the assembly line, his white workers in Packing, and Hispanic workers in Receiving. Which of the following is true? o Quintin’s work assignments are unallowable because they give more favorable positions to Quintin’s preferred class of worker.

o Quintin’s work assignments are unallowable because they segregate and classify employees. o Quintin’s work assignments are allowable because his work force is diverse and nobody is being treated unfairly. o Quintin's work assignments are allowable because his discrimination doesn’t affect hiring or the conditions of employment.

17. DJ, an agent, is negotiating contracts for his boss’s company. While in the course of seeking out contracts for his boss, DJ discovers a business opportunity that he would like to take advantage of. Which of the following is true? o DJ may take advantage of his own business opportunities. o DJ may take advantage of the opportunity as long as it does not conflict with the interests of his boss and the agency relationship. o DJ may not take advantage of his own business opportunities. o DJ May not take advantage of the opportunity unless he ends his agency relationship with his boss.

18. Shannah is a facilities coordinator working for a public university. She oversees a dozen employees doing custodial work and often ends up working over 40 hours per week. Which of the following is true? o Shannah may be paid with compensatory time. o Shannah is an exempted employee. o More than one answer is correct. o Shannah does not have to be paid overtime pay.

19. o o o o

Which of the following was not an effect of the Norris LaGuardia Act? Prohibition against yellow dog contracts Rules removing unionization activities from the Sherman Act prohibitions Prohibition of federal injunctions in labor disputes Rules concerning collective bargaining

20. o o o

What is the definition of Wildcat strike?

A strike used by a union to make management follow the law A strike used by a union to make management meet its demands A strike not authorized by the union

21. Red is a union official. He is faced with a problem when a union member breaks a union bylaw. To address the union member’s fault, Red and union officials meet together and decide to kick the union member out of the union. Which of the following is true? o The officials may discipline the union member without question. o The officials may do nothing. o The officials may discipline the union member only if he committed a crime. o The officials may discipline the union member after hearing his case.

22. Which of the following is false concerning workers’ concerted activity?

o Only union members may engage in concerted activity. o Concerted activity is any effort of employees to join together to seek improvements in working conditions. o Concerted activity is protected under Section 7 of the NLRA. o Workers are protected from employer discrimination when they engage in concerted activity.

23. o o o o

With respect to labor unions, employers used __________ to halt early unionizing efforts.

Yellow dog contracts Federal injunctions Antitrust laws All of the above

24. o o o o

Wages and hours are considered a(n) __________ bargaining subject.

Permissive Yellow Dog Mandatory Illegal

25. Paige used up her 12 weeks of FMLA leave already this year in order to take care of her sick husband. If Paige herself gets a serious medical condition, which of the following is true? o Paige’s employer can choose not to fire her even if she takes more leave time off. o Paige is out of FMLA leave and has no recourse. o More than one response is correct. o Paige is entitled to 12 weeks of FMLA leave for herself.

ETH 321T Week 3 Apply Assignment (New) Review the Week 3 Practice Assignment to help prepare for this assignment.

Complete the Week 3 Apply Assignment in MyEducator.

ETH 321 Week 3 Apply Assignment 1. Which crime is BEST represented by the following situation?

Jeff decides that it is time to clean up his act and stop manufacturing bong pipes in his basement.

He uses $15,000 from bong pipe sales to open a children’s toy store. The next day, the police bust Jeff for his sale of drug paraphernalia. o Robbery o Money Laundering o Larceny o Embezzlement 2.

Penny is seen organizing racks at a local clothing store one day while she shops, and the

manager offers her a job. The next day, Penny’s boss from the clothing store across the street comes in and accuses the manager of trying to interfere with Penny’s non-competition agreement.

Which of the following is true? o The manager is interfering with Penny’s business relationship with her boss. o The manager has committed legitimate interference with a contractual relationship o The manager has done nothing wrong because non-competition agreements are never used in clothing retail. o The manager has done nothing wrong.

3. While on a hike with a tour group in the mountains, Derek gets mauled by a bear. No previous reports of bears in the area had been made. Derek wants to hold the tour company liable for his injury. Which of the following is most likely true? o Because most people would not expect something as dangerous as a bear encounter while on a hike, an assumption of risk defense will probably not protect the tour company. o Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack. o Because hiking is known to have some elements of danger, Derek assumed the risk of a bear attack by joining the tour group. o The company is not at fault because it does not owe Derek a duty of care.

4. NuKere, a nuclear plant, accidently leaks hazardous waste onto a nearby property, despite having recently passed a rigorous set of safety checks. Under standards of strict liability, which of the following is true? o Nukere cannot be held liable because anyone living nearby assumes the risk of hazardous waste toxicity. o NuKere cannot be held liable, as it just passed a strict set of safety checks. o Nukere should be held liable because of the dangerous nature of hazardous waste.

Regardless of safety checks, the accident happened. o NuKere can be held liable only if there is concrete physical evidence of harm to people or property.

5. Match each example situation to the defense that would most likely apply to it. (Whether or not the defense will work is not relevant for this question.)

Jesse’s mother dies. Due to the trauma, Jesse breaks into an ice cream shop and steals all the ice cream and is later caught. o Entrapment o Diminished Capacity o Mistake of Law 6. Eduardo is working his way up the ladder in the world of amateur boxing. He makes a stinging remark about his next opponent on TV by saying that his opponent is a coward who probably practices boxing by beating up his wife. Which of the following is true? o Eduardo is not being defamatory because his remarks are statements of opinion only. o Eduardo is not being defamatory because it is obvious that the statement must be false.

o o

Eduardo is being defamatory because his remarks may harm his opponent’s reputation.

Eduardo is being defamatory because the information he published is true.

7. Rebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that: o Rebekah is liable even though she had no illegal intent o Rebekah is not liable because she had no illegal intent o Rebekah is not liable if someone else was witnessed planting the marijuana o Rebekah is liable only if she was found to be negligent in not recognizing the marijuana 8. o o o o

What type of crime is petty theft?

Felony Infraction Misdemeanor Capital Crime

9. Match each example situation to the defense that would most likely apply to it. (Whether or not the defense will work is not relevant for this question.)

Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth’s drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf. o Mistake of Fact o Duress o Involuntary Intoxication 10. Jennifer took a video recording of Jack and Alice fighting in an alley. Jack and Alice disclose multiple private facts about each other through the course of the argument. Jennifer posts the fight on the internet. Which of the following is true? o Jack and Alice can take no action, because Jennifer is not a professional videographer. o Jack and Alice can make a tort claim against Jennifer for public revelation of private facts. o Jack and Alice can take no action, since they were fighting in a public place. o Jack and Alice can make a tort claim against Jennifer for false light.

11. Which of the following situations would not substantiate a tort claim of infliction of emotional distress? o Offensive behavior when a duty of care is oweds o Offensive behavior when a person is feeling especially vulnerable o Repetitive offensive behavior o Behavior that a reasonable person would find distasteful 12. o o o

What type of crime is money laundering?

Felony Infraction Misdemeanor

o

Capital Crime

13. Match the following situation to the true statement that suits it best. "Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.

Tiana runs an employment agency distributing work assignments to many workers who then work for whatever employer they are assigned to. o May discriminate, no qualifier o May discriminate, subject to type of business involved o May not discriminate, subject to time lapse o May not discriminate, no qualifier 14. Marley goes outside the duties of her agency in negotiating a business contract between her principal and a customer. Which of the following is true? o If the principal disavows the contract Marley made, it still must pay for the work. o The principal is required to ratify the contract Marley made, and also to pay her for her work. o If the principal ratifies the contract Marley made, it must pay her for the work. o Even if the principal ratifies the contract Marley made, it does not have to pay her for the work.

15. For the following prompt, which response it aligns best?

Elaine is a secretary for a business. One day a customer comes in to file a new contract while Elaine is seated at her boss’s desk. The customer assumes Elaine is a person of authority, and Elaine is knowledgeable enough to help the customer file the contract. o Enforceable or unenforceable - no agency o Enforceable or unenforceable w/ agency o Enforceable via factor agent o Enforceable via employee agent 16. Which of the following would be considered a situation of legal employment discrimination? o Charlie, who does not have a disability, is rejected from a job position because the employer thinks he has a disability. o Rene, who has a disability, is rejected from a job position because another candidate did not have a disability. o Meryl, who has a disability, is rejected from a job position because she doesn’t have a certification for the job she would be doing. o Sheryl, who has a disability, is rejected from a job position because the employer would have to pay for an accommodation.

17. Kenzie is a broker agent hired to make a deal for the purchase of an office building. Kenzie sells the building.

What is the result related to the status of the agency? o Agency is terminated by incapacity

o o o

Agency is terminated by fulfillment Agency is terminated by law Agency is not terminated

18. Which statement matches the following scenario?

Joy is a supervisor over Elias. She repeatedly solicits sexual behavior from Elias and does other inappropriate actions that a reasonable person would find offensive. Elias has not solicited the behavior and finds it unwelcome. Joy never imposes a tangible job action against Elias. o Not guilty of sexual harassment, no qualifier o Not guilty of sexual harassment, dependent on harassee o Guilty of quid pro quo sexual harassment o Guilty of hostile work environment sexual harassment 19. Penn commits a tort while acting in the interest of her undisclosed principal.

Who is responsible or liable? o Agent only o Principal and agent o Principal only 20. Which statement corresponds to this specific situation?

Virgil and Suzanna both apply for the same job. Virgil is 55 and Suzanna is 60. They have the same qualifications and experience. Virgil is turned down and Suzanna is hired. o Employer may legally discriminate based on number of employees o Employer may not legally discriminate o Employer may legally discriminate based on BFOQ o Employer may legally discriminate because the law doesn't apply to this situation 21. Orlando’s business wants to enact an affirmative action plan. Which of the following would not be a part of the process? o Setting a timeframe for when the business plans to achieve a certain percentage of minority workers o Firing majority workers who perform the least well. o Reviewing the current workforce o Determining why using an AA plan might be necessary or wise 22. Which statement matches the following scenario?

Layne is romantically interested in his employee, Brenda. He keeps asking her out, and she repeatedly has to turn him down. o Guilty of quid pro quo sexual harassment o Not guilty of sexual harassment, dependent on harassee o Not guilty of sexual harassment, no qualifier o Guilty of hostile work environment sexual harassment

23. Match the following situation to the true statement that suits it best. "Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.

Alfonso prefers only to hire Latino workers because they “fit in” easier with his 12 employees.

During a busy season, Alfonso hires three extra workers to help keep up with business, then lets them go when the busy season is over. o May discriminate, no qualifier o May not discriminate, subject to time lapse o May not discriminate, no qualifier o May discriminate, subject to type of business involved 24. Felipe is an illegal immigrant seeking work in the U.S. He is hired by a small factory doing manual labor. When it is discovered that Felipe is an illegal immigrant: o Felipe can be deported, and the employer can be punished. o Felipe can be deported, and the employer will not be punished. o Felipe cannot be deported, but the employer can be punished. o Felipe cannot be deported, and the employer will not be punished.

25. For the following prompt, which response it aligns best?

Megan’s boss is out of town. While she is gone, the company receives a critical tax bill from the state that must be paid immediately. Megan does not have authority to pay bills, but arranges for the company to pay the bill anyway. o Enforceable via employee agent o Enforceable or unenforceable - no agency o Enforceable via factor agent o Enforceable or unenforceable w/ agency 26. Which statement corresponds to this specific situation?

Rowan owns a computer programming business with 15 employees. He is hiring a new employee, and he turns down a 45-year-old man because he is “too old to keep up with the rest of the group.” o Employer may legally discriminate based on number of employees o Employer may legally discriminate because the law doesn't apply to this situation o Employer may not legally discriminate o Employer may legally discriminate based on BFOQ 27. Cathy works in a welding shop. While working one day, a pipe falls from scaffolding above and lands on her head, injuring her. Cathy complains to OSHA, but the company argues that because it has a “watch out for falling pipe” sign in the workplace that it gave fair warning. It also says that if Cathy wasn’t wearing a hardhat that she is responsible for her own injury. Which of the following is true? o Cathy’s employer may not be held liable for her injury if it fulfilled compliance and general duty requirements. o Common law rules could hold Cathy responsible for her own injury. o OSHA rules can hold Cathy’s employer responsible for not maintaining a hazard-free

workplace. o More than one answer is correct.

28. o o o

Training opportunities are what kind of a bargaining subject?

Mandatory bargaining subject Permissive bargaining subject Illegal bargaining subject

29. o o o o

Which of the following was an effect of Norris LaGuardia?

Prohibition against eliminating unions Prioritization of employment to a worker over a worker to his or her business Enforcement of federal injunctions.

Prohibition against concerted activity.

30. Based on the description for this person, determine if he or she is eligible for overtime pay.

Maddox is Gordon's 17-year-old son. He is a whiz at repairing machines and is employed doing so at the factory full-time during the summer. He has already worked 40 hours this week, but some machines still need repaired. o Maddox must be paid overtime o Maddox cannot work overtime 31. For the scenario, determine whether or not the person should be covered by worker's compensation protections.

Noel is on break at work and is bored. He climbs up on a conveyer belt and comically uses it as a treadmill. He slips on the belt and falls down, and his hand gets stuck in the belt and is injured.

Noel's actions are typical, and his employer knows that he usually engages in this kind of behavior. o Noel will be covered o Noel will not be covered 32. Based on the description for this person, determine if he or she is eligible for overtime pay.

Ella makes minimum wage. Her job title is “System Assembly Supervisor.” She primarily spends her workday putting together electronic components. She is asked to work more than 40 hours this week to meet a deadline. o Ella must be paid overtime o Ella cannot be paid overtime 33. For the scenario, determine whether or not the person should be covered by worker's compensation protections.

Vicente works at a factory. While he is working, a coworker negligently trying to spin donuts in a forklift runs into him, causing an injury to both workers. o Vicente will not be covered o Vicente will be covered

34. Cynthia is a union member at her company. She files a complaint against the union because of what she feels is an unfair rule. Which of the following is true? o Cynthia can have her union membership stripped from her if she files a complaint. o Cynthia can file a complaint with the union only. o Cynthia cannot complain to the union, but she may sue it instead. o Cynthia may sue the union if her complaint to the union doesn’t resolve her problem.

35. Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true? o Buster is entitled to the leave he is asking for. o Buster cannot be fired for reasons aside from his need to take leave. o Buster’s employer can fire him because he wants to take more leave. o Buster cannot take any more leave if he has also used up his sick leave and vacation days.

36. Darlene and her friends get together for lunch after work. While at lunch, the friends discuss what they can do to solve the problem with excessive overtime at work. Which of the following is true? o Darlene and her friends are not engaging in concerted activity because they are not in a union meeting. o Darlene and her friends are engaging in concerted activity only if they are union members. o Darlene and her friends are engaging in concerted activity since they are discussing how to improve working conditions. o Darlene and her friends are not engaging in concerted activity because they don’t plan to talk to management about the problem.

37. For the scenario, determine whether or not the person should be covered by worker's compensation protections.

Ginger works at a shop as a mechanic. One day at work, a fellow employee is pinned under a car when a jack fails. Ginger rushes over to help, and while trying to lift the car suffers a stroke. o Ginger will not be covered o Ginger will be covered 38. Read the scenario and determine what result the law requires.

The union at Elsa’s firm is on strike because the company has not been following OSHA safety standards. During the strike, management hires a new person to take Elsa’s place. When the strike finally ends, Elsa wants her job back. o Elsa may not receive her job back o Elsa must receive her job back 39. Based on the description for this person, determine if he or she is eligible for overtime pay.

Gordon has already worked 40 hours this week and is asked to come in to work again. Gordon is a manager who constantly has to make decisions about the business's operation. o Gordon cannot be paid overtime

o

Gordon must be paid overtime

40. Which of the following phrases correctly completes the statement?

Al’s Fine Winery has had workers attempting to ban together to form a union. Al’s wants to avoid letting the workers gain too much power by eliminating new workers’ option to join a union at all.

Al’s will likely utilize ____________. o Yellow dog contract(s) o Criminal conspiracy law(s) o Federal injunction(s) o Antitrust law(s)

ETH 321T Week 4 Practice Assignment (New) Complete the Week 4 Practice Assignment in MyEducator.

ETH 321 Week 4 Practice Assignment 1. What is the correct definition of assignee? o A person accepting contract duties o A person accepting contract rights o A person making a contract assignment o A person transferring contract duties 2. o o o o

Which of the following contracts are not required to be in writing?

A contract between Glinda and her mother for her to not marry her boyfriend Harry.

A contract for labor intended to finish before one year A contract to lease property with a guaranty contract A contract to sell real estate, with $800 per month payments

3. Callie wants to work for an insurance firm. Before she is hired, the firm wants her to sign a non-compete agreement that she will not work for any other insurance firm in the state or any surrounding state for the next ten years. Which of the following is most likely true? o This agreement is legal as long as Callie can find a job at least one year after she quits. o This agreement is probably too excessive to be enforceable. o This agreement is legal and enforceable. o This agreement is illegal and punishable under usury laws.

4. Claire and Donny want to use a contract to enforce a business deal. Which of the following would most solidly enforce to terms of their agreement? o An informal, implied contract o An informal, express contract o A formal, express contract

o

A formal, implied contract

5. Stetzon, a merchant, makes an unconscionably unfair deal with another merchant, Cheri.

Cheri wants to pursue a remedy when she discovers her disadvantage in the contract. What recourse does Cheri have under UCC? o Cheri may rewrite the contract, to which Stetzon must comply. o As a merchant, Cheri has no recourse. o Cheri may have a court alter the contract. o Cheri may wholly void the contract.

6. o o o o

What are punitive damages?

Damages awarded to cover a foreseeable loss Damages awarded to punish gross breaches of contract Damages awarded when non-breaching party sues a breaching party Damages awarded to return a non-breaching party to its former position

7. o o o o

What is the correct definition of offeror?

Offeror’s withdrawal Offeree’s refusal Person who receives an offer Person who sets the terms of an offer

8. o o o o

What are compensatory damages?

Damages awarded to cover a foreseeable loss Damages awarded to return a non-breaching party to its former position Damages awarded when non-breaching party sues a breaching party Damages awarded to punish gross breaches of contract

9. o o o o

What is the definition of Fraud?

An intentional misrepresentation of material fact A unilateral of bilateral misunderstanding of value or fact Pressure exerted on a person to force him or her to perform under serious threat Domination of another person so thoroughly as to remove free will

10. Which of the following would most likely qualify as substantial performance? o Vivian is under contract to paint 10 paintings, but only finished 8 because she is offered a more lucrative contract from someone else. o Leroy doesn’t finish his last 3 days of yard work under contract because his mother has a medical emergency. o Lily contracts to paint house green, but decides to paint it blue instead. o Out of spite, Wally stops performing work 10 days before his contract is finished.

11. Lou picks up a desktop mouse he finds lying on a desk at school. The next day Travis recognizes the mouse as the one he left behind the day before but tells Lou he “might as well have

it.” The mouse is: o A gift o Abandoned property o Mislaid property o None of the above 12. o o o o

Which of the following is a definition of novelty?

An invention’s characteristic of advancing ideas or stepping forward How an invention works Usefulness of an invention Newness of an invention

13. o o o o

Which of the following would most likely be considered fair use?

Playing a newly-released movie at a free drive-in movie Selling copies of music CDs that you burned yourself.

Replicating the choreography of a famous dancer for use in your own stage production Playing an actor’s short film in school and doing a speech review of the work.

14. Perry started a new company called Thixxix, along with a distinctive trademark mark meant to identify the company. Perry doesn’t bother to register the trademark. The year following the creation of his company, Perry sees a trademark logo for another company that looks just like the mark for Thixxix. Which of the following is true?

15. Torey broke into a competitor’s office to steal a trade secret. She is eventually caught. If she has gained from the use of the trade secret, which of the following is true? o Torey must stop using the trade secret for her benefit. o More than one response is correct. o Torey must give the profits she has made to the competitor. o Torey will pay her competitor for lost profits.

16. BooneTech has a superior instrumentation system for doing work in its factory. It regularly offers tours so people can come and observe the special equipment. When a competitor begins to use similar equipment, BooneTech sues the competitor for utilizing a trade secret. Which of the following is true?

17. Which of the following is the correct definition of utility? o Usefulness of an invention o An invention’s characteristic of advancing ideas or stepping forward o How an invention works o Newness of an invention 18. o o o o

Which of the following is the correct definition of non-obviousness?

Newness of an invention Any process, machine, manufacture, or composition of matter Usefulness of an invention An invention’s characteristic of advancing ideas or stepping forward

19. Jerry wants to rent out living space to a tenant. He wants the benefit of steady rent payments and the ease of evicting the tenant when he feels it would be convenient. Jerry also wants to formalize the tenancy with a rental agreement so that his rights and privileges are explicitly accounted for and agreed to in writing. Which form of tenancy should Jerry use in renting out his space? o Tenancy at sufferance o More than one option is correct o Tenancy at will o Periodic tenancy 20. o o o o

A __________ may have an infinite duration.

Tenancy at will Tenancy at sufferance More than one option is correct Periodic tenancy

ETH 321T Week 4 Team - Apply: Internet-Based Contracting Issues

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Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process. The management team asks you, the company’s contract manager, to work with your team and address their concerns that include the following: Great Buys isn’t sure it has a binding contract with its customers, since the contract is completely online and in electronic format.

Consumers have argued they are not bound to the online contract because there’s no handwritten “pen and ink” signature.

Great Buys also wants to know if any international laws will apply once the company starts selling its electronic products internationally.

Great Buys has been sued in different state courts all over the country, and it would like to know if an arbitration clause requiring that arbitration be conducted in New York City will be enforceable.

Great Buys would also like to know the types of intellectual property (IP) that should be protected and the IP clauses that would beneficial for them to add to the contract.

Finally, Great Buys wants one or two suggestions for improving its internal business procedures so that customer product complaints don’t turn into contract-related claims or lawsuits.

Create a 7- to 10-slide Microsoft® PowerPoint® or Prezi® presentation with visuals and speaker notes that provides answers to Great Buys’ concerns, as well as recommendations for specific contract clauses or language. Your Learning Team can incorporate graphics, animation, or interactive PowerPoint features, such as Designer

and Morph (some features require a valid Microsoft Office 365 subscription), consistent with the University of Phoenix’s guidelines for use of third-party materials. Your Learning Team should determine how to allocate tasks among team members, and submit a single PowerPoint or Prezi presentation (do not submit presentations by individual Learning Team members).

Note: Prezi presentations cannot be uploaded to the classroom. Please provide your instructor with the link to the presentation on the web. Prezi will provide you with a URL link to the presentation. If you are having trouble submitting your assignment, contact your instructor.

Format your assignment according to APA citation guidelines.

Submit your assignment.

ETH 321T Week 4 Apply Assignment (New) 1. Tanner has too much work to do to fulfill his contract obligations to Fin. He tells his employee Lil to take care of his duties instead. Determine the status of each person. o Tanner: Delegator; Lil: Delagatee; Fin: Obligee o Tanner: Obligee; Lil: Delagatee; Fin: Beneficiary o Tanner: Delagatee; Lil: Delegator; Fin: Obligee o Tanner: Beneficiary; Lil: Delagatee; Fin: Obligee

2. What is the most likely status of the contract for the scenario?

Laura, a 17-year-old, signs a contract with her neighbor to buy a car through monthly payments.

Laura loses her job the next week and can no longer make the payments. Laura’s contract with her neighbor is most likely: o Voidable o Enforceable o Void

3. Read the scenario and determine what needs to take place based on the resolutions described in the text.

Sue has contracted with Rick to do a landscaping project on her property when she sells the whole property to Sylvia. Sylvia decides she will continue to have Rick do the landscaping project. The parties now need a(n) __________.

o o o o

Substitution Novation Accord and satisfaction Force majeure renovation

4. Match the status/existence of a contract with the scenario.

Jackie makes a post on Facebook saying she promises to pay $20 to whoever will come pull weeds in her garden. The next day, a stranger pulls Jackie’s weeds and demands $20. Which of the following is most likely true? o Contract not created o Insufficient information to determine o Contract created

5. Hannah has a contract dispute with Ralph over a sale of goods. Hannah wants to submit the contracts she has made with her other customers as evidence of her fair dealings. Which of the following is true? o Hannah cannot use other contracts to explain the terms of her contract with Ralph. o Hannah’s other contracts are valid evidence to help explain her contract with Ralph. o Hannah can use her other contracts to explain her contract with Ralph if they have already been completed. o Hannah cannot use other contracts to explain the terms of her contract with Ralph unless they show a consistent industry or trade practice that is also consistent with Ralph’s contract.

This is the only reason outside evidence would be allowed to explain Hannah’s terms with Ralph.

6. Based on the details of the scenario, determine what will most likely occur.

Melinda has a contract to pay 13% interest on a personal loan for 5 years. She decides the rate is unfair and files a complaint in court. o Contract is valid o Contract is voided, subject to investigation o Contract will be modified o Contract is voided

7. For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.

Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type. o Guilty - Fraud in the execution o Not Guilty o Guilty - Undue influence o Guilty - Duress

8. Read the scenario and determine what needs to take place based on the resolutions described in the text.

Penn contracts with Lisa to do a landscape architecture project on Lisa’s property. Before the contract starts, a local city ordinance is instituted which severely limits citizens’ ability to plant certain types and numbers of plants in order to conserve water. Penn and Lisa now need to institute a(n) __________. o Force majeure renovation o Substitution o Novation o Accord and satisfaction

9. Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.

When a breach of contract results in no tangible harm to a non-breaching party, it can receive __________ damages from the breaching party. o Punitive o Compensatory o Consequential o Nominal

10. o o o

Which of the following would not qualify as valid consideration?

Bill rents an apartment from his landlord.

Marcy pays Jim a dollar for every bag of tin cans he picks up for recycling.

Laura buys $100 worth of clothes from Martha on credit.

o Spencer and Linda sign a contract where Linda buys all her lumber from Spencer and Spencer sells as much lumber to Linda each week as he wants.

Linda’s consideration is her guarantee to buy only from Spencer. Spencer is not offering consideration since, under the terms of the agreement, he never has to sell if he doesn’t want to.

11. For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.

Rusty is a landlord over the apartment Pierre lives in. Pierre is unable to make rent payments, so Rusty makes Pierre do renovation labor on the apartments every day for 6 hours as payment instead. He also makes Pierre sign a contract that he will not move until he catches up to his late payments. o Guilty - Fraud in the execution o Not Guilty o Guilty - Undue influence o Guilty - Duress

12. For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.

Lucy agrees over the phone with Daryl to sell him “the pretty necklace in the window” in Lucy’s pawn shop. Lucy sends Daryl the wrong necklace from a different window. o Guilty - Duress o Guilty - Fraud in the execution o Not Guilty o Guilty - Undue influence

13. Based on the details of the scenario, determine what will most likely occur.

Lincoln has been taking advantage of Benson through an unfair contract for several years.

Eventually, Benson seeks relief and legal freedom from his contract. o Contract will be modified o Contract is voided, subject to investigation o Contract is voided o Contract is valid

14. Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.

A party can receive __________ damages to restore itself to the position it would have been in if a breach had not occurred. o Consequential o Nominal o Compensatory o Punitive

15. Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.

Orlando works for a manufacturing company in its research and development division. After years of research and testing, Orlando finally discovers the secret to a competitor’s efficient manufacturing process. o Trade secret exists o Answer dependent on additional details not provided o Trade secret does not exist o Trade secret is protected o Trade secret may be used by others

16. Based on the scenario, what is the classification of the tenancy?

Alec pays Travis to rent office space for one year, after which he will move out. Alec’s tenancy is best described as: o Periodic tenancy o Tenancy at sufferance o Tenancy for years o Tenancy at will

17. Determine the type of property involved for each example.

Jarvis’ godmother leaves him a family ring in her will when she passes away. The ring is: o Abandoned Property

o o

Gift or Inheritance Mislaid Property

18. Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.

Jake’s company uses a unique ergonomics and organization system to help employees work more efficiently. The company wants Jake to sign a non-disclosure agreement not to expose the system. o Trade secret is protected o Trade secret may be used by others o Answer dependent on additional details not provided o Trade secret does not exist o Trade secret exists

19. Does the following pass the "test" of non-obviousness?

A pencil with a pen on the opposite side. o Passes test o Does not pass test

20. Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.

Matt is a manager for a seafood restaurant with a famous koi dish recipe the restaurant considers to be a trade secret. When Matt quits the restaurant, he takes the recipe with him to use at the next restaurant that hires him. o Trade secret exists o Trade secret does not exist o Trade secret may be used by others o Answer dependent on additional details not provided o Trade secret is protected

21. Does the following pass the "test" of novelty?

A design for a chair that folds. o Passes test

o

Does not pass test

22. o o o o

Which of the following shows the correct answer for examples of arbitrary trademarks?

Target, a retail store: Example; Band-aid, a bandage manufacture: Non-Example Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Non-Example Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Example Target, a retail store: Example; Band-aid, a bandage manufacture: Example

23. o o o o

Which of the following would most likely be considered fair use?

Copying a poem by an amateur poet and publishing it as your own in a poetry contest.

Copying the blueprints for a stylish building to be used for building your own replica.

Showing a clip of a new movie to draw audiences to come watch the movie in theatres Making photocopies of an artist’s canvas and selling them

Showing a clip of a movie to bring people to the theatre would not erode the movie’s value or unfairly steal from the creators in the way selling, using, or publishing another’s work would.

24. Which of the following shows the correct answer for examples of suggestive trademarks? o Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer: Example o Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Non-Example o Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer: NonExample o Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Example

25. Based on the scenario, what is the classification of the tenancy?

Darla moves into one of Bret’s spare rental units while Bret is away on vacation. Bret doesn’t even notice Darla’s presence until several months later. Darla’s tenancy is best classified as: o Tenancy at will o Periodic tenancy o Tenancy for years o Tenancy at sufferance

26. Does the following pass the "test" of utility?

A theory for an anti-gravity machine. o Passes test o Does not pass test

27. Determine the ownership status for the scenario below.

Victoria has been paying a mortgage on her property for the past 30 years. When Victoria pays the last payment on her mortgage, her ownership interest in the property will be: o Fee simple absolute o Indeterminable with the given information o Fee simple determinable o Fee simple subject to a condition subsequent

28. Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.

Lenny, an Italian chef, has his son Giovanni plant a camera in the kitchen of competitor in order to learn the competitor’s secret recipe. o Trade secret may be used by others o Trade secret is protected o Answer dependent on additional details not provided o Trade secret exists o Trade secret does not exist

29. Based on the scenario, what is the classification of the tenancy?

Winston pays a yearly fee to Barbara to rent stall space for his horse at the fairgrounds. Winston’s tenancy is best classified as: o Tenancy for years o Tenancy at will o Tenancy at sufferance o Periodic tenancy

What is the most likely status of the contract for the scenario?

Laura, a 17-year-old, signs a contract with her neighbor to buy a car through monthly payments.

Laura loses her job the next week and can no longer make the payments. Laura’s contract with her neighbor is most likely: • Void • Enforceable • Voidable

Based on the details of the scenario, determine what will most likely occur.

Lincoln has been taking advantage of Benson through an unfair contract for several years.

Eventually, Benson seeks relief and legal freedom from his contract.

• Contract will be modified • Contract is voided, subject to investigation • Contract is valid • Contract is voided

Tanner has too much work to do to fulfill his contract obligations to Fin. He tells his employee Lil to take care of his duties instead. Determine the status of each person.

• Tanner: Delegator; Lil: Delagatee; Fin: Obligee • Tanner: Delagatee; Lil: Delegator; Fin: Obligee • Tanner: Obligee; Lil: Delagatee; Fin: Beneficiary • Tanner: Beneficiary; Lil: Delagatee; Fin: Obligee

For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.

Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type.

• Guilty - Duress • Guilty - Fraud in the execution • Not Guilty • Guilty - Undue influence

Demonstrate your knowledge of the different types of remedy for breached contracts by filling in

the blank. __________ damages are those which cover future losses which are likely to result from one party’s insufficient performance.

• Nominal • Compensatory • Consequential • Punitive

Does the following pass the "test" of novelty?

A design for a plate that turns into a bowl.

• Passes test • Does not pass test

Determine the type of property involved for each example.

Kory’s notebook falls out of his backpack on the way to class. His property is picked up by Harry.

Kory’s notebook is: • Mislaid Property • Gift or Inheritance • Abandoned Property

Does the following pass the "test" of novelty?

A design for a chair that folds.

• Does not pass test • Passes test

Determine the type of property involved for each example.

Jarvis’ godmother leaves him a family ring in her will when she passes away. The ring is: • Abandoned Property • Gift or Inheritance • Mislaid Property

Based on the scenario, what is the classification of the tenancy?

Lionel had a rental agreement with Kris for Kris to lease storefront space for 5 years. 5 years has passed, but Kris still uses the space and pays Lionel rent. Kris’s tenancy is best classified as:

• • • •

Tenancy at sufferance Periodic tenancy Tenancy at will Tenancy for years

Based on the scenario, what is the classification of the tenancy?

Winston pays a yearly fee to Barbara to rent stall space for his horse at the fairgrounds. Winston’s tenancy is best classified as: • Periodic tenancy • Tenancy at sufferance • Tenancy at will • Tenancy for years

Read the scenario and determine what needs to take place based on the resolutions described in the text.

Sue has contracted with Rick to do a landscaping project on her property when she sells the whole property to Sylvia. Sylvia decides she will continue to have Rick do the landscaping project. The parties now need a(n) __________.

• Substitution • Force majeure renovation • Accord and satisfaction • Novation

For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.

Rusty is a landlord over the apartment Pierre lives in. Pierre is unable to make rent payments, so Rusty makes Pierre do renovation labor on the apartments every day for 6 hours as payment instead. He also makes Pierre sign a contract that he will not move until he catches up to his late payments.

• Guilty - Fraud in the execution • Guilty - Undue influence • Not Guilty • Guilty - Duress

What is the most likely status of the contract for the scenario?

Jena is contracting with Brigham to purchase his car. Before the sale, a tree falls on Brigham’s car,

ruining it. The contract is most likely: • Voidable • Enforceable • Void

Based on the details of the scenario, determine what will most likely occur.

Lincoln has been taking advantage of Benson through an unfair contract for several years.

Eventually, Benson seeks relief and legal freedom from his contract.

• Contract is voided, subject to investigation • Contract is voided • Contract will be modified • Contract is valid

Read the scenario and determine what needs to take place based on the resolutions described in the text.

Kyle has already contracted with Vick on a construction project. After some disagreement on materials, location, and deadlines, they decide that the original contract is no longer valid. Kyle and Vick now need a(n) __________.

• Substitution • Novation • Force majeure renovation • Accord and satisfaction

For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.

Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type.

• Not Guilty • Guilty - Fraud in the execution • Guilty - Undue influence • Guilty - Duress

Based on the scenario, what is the classification of the tenancy?

Winston pays a yearly fee to Barbara to rent stall space for his horse at the fairgrounds. Winston’s tenancy is best classified as: • Tenancy at will

• • •

Tenancy for years Periodic tenancy Tenancy at sufferance

Determine the type of property involved for each example.

Cecil leaves his jacket on a bench in the park. He never goes back to look for it. The jacket is: • Mislaid Property • Gift or Inheritance • Abandoned Property

Based on the scenario, what is the classification of the tenancy?

Lionel had a rental agreement with Kris for Kris to lease storefront space for 5 years. 5 years has passed, but Kris still uses the space and pays Lionel rent. Kris’s tenancy is best classified as: • Tenancy at will • Tenancy for years • Tenancy at sufferance • Periodic tenancy

1. Does the following pass the "test" of novelty?

A design for a plate that turns into a bowl. o Passes test o Does not pass test

2. Does the following pass the "test" of novelty?

A design for a chair that folds. o Passes test o Does not pass test

1. Determine the ownership status for the scenario below.

Phyllis offers property to a university on condition that the space is used for recreational use only.

Ten years later, the university builds a math lab on the property. Phyllis does not repossess the property. Ownership of the property up to this point has been:

o o o o

Fee simple absolute Indeterminable with the given information Fee simple determinable Fee simple subject to a condition subsequent

2. Determine the ownership status for the scenario below.

Ewan offers property he owns to his nephew on the condition he renovates the fixtures on the property by the end of the next year. Ewan’s nephew never finishes the renovations, and the property reverts back to Ewan. Up to this reversion, Ewan's nephew's ownership in the land was: o Fee simple determinable o Fee simple absolute o Fee simple subject to a condition subsequent o Indeterminable with the given information

3. Does the following pass the "test" of utility?

A theory for an anti-gravity machine. o Does not pass test o Passes test

ETH 321T Week 5 Practice Assignment (New) Complete the Week 5 Practice Assignment in MyEducator.

ETH 321 Week 5 Practice Assignment 1. Congress makes a new law concerning the flight of personal flight vehicles in public airspace. Which of the following would most likely happen? o Congress creates the law and expects citizens to adjust to the law as necessary. o Congress itself monitors the law and adds details to it as necessary. o Congress creates the law along with a federal agency to administer it. o Congress passes the law and leaves enforcement of the law to the President 2.

Which of the following is the correct definition for division of markets?

o o o o

Conspiring to refuse dealings with another business Conspiring to fix prices by limiting the number of products sold.

Conspiring to manipulate the price of goods and services.

Conspiring with another party to provide goods to specific, separate areas.

3. Which of the following is the correct definition for exclusive dealing agreements? o Conspiring to require a certain minimum price for goods. o Conspiring to purchase goods or services from only one provider. o Conspiring to force the purchase of an associated product in addition to the intended purchase. o Conspiring to limit the distribution of a product to a particular area 4. Which of the following is the correct definition for price maintenance agreements? o Conspiring to force the purchase of an associated product in addition to the intended purchase. o Conspiring to limit the distribution of a product to a particular area. o Conspiring to purchase goods or services from only one provider. o Conspiring to require a certain minimum price for goods.

5. Which of the following is the correct definition for tying arrangements? o Conspiring to limit the distribution of a product to a particular area. o Conspiring to force the purchase of an associated product in addition to the intended purchase. o Conspiring to purchase goods or services from only one provider. o Conspiring to require a certain minimum price for goods.

6. Which of the following is the correct definition for geographic allocations agreements? o Conspiring to force the purchase of an associated product in addition to the intended purchase. o Conspiring to require a certain minimum price for goods. o Conspiring to limit the distribution of a product to a particular area o Conspiring to purchase goods or services from only one provider.

7. o o o o

Which of the following is the correct definition for controlling output?

Conspiring to fix prices by limiting the number of products sold.

Conspiring to refuse dealings with another business.

Conspiring with another party to provide goods to specific, separate areas.

Conspiring to manipulate the price of goods and services.

8. Which of the following places each item in the correct order it appears in during the creation of a substantive rule? o Publication of proposed rule in Federal Register; Public comment period; Review of research, reports, and opinion; Issue of final rule-making; Hearing to challenge the rule o Public comment period; Publication of proposed rule in Federal Register; Review of

research, reports, and opinion; Issue of final rule-making; Hearing to challenge the rule o Review of research, reports, and opinion; Publication of proposed rule in Federal Register; Issue of final rule-making; Public comment period; Hearing to challenge the rule o Issue of final rule-making; Review of research, reports, and opinion; Hearing to challenge the rule; Public comment period; Publication of proposed rule in Federal Register 9. An electric company services an entire community of homes and businesses. When electricity rates start to go up, customers begin complaining that the company is leveraging its role as the sole supplier of electricity to charge more to its customers. Which of the following is true? o The company is essentially free of blame because it would be unreasonable for more than one company to try supplying electricity in one community. o The company is essentially free of blame because its monopoly was an innocent acquisition. o The company is guilty of seeking a monopoly, and a court may seek legal sanctions. o The company is guilty of seeking a monopoly and must recompense its customers.

10. o o o o

Which of the following is the correct definition for price fixing?

Conspiring to refuse dealings with another business.

Conspiring with another party to provide goods to specific, separate areas.

Conspiring to manipulate the price of goods and services.

Conspiring to fix prices by limiting the number of products sold.

11. Which of the following is the correct definition for boycott? o Conspiring with another party to provide goods to specific, separate areas. o Conspiring to refuse dealings with another business. o Conspiring to manipulate the price of goods and services. o Conspiring to fix prices by limiting the number of products sold.

12. o o o

Which of the following is the correct definition for concept release?

A document explaining an issue, including problems, solutions, and suggestions.

Ratification of a proposed rule.

A formal document offering a solution to an issue.

13. Janice works for an investment banking firm. Her company helps new companies begin the process of offering securities for sale. Janice herself also publishes analyses on the financial security of individual investments. Which of the following is true? o Janice may not assist in new companies’ issuance of securities. o Janice may not assist in new companies’ issuance of securities unless she stops performing financial analyses first. o Janice may assist in new companies’ issuance of securities without restriction. o Janice may assist in new companies’ issuance of securities as long as she makes notice of a conflict of interest.

14. Which of the following is the correct definition of rule adoption?

o o o

A document explaining an issue, including problems, solutions, and suggestions.

Ratification of a proposed rule.

A formal document offering a solution to an issue.

15. Andrew is an executive at Livertech, a widely-held corporation that sells securities. He learns that the CEO of the company has contracted a serious disease that will likely end his life in a few weeks. Andrew calls his friends and tells them to sell their stock in the company before its value drops. Which of the following is true? o Only Andrew’s friends can be held civilly or criminally liable for losses of parties who are harmed by the insider-informed trades. o Both Andrew and his friends can have civil and criminal liability for losses of parties who are harmed by insider-informed trades. o Neither Andrew nor his friends can be held liable for losses to parties harmed by insiderinformed trades. o Only Andrew can have both civil and criminal liability for losses of parties who are harmed by insider-informed trades.

16. Mark is an accountant for his firm TradeuTech. One of the executives in the company occasionally visits Mark to banter about the firm’s current investments and ask about potential good investments for the company. Which of the following is most likely true? o Mark’s advice is incidental to his job, and he is not required to be registered as an adviser. o Mark is an adviser who must be registered with the SEC or state agency. o Mark is only an adviser if he gets paid for his advice. o Mark is not an adviser who must be registered unless he has clients within his same state only.

17. o o o o

Why did the Dodd-Frank Act amend the Investment Advisers Act? To eliminate the risk of groups using advisers with very few clients To monitor the impact investment firms have on the securities market.

To eliminate insider trading Both A and B

18. Which of the following is the primary responsibility of the Bank for the International Settlements? o Provide banking services to central banks. o Balance trade surpluses or deficits. o Provide loans to developing nations.

19. o o o

Which of the following is the primary responsibility of the European Commission?

Represent Europe's interests.

Represent each nation's interests.

Represent each nation's people.

20. Company A is in the U.S. and Company B is in foreign country. While visiting the U.S. a

foreign official visits Company A and lets it know that he can help the company make a useful business connection to Company B. Which of the following is true? o The official has done nothing wrong, but will break anti-bribery provisions of the FCPA if he asks for a bribe. o Company A can Brive the official since the official is in the U.S. and approached the company himself. o The official has broken the anti-bribery provisions of the FCPA. o Company A will break the anti-bribery provisions of the FCPA if it does business with Business B. 21. o o o

Which of the following is the primary responsibility of the International Monetary Fund?

Provide loans to developing nations.

Balance trade surpluses or deficits.

Provide banking services to central banks.

22. o o o

Which of the following is the primary responsibility of the European Council?

Represent each nation's interests.

Represent each nation's people.

Represent Europe's interests.

23. o o o

Which of the following is the primary responsibility of European Parliament?

Represent each nation's people.

Represent each nation's interests.

Represent Europe's interests.

24. o o o

Which of the following is the primary responsibility of the World Bank?

Provide loans to developing nations.

Balance trade surpluses or deficits.

Provide banking services to central banks.

25. Nation A and Nation B want to form an agreement for enforcing safety standards in a worker exchange program between the two nations. No such agreement has been utilized before. Which of the following is false? o The nations may enact an agreement without reference to any international dispute resolution body. o The nations may look to the ICJ for advice before creating an agreement. o The nations may not look to the ICJ for advice because no agreement has yet been made. o The nations may not look to the WTO for advice because this is not a trade-related issue.

ETH 321T Week 5 Apply Assignment (New) Review the Week 5 Practice Assignment to help prepare for this assignment.

Complete the Week 5 Apply Assignment in MyEducator.

ETH 321 Week 5 Apply Assignment 1. Identify the trade-restraining practice that this example demonstrates.

Two retailers decide that they will both sell no more than 100 premium TVs per month in order to maintain the quality image of the TVs. o Illegal boycott o Controlling output o No illegal practice o Price fixing o Division of markets 2. Millitech is a sports equipment manufacturer. It wants to form a merger with an athletic wear company. This would be a __________ merger. o Conglomerate o Vertical o Market extension o Horizontal 3. Identify the trade-restraining practice that this example demonstrates.

Company A and Company B both work in the candy industry. They agree that Company A will only sell chocolate to Company C and Company B will only sell fruit candies to Company C. o Division of markets o Price fixing o Illegal boycott o Controlling output o No illegal practice 4. Identify the trade-restraining practice that this example demonstrates.

Company A and Company B discuss average industry prices. o Division of markets o Price fixing o No illegal practice o Illegal boycott o Controlling output 5. A government agency which administers rules concerning clean housing projects wants to specify and explain the language it uses to communicate with the public and enforce its statutes.

Which of the following is true? o The agency must hold a public comment period for the public to weigh in on the impact and details of the statute. o The agency must have a public hearing where it explains the statutory language it uses. o The agency does not need to invite public opinion on the information it will post.

6. Gilcorp wants to increase its profitability. It tries to gain new customers by offering a cash bonus to customers who switch to its service from another company. Which of the following is true of this action? o This may be illegal under the rule of reason. o This is illegal per se. o This is legal as long as no agreements are made with a competitor. o This is legal.

7. For the scenario below, determine the legality of the company's actions.

Ioncorp sells cabinets nationwide to the furniture company Blinkorp. It makes an agreement that Blinkorp will only sell Ioncorp cabinets in its warehouses. o Strictly illegal o Impossible to determine legality o Most likely legal o Illegal, depending on impact 8. Identify the trade-restraining practice that this example demonstrates.

The CEOs of two pharmaceutical companies are having lunch. They discuss the unfair costs of ordering from a manufacturer that supplies to both companies. The CEOs decide that they will no longer work with the unfair pricing of the manufacturer. o Division of markets o Illegal boycott o No illegal practice o Controlling output o Price fixing 9. For the scenario below, determine the legality of the company's actions.

Wreckorp wants to maintain an exclusivity image for its product line of sports equipment. It limits its distribution to 100 stores in each region. o Most likely legal o Impossible to determine legality o Illegal, depending on impact o Strictly illegal 10. Blinkorp is selling toys to retailers across the nation. Depending on the season, the company may make its toys with either higher-cost domestic plastics or lower-cost foreign plastics. The retailers who purchase from Blinkorp complain about the different prices caused by the differently-priced materials. Which of the following is true? o Blinkorp is justified in charging different prices because it needs to meet the price of competition nationwide. o Blinkorp is justified in charging different prices because the toy industry is so flexible and fluid. o Blinkorp is engaging in price discrimination against the retailers and must equalize its prices. o Blinkorp is justified in charging different prices because of the differing production costs.

11. Funtech is a toy manufacturer. It wants to form a merger with one of the toy stores that buys its toys. This would be a __________ merger. o Conglomerate o Vertical o Market extension o Horizontal 12. Identify the trade-restraining practice that this example demonstrates.

Tubifor, Inc. purchases all available imported lumber so it can resell it at a quantity and rate that it prefers. o Price fixing o No illegal practice o Illegal boycott o Controlling output o Division of markets 13. Government agencies generally have power to do all but which of the following? o Create a new agency in order to address important goals under the mandate of the law which created the agency. o Make definitions concerning acceptable and unacceptable parameters within the scope of the agency’s purpose. o Enforce punishments for violators of public policy. o Enforce substantive laws after following a predesignated procedural law process.

14. Luanicorp wants to increase its profitability. It agrees with another company, Wescorp, to divide the market so that all customers north of a state line must come to one company for services, and all customers south of the state line must go to the other. The companies will then be free the deal with their customers as they wish. Which of the following is true of this situation? o This is legal as long as no agreements are made with a competitor. o This is legal. o This is illegal per se. o This may be illegal under the rule of reason.

15. For the scenario below, determine the legality of the company's actions.

Lilcorp manufactures budget speaker systems for Bigcorp. It arranges an agreement wherein Bigcorp may not charge more than $300 for a speaker system. o Illegal, depending on impact o Impossible to determine legality o Strictly illegal o Most likely legal 16. Yittercorp regularly trades in securities on a national exchange. The company is a widelyheld corporation with 600 shareholders and $15 million in assets. Which of the following is true

concerning the company’s requirement to report to the SEC? o Requirement to file depends on the company’s assets and shareholder base. o Required to report major business developments and must file annual and quarterly financial reports. o Not required to report information to the SEC. o Must file annual and quarterly financial reports 17. Bernie just started a business and is trying to raise capital. He has both accredited and nonaccredited investors investing in the company. What constraints on investments for new businesses apply here? o Investors' allowable investment depends on the accredited or non-accredited status. o Investors may invest a combined $50 million within a 12-month period. o Investors may invest no more than $1 million combined for the first year of the business.

18. Horace is trying to start a business. He knows several accredited investors who he knows will help him jumpstart his business. What constraints on investments for new businesses apply here? o Investors may invest a combined $50 million within a 12-month period. o Investors' allowable investment depends on the accredited or non-accredited status. o Investors may invest no more than $1 million combined for the first year of the business.

19. Jewelcorp just began trading securities. The company is a closely-held corporation with several dozen shareholders and $10 million in assets. Which of the following is true concerning the company’s requirement to report to the SEC? o Not required to report information to the SEC. o Requirement to file depends on the company’s assets and shareholder base. o Must file annual and quarterly financial reports o Required to report major business developments and must file annual and quarterly financial reports.

20. Chloe has her own office where she generates investment advice for companies. She is compensated for her advice. Which of the following is false? o Chloe does not have to be a registered adviser if all of her clients are in the same state as her office. o Chloe does not have to be a registered adviser if she doesn’t have authority to make investment choices for her clients. o Chloe does have to be a registered adviser even if she only publishes informational analyses and reports concerning specific investments. o Chloe does have to be a registered adviser even if she only advises for one company.

21. Fancorp regularly trades in securities on a national exchange. Which of the following is true concerning the company’s requirement to report to the SEC? o Must file annual and quarterly financial reports o Requirement to file depends on the company’s assets and shareholder base. o Required to report major business developments and must file annual and quarterly financial

reports. o Not required to report information to the SEC. 22. Gillcore is about to go public and begin selling securities. As a new public company, what steps must Gillcore take in order to stay in line with the requirements of the Securities Act? o This company must file a registration statement and prospectus with the SEC. o The company's obligations depend on what type of company it is and what type of securities it is offering. o As a new public company it does not need to take any special action.

23. Kathleen works for an accounting firm, Securate, as an auditor. Kathleen’s firm provides many services including auditing services, investment consulting, and tax assistance. Kathleen is working on an audit for a company that Securate also does consulting for. Which of the following is true? o Kathleen may not assist in consulting for the company. o Kathleen may not assist in consulting services for the company unless she is an officer in the company. o Kathleen may assist in consulting services for the company without restriction. o Kathleen may assist in consulting services for the company as long as she makes notice of a conflict of interest.

24. Bekah is an adviser for the company Vicoltech, which deals heavily in investments. Bekah also advises several other clients in her state, but no clients outside of her state. Before the DoddFrank Act was passed, Bekah was exempt from registration and reporting requirements with the SEC. When the Dodd-Frank Act was passed: o Bekah was required to begin reporting information to the SEC. o Bekah was still exempt from the SEC’s reporting requirements. o Indeterminable with current information o Bekah was required to register with the SEC, but not required to report information to the SEC. 25. The citizens of France, Belgium, and Finland are upset by a recent trade law enacted in the European Union which they feel negatively impacts their respective economies. In order to resolve their concerns, they would turn to: o The European Commission o The European Council o The European Parliament 26. Determine the legality of the transaction.

Tichatech is trying to pierce the global marketplace. When the CEO meets with a foreign prime minister, he offers him a vacation package to show his goodwill toward the country. o Legal or illegal, depending on the purpose o Illegal bribe o Legal bribe

27. Nation A has a contract with Nation B which it breaks. The International Court of Justice is asked to offer a decision resolving the matter. Which of the following is false? o ICJ cannot deviate from similar decisions it has made on contract breaches before. o The ICJ can bind Nations A and B to an agreement even if there is no legal precedent for the situation. o The ICJ will not hear the case if a party is not a UN member state. o The ICJ will examine the custom of law used heretofore to help determine the right decision.

28. Determine the legality of the transaction.

KlineCorp wants to conduct business with Company B in another country. While visiting Company B, the management team of Company A offers some of the foreign employees some free products from their company. o Illegal bribe o Legal or illegal, depending on the purpose o Legal bribe 29. Nation A has a political dispute with Nation B. The nations are at odds, but they agree to let a mediator hear the dispute. Which group would hear and decide on the nations’ dispute? o The General Assembly o The Security Council o The International Court of Justice o The Secretariat 30. Nation A is new at developing monetary policy and lacks the expertise to develop a highperforming financial system. It would look to _______ for assistance. o The World Bank o The International Monetary Fund o The Bank for International Settlement