BUS203 Business Law I Chapter 8

 Final Project: Court Case Research

This week's assignment is to do research and developing a PowerPoint.

Details, details, details......

You will be researching for a court case from one of these categories:

Property Law

Intellectual Property

Employment Law

Criminal Law

Trademark

Once you have decided on which case you want to research begin developing a PowerPoint.

Title Slide

Minimal of 12 content slides- talk about why you chose that case, talk about the case, talk about the outcome, talk about if you agreed with the case outcome, if so why, if not why not. Details, details, details...

Unit 8 Discussion Board Assignment for PowerPoint

After you have developed your PowerPoint and posted it to be graded.

Post the PowerPoint here for collaboration between your peers.

You will all have different cases, so share and respond to at least 2 of your peers.

This assignment is worth 30 points. More collaboration more points are earned.

Please respond with meaningful  2 paragraph responses

Unit 8 Final Exam

Question 1

2 / 2 pts

Dorian is a private investigator. He was hired to impersonate a customer in order to obtain a company's trade secret. Dorian did not use the trade secret for his own advantage. Instead, he turned the information over to his client. Is Dorian guilty of misappropriation?

  Yes, Dorian is guilty of misappropriation because trade secrets enjoy absolute protection under intellectual property law. 

  No, Dorian is not guilty of misappropriation because he did not use the trade secret himself. 

x  Yes, because Dorian used impersonation to acquire the trade secret. 

  No, Dorian is not guilty of misappropriation because the company voluntarily disclosed the trade secret information.d 

 

Question 2

2 / 2 pts

Garrod Smith is a master woodcarver and sole owner of "Smith Custom Doors, LLC." Which of the following advantages applies to his business form?

  The business makes Garrod liable for only half of the business' debt.

x  The business is a separate legal entity from Garrod Smith. 

  The business is not a taxable entity. 

  The business is not taxed as a corporation or sole proprietorship. 

 

Question 3

2 / 2 pts

Michael owns a bowling alley. The bowling alley serves pizza and beer in the restaurant area only. Although workers try to keep the equipment and bowling lane area clean, some patrons still get them dirty with their greasy fingers. Patron Tammy breaks her big toe when she loses grip on greasy bowling ball and drops it on her big toe. Will the bowling alley be held liable for Tammy's broken toe?

x  Yes, because the bowling alley is liable for this type of foreseeable accident. 

  No, the bowling alley will not be held liable because a patron made the bowling ball greasy. 

  No, the bowling alley will not be held liable because Michael had no knowledge of the dirty equipment. 

  Yes, because the bowling alley is strictly liable for injuries that occur on its premises. 

 

Question 4

2 / 2 pts

"Widget" is a trademark for a product made by "The Widget Company." Other companies make products very similar to the "Widget." Soon, writers, journalists, and the public begin referring to all such similar products as "widgets." What is the most likely result?

x  The Widget Company will lose the trademark unless it takes active steps to protect it. 

  The other companies will sue The Widget Company for trademark infringement. 

  The government will act to ensure that the term "Widget" is used according to the trademark law.

  The Widget Company does not have to take any action, because its trademark is registered. 

 

Question 5

2 / 2 pts

Every owner in which of the following is jointly and severally liable for the debts and obligations of the organization?

  Corporation 

  Limited liability company 

x  Partnership 

  Limited partnership 

 

Question 6

2 / 2 pts

Which of the following is a management tactic for dealing with negotiation breakdown during collective bargaining?

x  Lockout 

  Boycott 

  Strike 

  Picket 

 

Question 7

2 / 2 pts

What is the most typical remedy available for a breach of contract?

x  Monetary damages 

  Quantum meruit 

  Consequential damages 

  Specific performance 

 

Question 8

2 / 2 pts

If an employer wishes to ensure that an employee does not leave in the future to engage in the same business, the employer is likely to enter into a contract with which of the following?

  Strict performance clause 

  Assignment of rights 

x  Covenant not to compete 

  At-will clause 

 

Question 9

2 / 2 pts

In a unilateral contract, the accepting party can only accept with which of the following?

  An exchange of consideration 

  Money 

  A promise 

x  An action 

 

Question 10

2 / 2 pts

Which of the following is a type of ADR in which the decisionmaker takes the place of a judge and jury?

  Facilitation 

  Mediation 

  Negotiation 

x  Arbitration 

 

Question 11

2 / 2 pts

What is a major drawback of negotiation?

  It is court-ordered and therefore less likely to result in an agreement both parties are willing to accept. 

  It follows strict rules of evidence. 

  It relies on experts who may be biased in their evaluation of and ultimate ruling on the case. 

x  It is prone to situations involving unequal bargaining power between the parties. 

 

Question 12

2 / 2 pts

Waldo fell asleep while cooking and his apartment caught on fire. His roommate, Malcolm, was injured when he re-entered the burning apartment to save his sister from the fire. If Malcolm sues Waldo for his injuries, can Waldo successfully defend himself based on assumption of risk?

  Yes, because Malcolm entered the burning apartment under his own free will. 

  Yes, because Malcolm's actions were unreasonable under the circumstances.

  No, because Waldo did not try to stop Malcolm from re-entering the burning apartment. 

x No, because Waldo was responsible for causing the fire. 

 

Question 13

2 / 2 pts

Advantages of a limited liability company involve all of the following EXCEPT: Select one:

x  It is a good choice for going public. 

  Members can participate in management. 

  It may be created with only one member. 

  It is taxed like a partnership. 

 

Question 14

2 / 2 pts

Bernie Madoff committed which of the following when he converted client funds to his own use that were lawfully in his possession?

  Money laundering 

  Extortion 

  Misappropriation 

x  Embezzlement 

 

Question 15

2 / 2 pts

The Equal Pay Act of 1963 seeks to do which of the following?

  Eliminate the wage gap between upper and middle classes 

x  Eliminate the wage gap between women and men 

  Eliminate the wage gap between African Americans and Caucasians 

  Eliminate the wage gap between middle and lower classes 

 

Question 16

2 / 2 pts

Which of the following is an example of a bilateral contract?

  Adele offers to sell her cell phone to Boris for $25; Boris pays Adele $25 and Adele says she will give Boris the cell phone next Saturday. 

x  Adele says to Boris and her other friends, "If someone gave me a dollar, I'd give them my cell phone;" Boris hands her a dollar

  Adele says to Boris and her other friends, "I'd like to sell my cell phone;" Boris says he'll give Adele a dollar; Adele says she'll give the cell phone.

  Adele offers to sell her cell phone to Boris for $25; Boris says he will pay Adele $25 for her cell phone next Saturday. 

 

Question 17

2 / 2 pts

A bill of exchange involves how many parties?

x  3 

  2 

  5 

  4 

 

Question 18

2 / 2 pts

Under a joint tenancy in real property, which of the following situations is true?

  One joint tenant may sell his or her interest in the property to a third party. 

  The right of survivorship applies only to married couples 

  The owners have an undivided interest in the property, equal rights of possession, and a divisible interest. 

x  The surviving owner has the right of survivorship. 

 

Question 19

2 / 2 pts

In the United States, how long does copyright protection last after the death of the author?

  30 years 

x  70 years 

  90 years 

  50 years 

 

Question 20

2 / 2 pts

If a prospective business owner told you he wanted to organize his business in a way that would result in no registration and allow him to exercise the fullest control, you would likely advise him to choose which of the following business entity types?

  Corporation 

x  Sole proprietorship 

  Limited partnership 

  Limited liability company 

 

Question 21

2 / 2 pts

All common law contracts must contain which of the following, meaning there must be a bargained-for exchange of promises or acts, and each party must incur a new legal detriment or obligation?

Valid Considerations 

  Valid acceptances 

x  Valid capacities 

incorrect  Valid offers 

 

Question 22

2 / 2 pts

For intentional torts, the element of intent requires which of the following?

  That the tortfeasor acted with malice in harming a person or property 

  That the tortfeasor intended to harm a person or property 

  That the tortfeasor had a duty of care that is violated 

x  That the tortfeasor intended to do the act which caused harm 

 

Question 23

2 / 2 pts

In the United States, both the national government and the state governments can make law. What is this system known as?

  Primary law 

x  Federalism 

  Stare decisis 

  Common Law 

 

Question 24

2 / 2 pts

Hazmat Services, Inc. used extreme care when transporting chemicals from a toxic cleanup site. However despite its precautions, chemicals spilled onto the roadway during transport. Several motorists were made sick and were hospitalized due to the chemical fumes. Based on these facts, what cause of action can the sick injured motorists bring against Hazmat Services, Inc.?

x  Negligence 

  Assault 

  Strict liability 

  Battery 

 

Question 25

2 / 2 pts

Which of the following is a major disadvantage of a corporation?

  Separate legal existence 

x  Double taxation 

  Joint and several liability 

  Limited duration of existence 

 

Question 26

2 / 2 pts

The intentional tort of misappropriation involves which of the following?

x  Using another's name, likeness, or other identifying characteristic without permission

  Acting inappropriately such that one causes another public embarrassment 

  Taking goods belonging to another and using them as if the taking party owned them 

  The taking of money belonging to another without that person's permission

 

Question 27

2 / 2 pts

As opposed to litigation, which of the following is the form of ADR that provides the most control over the process to the parties?

  Negotiation 

  Facilitation 

  Arbitration 

x  Mediation 

 

Question 28

2 / 2 pts

Which of the following statements best describes the Sherman Act?

  The Sherman Act allows the US government to regulate the trade of corporation shares on stock exchanges. 

  The Sherman Act established the United States Securities and Exchange Commission. 

x  The Sherman Act allows the US government to regulate activities that restrain competition and trade. 

  The Sherman Act established stronger reporting requirements for boards of public corporations and the managers and accountants who work for them. 

 

Question 29

2 / 2 pts

How does tangible personal property differ from intangible personal property?

x  Tangible property cannot be treated as intellectual property; whereas, intangible property can be treated as intellectual property. 

  Tangible property can be classified as chattel; whereas, intangible property cannot be classified as chattel. 

  Tangible personal property cannot be sold as fungible property; whereas, intangible property can be sold as fungible property. 

  Tangible property cannot become a fixture; whereas, intangible property can become a fixture. 

 

Question 30

2 / 2 pts

Which of the following is considered personal property?

x  A chandelier hanging from the ceiling of a house 

A favorite tree in the backyard of a house. 

The bricks in a house that has been constructed. 

The bricks for sale at a building supply company 

 

Question 31

2 / 2 pts

Tort law allows an injured party to recover which kind of damages, which are rarely granted under contract law?

  Nominal 

x  Punitive 

  Consequential 

  Compensatory 

 

Question 32

2 / 2 pts

Yolanda offers to sell her laptop computer to Zoe for $200; Zoe agrees to pay Yolanda $200 for the laptop; the next day Zoe gives Yolanda $150 and a $50 gift card to a local store in payment. Is Zoe discharged from the contract?

  Probably not, because Yolanda doesn't like the store that the gift card is from.

  Probably, because in this circumstance substantial compliance would be reasonable. 

  Probably, because Yolanda has gotten the value she bargained for. 

x  Probably not, because in this circumstance strict compliance would be reasonable. 

 

Question 33

2 / 2 pts

Which of the following statements about members of the Supreme Court of the United States is true?

  They serve as long as the president desires. 

  They may serve no longer than the age of 65. 

  They serve a four year term. 

x  They have life tenure. 

 

Question 34

2 / 2 pts

Which of the following lists the required elements of a valid common law contract?

  Offer and acceptance, exchange of money, capacity, legal purpose 

  Offer and acceptance, exchange of promises, capacity, legal purpose 

  Offer and acceptance, consideration, capacity, contract in writing 

x  Offer and acceptance, consideration, capacity, legal purpose 

 

Question 35

2 / 2 pts

Sandbox, Inc. has greatly improved the method for processing silica used in oil drilling. Which of the following would the company need to protect its intellectual property?

  Design patent 

  Trade dress 

  Copyright 

x  Utility patent 

 

Question 36

2 / 2 pts

In order to be copyrighted, a work must be original and which of the following?

  Registered with the government 

  In written form 

x  Fixed in a durable medium 

  Able to be performed 

 

Question 37

2 / 2 pts

Richie has a paid subscriber-based web site. He has written a decryption program that allows users to circumvent encryption technology movie studios use to prevent piracy. What will result if Richie is sued for copyright violation?

  Richie will win, because his decryption software is a form of free speech. 

  Richie will win, because he has made the decryption software public. 

x  Richie will lose, because he has violated the anti-circumvention provision of the Digital Millennium Copyright Act. 

  Richie will lose, because his decryption program is not open-source software. 

 

Question 38

2 / 2 pts

What are Blue Sky Laws?

  State and federal regulations that regulate securities industry 

  Federal regulations that protect air quality 

x  State regulations that protect investors against securities fraud 

  Federal regulations that telecommunication airways 

 

Question 39

2 / 2 pts

The Economic Espionage Act is a federal statute in the United States that criminalizes which of the following?

  Stealing government financial secrets 

  Fraud 

x  Theft of trade secrets 

  Theft of intellectual property 

 

Question 40

2 / 2 pts

Which of the following occurs when a tenant remains in an apartment after the lease has ended and without the landlord's permission?

x  Tenancy at sufferance 

  Tenancy at will 

  Tenancy by the entirety 

  Tenancy in common 

 

Question 41

2 / 2 pts

Which of the following scenarios violates Title VII of the Civil Rights Act of 1964?

  A home health company allows clients to choose gender-specific caregivers 

x  A religiously-affiliated university only hires individuals who are followers of the same faith. 

  A restaurant refuses to hire anyone under 21 years of age to work at its bar. 

  A casting director will only hire Native Americans to play roles in a film depicting early the life of Geronimo. 

 

Question 42

2 / 2 pts

Which of the following is a type of negotiable instrument in which the maker warrants to pay a certain amount to the payee?

  Bill of exchange 

x  Promissory note 

  raft 

  Money Order 

 

Question 43

2 / 2 pts

A is a less serious criminal offense than a(n) .

  felony; misdemeanor 

  felony;infraction 

  misdemeanor; infraction 

x  misdemeanor; felony 

 

Question 44

2 / 2 pts

Which of the following is an example of a felony?

  Disturbing the peace 

  Jaywalking 

x  Homicide 

  Trespassing 

 

Question 45

2 / 2 pts

At the commencement of a trial, each party will present an opening statement. Which of the following is true about that statement?

  It explains to the judge why certain jurors should be dismissed. 

x  It describes the facts that will be proven based upon evidence. 

  It raises objections to questions posed during direct examination of witnesses. 

  It is argumentative. 

 

Question 46

2 / 2 pts

Quik Meds hired Frank as a delivery driver. Because there was a backlog of deliveries, the company allowed Frank to work pending the outcome of his background investigation. Shortly after he was hired, Frank was caught stealing a customer's purse. The customer was injured in the scuffle over her purse. The customer later sued Quik Meds for negligent hiring. Quik Meds defended itself by arguing it was not liable for an employee's actions. Is this a viable defense?

x  No, because Quik Meds failed to conduct a background search on Frank 

  Yes, because employees are liable for their own torts. 

  No, because Quik Meds is strictly liable for employee on-the-job conduct. 

  Yes, because Frank was not acting on behalf of Quik Meds when he engaged in the misconduct. 

 

Question 47

2 / 2 pts

John and his cousin are car enthusiasts and they love to attend car shows. At a car show, John's cousin made him the following promise, "I'll buy your Chevrolet Impala tonight, if I do not spot one that I'm crazy about." In return, John agreed to sell his Chevrolet Impala to his cousin. John's cousin did not find a car that he was crazy about. If the cousin later refuses to buy John's car, can John legally enforce his cousin's promise?

  Yes, because the two have a bilateral contract. 

  Yes, because the cousin did not find a car he was crazy about. 

x  No, because John never gave his cousin anything of value in exchange for his cousin's promise.

  No, because John and his cousin are trying to form a contract that requires a writing under the Statute of Frauds. 

 

Question 48

2 / 2 pts

Cozy Drinks, Inc. sells gourmet coffee grounds in bean-shaped mugs. The company would like to trademark its product. Can it?

  Yes, if it the mug's shape calls to mind a particular service mark.

x  Yes, if the mug shape is distinctive. 

  No, because shapes of product containers are protected by patent law. 

  No, because container shapes are functional and therefore generic. 

 

Question 49

2 / 2 pts

In the United States, anti-discrimination laws modify which doctrine, which holds that an employer can generally terminate an employee for any reason?

x  At-will 

  Wrongful termination 

  Prevailing wage 

  Collective bargaining 

 

Question 50

2 / 2 pts

In professional malpractice cases, the plaintiff must prove which of the following?

  That the damages are covered by malpractice insurance sufficient to pay the plaintiff 

  That the defendant did not act with the ordinary care of a reasonable person 

  That the defendant intended to cause damage to the plaintiff 

x  That the defendant did not act as a reasonable person in his or her profession would