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Question 1

BUS 415 Week 5 Individual Business Entities, Laws and Regulations Paper
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Answer 1

BUS 415 Week 5 Individual Business Entities, Laws and Regulations Paper
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Restaurant/bar: Lou and Jose plan to open a sports bar and restaurant where customers socialize and watch sporting events on large-screen TVs that hang around the bar. They do not have much money, but they do have Miriam, a wealthy investor who does not have time to participate in the business, but wants to provide capital to start the business in return for a percentage ownership.

Extermination business: Frank is a wealthy investor who plans to open a chain of exterminating businesses across the United States.

Professional practice: Akiva and Tara have just completed all educational and experiential requirements to be licensed as obstetricians. They want to open a birth clinic together. They will take out a large loan to finance start-up costs.

Construction Scenario: Mei-Lin is the hiring manager for Surebuild, Inc., a new construction company. She has advertised a position as a jackhammer operator. The position’s description states that the successful applicant must have a high school diploma. The following people apply for the position: Michelle, 35, who appears to be pregnant, is a high school graduate, and was formerly employed as a jackhammer operator; Eric, 55, who is experienced with a jackhammer, but has no high school diploma; Felipe, who is 38, speaks no English, has no high school diploma, but is experienced with a jackhammer; and Nick, 23, a college graduate who is epileptic, and has no experience with a jackhammer.

Write a 1,050- to 1,400-word paper, discussing two of the above three businesses, and the Construction scenario. For each business, discuss the business entity that represents the best choice for each business, taking control, taxation, and liability issues into consideration. Identify laws and regulations each business must consider in starting the business, and identify risks against which each business must protect itself. For the Construction Scenario, identify the employment discrimination issues in the scenario and discuss how to deal with such discrimination issues by citing,discussing and applying the applicable federal employment discrimination laws and regulations.

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Question 2

BUS 415 Week 5 DQ 2
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Answer 2

BUS 415 Week 5 DQ 2
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Your employee, Tom Smith, believes women are treated as inferiors in the department where he works. He has complained to his supervisor, Doug Greer, who is also your employee, and the Equal Employment Opportunity Commission (EEOC). Greer has responded by reducing Smith’s salary and opportunities for overtime. Does Smith have a case against your company? If so, describe his cause of action and what he must prove to recover.

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Question 3

BUS 415 Week 5 DQ 1
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Answer 3

BUS 415 Week 5 DQ 1
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What is the chronological order of the major legislation that makes up the history of employment law in this country? For each law, state the social problem the law was designed to address, and discuss how employment law has affected the workplace in the last two decades.

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Question 4

BUS 415 Week 4 Learning Team Foodmart Inc Paper
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Answer 4

BUS 415 Week 4 Learning Team Foodmart Inc Paper
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Foodmart, Inc. is a retail grocery store chain based in Any State, U.S.A. Foodmart has stores throughout the United States. Brian McDonald works as the produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending his summer vacation working for Brian in the produce department.

Write a 1,050- to 1,750-word paper with detailed answers to the following scenarios:

Foodmart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in new contracts, subcontracted the job to Build Them to Fall Construction. Foodmart was unaware of the subcontract. When Foodmart realized, due to the poor quality of work, that Build was handling the renovation, Foodmart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Summarize the legal defenses to contract formation and enforcement.

o At the end of the summer, Jeremy Atwater earned enough money to put a down payment on a car. He decides to continue working part-time during school to earn money for the car payments. Jeremy purchased a car from Smooth Sales Used Cars. Smooth did not ask Jeremy how old he was; the salesman assumed he reached the age of majority. Jeremy paid the down payment and signed a contract stating that he would make payments of $200 each month. Six months later, Jeremy lost his job and could no longer make the payments. Jeremy took the car to Smooth and said he wanted to cancel the contract, and that he wanted his money back. What are the possible outcomes? Compare and contrast potential legal and equitable remedies.

Brian McDonald spent his time away from work on his hobby, model trains. His train set was large and consisted of rare and one-of-a-kind trains. One day, while visiting with fellow train hobbyist Harry, Brian said, “When I retire in 2 years from Foodmart, I’m going to sell my trains and spend the rest of my life traveling on real trains.” Brian told Harry that he was the only person he planned to offer his trains to, because he knew Harry would take care of them. Harry said he looked forward to the day when he could buy the trains. Harry spent the next 2 years and most of his savings building a new 2,000-square foot room onto his house to make room for the trains. When Harry told Brian he was building the new room, Brian just smiled. Brian also heard that Harry borrowed money from his aunt to buy the trains. When Brian retired, he sold his trains to his neighbor, James. Harry sued Brian, claiming breach of contract, or in the alternative, for promissory estoppel. Who wins? Explain your answer with respect to both alternative claims. You may assume that there is no Statute of Frauds issue merely because any contract is not in writing.

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Question 5

BUS 415 Week 4 DQ 3
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Answer 5

BUS 415 Week 4 DQ 3
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For this DQ, think of a business you might like to start – briefly describe it. Decide upon a business type/organization (sole proprietorship, LLC, C-Corp, etc.) and state why you chose that type. Describe all of the steps you need to take to legally form your business in your particular state of residence (MA).

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Question 6

BUS 415 Week 4 DQ 2
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Answer 6

BUS 415 Week 4 DQ 2
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Tom inherited his father’s landscaping business, and incorporated the business after he read an article in Lawn News, advising landscaping businesses to incorporate. Tom has been sued by a customer, whose prize rose bushes were accidentally damaged by a landscaper. Tom called his attorney, Hector, to represent him in the lawsuit. When Hector asked for the corporate minutes, Tom said, “What corporate minutes?” Hector advised Tom that his personal assets could be taken if he lost the suit, but Tom said, “No, don’t worry! I’m a corporation; I have no personal liability!” Is Tom correct? Identify and discuss the legal principle that would be applied by a court to resolve this issue, and predict the outcome of the suit against Tom

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Question 7

BUS 415 Week 4 DQ 1
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Answer 7

BUS 415 Week 4 DQ 1
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Elaine and Roy are registered nurses. They want to start a home health agency, taking referrals from physicians and providing health care to homebound patients. They plan to be in business for 10 years. Identify the reasons why incorporation is an effective idea for their business, the steps they must take to incorporate their business, and the steps they must take to dissolve the corporation once the 10 years has passed. (Please apply your discussion specifically to the business above and give illustrations involving that business.)

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Question 8

BUS 415 Week 3 Learning Team Synopsis of Tort Cases Paper
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Answer 8

BUS 415 Week 3 Learning Team Synopsis of Tort Cases Paper
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Write a minimum of a 350-word synopsis for each scenario in which you answer the following statements:

o Indentify each possible tort action by stating the legal claim and the plaintiff and defendant for the legal claim
o Provide an analysis of how each possible tort action will be resolved, which will involve stating the key legal
elements of each tort claim and also describing any viable legal defenses that the defendant may have

Scenario 1: Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and sending the ball into the stands, injuring a fan. The referee calls this an incomplete pass, which upsets Malik, a fan seated next to Ruben. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the aisle steps, knocking out two of his front teeth. An usher takes Malik to the first aid station.

On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel’s boss, who tells him he does not want anyone working for him who would give alcohol to a child, and that Daniel is fired. Meanwhile, the concession worker gets distracted by the scene in front of him, and accidentally gives Daniel two regular, sugary soft drinks instead of diet drinks. Daniel and Ruben drink the soft drinks as they exit the stadium.

Just as Daniel and Ruben arrive at their car, Malik and his wife appear behind them. Malik is pointing a gun at Daniel. The gun is not loaded, but he wants to scare Daniel. Unfortunately, Daniel has a concealed weapon and, believing himself threatened, shoots Malik. Malik’s wife starts screaming and phones for an ambulance and the police. Before the police and ambulance arrive, Daniel slips into a diabetic coma.

Scenario 2: Anna orders a meal in an Italian restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Anna’s cry, another waiter who is pouring wine at a nearby table spins around and bumps into Anna’s waiter, who is carrying a flaming dish. The flaming dish tilts onto Anna’s waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. An old lady is trampled by the crowd and is seriously injured. Several other patrons suffer smoke inhalation and burns, but finally, everyone is out.

When the ambulances and fire engines arrive, Anna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg.

Scenario 3: Franco is an agent for SureCo, Inc., an independent insurance agency that offers policies from several insurance companies. With the economy in crisis, SureCo is experiencing hard times. The boss tells the agents that if they do not start selling insurance policies, the agency is going to shut down and everyone will be out of a job. Franco needs this job badly, and starts calling his customers to see if he can sell some policies. He calls Raul, and tells Raul that if he increases his coverage at present rates, Franco will guarantee that the premiums will never go up. He tells other customers the same thing, and many take advantage of the offer to increase their coverage and lock in at the present rates. The commissions start rolling in, and the boss is pleased.

A year later, when customers get bills for policy renewals, they are irate to see that premiums have gone up. The boss finds out for the first time what Franco has done when she is served with a lawsuit filed by a customer. She yells at Franco, and demands that he clear out his desk. She has security escort Franco out of the building in front of the other agents, who are shocked. When asked by the other agents about what happened, the boss tells them Franco was fired for stealing.

Raul decides to get back at the agency, and marches up and down the street in front of the agency with a big sign that says, “SureCo cheats its customers!” The boss cannot let this continue, so she takes a staple gun, goes outside, and fires it in Raul’s direction, hoping to scare him away. Unfortunately, she misses and hits Raul in the eye, causing permanent blindness in that eye.

Scenario 4: Randy is a sales clerk at Buy-Mart, a huge discount store. He works in the hardware and gun department. One day, Lee asks to look at a rifle. Randy unlocks the case and hands Lee the rifle he wanted to see. Lee examines the rifle, and tells Randy he will take the rifle and a box of bullets. Randy puts the bullets on the counter, and turns to ring up the transaction. While Randy is not looking, Lee opens the box, loads the rifle, aims, and shoots a lady who is walking with a man in the next aisle. Upon seeing his wife fall, the man clutches at his chest and has a heart attack.

Lee aims at someone else, but Randy tackles him and knocks him down, spoiling his shot. The bullet ricochets off a metal beam and injures a boy. Randy and Lee struggle until Randy knocks Lee unconscious. The store security guard comes over and, in the heat of anger, kicks the unconscious Lee in the ribs. Randy can hear Lee’s ribs breaking. Randy and the security guard manage to lock Lee in a storage room until the police come. For some reason, the police do not arrive for two hours. Before they get there, Lee comes to and bangs on the door, saying he needs medical attention. The security guard tells Lee, “Be quiet or I will break more of your ribs.” Lee does not get released from the closet until the police arrive to arrest him.

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Question 9

BUS 415 Week 3 DQ 3
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Answer 9

BUS 415 Week 3 DQ 3
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Distinguish between a joint tenancy and a tenancy in common with regards to real property. What are the differences in the owners’ rights and obligations between the types of ownership?

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Question 10

BUS 415 Week 3 DQ 2
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Answer 10

BUS 415 Week 3 DQ 2
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What is the purpose of the Uniform Commercial Code (UCC)? What types of transactions are covered by the UCC? What problems was the UCC designed to address? How would interstate transactions be different without the UCC? Provide an example.

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Question 11

BUS 415 Week 3 DQ 1
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Answer 11

BUS 415 Week 3 DQ 1
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Hazel is 84, and suffers from debilitating arthritis. Sometimes, she can barely walk. Every time Hazel has been unable to get around, her neighbor Ruth cooks and cleans for her until she feels better. Hazel has offered to pay Ruth, but Ruth always declines. One day when Hazel is feeling well, she and Ruth eat out in a restaurant, and Hazel tells Ruth she is going to leave her $50,000 in her will. Six months later, Hazel dies without leaving a will.

Can Ruth successfully sue Hazel’s estate for $50,000?

State the legal reasons for your answer.

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Question 12

BUS 415 Week 2 Individual Assignment State of Confusion Paper
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Answer 12

BUS 415 Week 2 Individual Assignment State of Confusion Paper
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The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute.

Write a 650 word paper addressing the following questions:

What court will have jurisdiction over Tanya’s suit? Why?

Is the Confusion statute constitutional? Discuss your legal reasoning.

What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity?

Is Tanya likely to prevail on her suit? Explain the reasons for your answer.

Set forth in detail the stages of a civil suit.

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Question 13

BUS 415 Week 2 DQ 3
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Answer 13

BUS 415 Week 2 DQ 3
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Paulette is the owner of the Rock On Mobile Home Park. For several years, Albert regularly collected rent for Paulette from the tenants of the mobile home park. Recently, Paulette learned that Albert pocketed some rent he collected, so Paulette fired Albert, and revoked his authority to collect rent payments from tenants. However, neither Paulette nor Albert told any tenants of Albert’s termination. Yesterday, Albert went around to Theresa’s mobile home and asked for the rent. Theresa paid Albert the money owed to Paulette. Albert never gave this money to Paulette. Is Theresa liable to pay Paulette? Why or why not? What legal principle did you apply? Discuss an agent’s obligations toward his principal.

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Question 14

BUS 415 Week 2 DQ 2
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Answer 14

BUS 415 Week 2 DQ 2
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Felix is a school bus driver. He is driving children home from school one day, when he is distracted by a fight in the back of the bus. He turns to see what is happening behind him, and accidentally strikes and kills two twins riding bicycles in the bike lane. One twin is a brain surgeon, and the other is a garbage collector. Each has dependents. Explain how damages will be calculated for each victim, and why the families will collect different amounts. Is this a fair system? Why or why not?

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Question 15

BUS 415 Week 2 DQ 1
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Answer 15

BUS 415 Week 2 DQ 1
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Mary is cutting weeds at her home. She is unable to trim some weeds she finds, because they grew between the rocks, so she removes the protective guard on the weed trimmer and trims the weeds. There are no warnings on the weed trimmer advising against removing the guard. She hits a rock, which is thrown to the side, hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants?

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Question 16

`BUS 415 Week 1 Individual Assignment Business Ethics Case Paper
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Answer 16

BUS 415 Week 1 Individual Assignment Business Ethics Case Paper
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Read Business Ethics Case 3.5 at the end of Chapter 3 of The Legal Environment of Business and Online Commerce. and the opinion in Calder v. Jones referenced in the case (the opinion is readily available by just Googling “Calder v. Jones). After reading the case and the opinion, answer the following questions in a paper of no more than 250 words and post the paper to Assignments (Ignore the questions in the textbook):

Was it ethical for the two individual defendants (other than the National Enquirer) to try to avoid being sued in California?
Are the two individual defendants subject to personal jurisdiction in California? Why or why not?

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Question 17

BUS 415 Week 1 DQ 2
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Answer 17

BUS 415 Week 1 DQ 2
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Miguel buys a truck in Texas, then moves to Washington. A year later, he is driving his truck in Oklahoma, and causes an accident by running into another car, whose driver is from Florida. In what states will the other driver be able to sue Miguel? State the reasons for your answer.

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Question 18

BUS 415 Week 1 DQ 1
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Answer 18

BUS 415 Week 1 DQ 1
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What is a business’s obligation to build an ethical culture and balance its desire for profit with ethical responsibilities to employees, customers, society, and the environment?

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Question 19

BUS 415 Final Guide – 2 Sets
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Answer 19

BUS 415 Final Guide – 2 Sets
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Set 1
1) The doctrine of stare decisis concerns
A. staring at the facts of a case for a long time to make sure the correct decision is made.

B. making sure to do adequate research before making a legal decision
C. following precedents so that legal principles announced in a case are used to determine later cases
D. using constitutional law to render a decision

2) The form of alternative dispute resolution wherein the parties hire someone to review the evidence and make a decision that is binding upon the parties is called
A. arbitration
B. settlement conference
C. negotiation
D. conciliation

3) A corporation is considered a citizen of what state?
A. The state where the president of the corporation lives
B. It is not a citizen because it is a business
C. The state where the majority of the employees live
D. The state where it filed its Articles of Incorporation

4) Which of the following statements is true regarding the relationship of law and ethics?
A. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.
B. The legal requirements will almost always be the same as the ethical requirement because the law is based on ethical standards.
C. In some cases, ethics will require a higher standard of conduct than the law, but never vice versa.
D. In some cases, the law will require a high standard of conduct than ethics, but never vice versa.

5) Which of the following is correct with regard to the relationship between law and ethics?
A. Although much of law is based on ethical standards, not all ethical standards have been enacted as law.
B. The rule of law and the golden rule of ethics demand the same response.
C. The law may not permit something that would be ethically wrong.
D. Lawful conduct is always ethical conduct.

6) The Federal False Claims Act is also known as
A. The Statute of Limitations
B. The Sarbanes-Oxley Act
C. The Whistleblower Statute
D. The Statute of Frauds

7) Harry Hoosier, an Indiana resident, drives his family to Florida for spring vacation. When he is at a red light, Freddie Floridian, a Florida resident, is unable to stop in time and his vehicle impacts Harry’s car from the rear. No one is hurt and Harry’s vehicle suffers approximately $10,000 in damages. Which is correct?
A. Harry can sue Freddie in State but not Federal Court in Florida or Indiana.
B. Harry can sue Freddie in Federal Court in Florida but not in Indiana.
C. Harry can sue Freddie in State Court in Florida or Indiana.
D. Harry can sue Freddie in State but not Federal Court in Florida but not in Indiana.

8) A defendant fails to answer a civil lawsuit, what is likely to happen?
A. The court will order that the defendant go to jail until he or she agrees to answer.
B. A court will contact the defendant and ask him to answer the lawsuit.
C. The court will grant a default judgment against the defendant.
D. The court will dismiss the case.

9) If a defendant files a motion for summary judgment in a civil case, what is the defendant saying?
A. That even if what the plaintiff says is true, there is no basis for judgment against the defendant
B. That the plaintiff’s claims are false
C. That the court has no jurisdiction to decide the case
D. That the case is ready to go to the jury

10) Monica owed Bob $500, which was more than a year overdue. Bob got drunk at a party and told everyone that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation?
A. No, because Bob had been drinking
B. Yes, because Bob abused his conditional privilege
C. No, because Bob was telling the truth
D. Yes, because Bob communicated the statement to third persons

11) Persons who sell abnormally dangerous products such as poisons or power tools
A. are liable to persons they injure even if they are not negligent
B. are generally not liable for the injuries they cause because otherwise no one would undertake these activities
C. are liable only if all elements of negligence are proven against them
D. are liable only if they intended to cause a particular injury

12) Carlos is an investment broker, operating as a sole proprietor. William is his employee. Juanita, a new client, gives William $1,000,000 in cash to invest for her, and William gives her a receipt. Instead of investing the money, William takes the $1,000,000 and leaves the country. Carlos learns of the transaction for the first time when Juanita appears at the office a month later to discuss the allocation of her investments, and shows him the receipt signed by William. Juanita is upset to learn that Carlos does not have her money, and tells him she is going to sue. What will be the outcome of Juanita’s suit against Carlos?
A. Juanita will lose the case because she cannot find William to serve him with a lawsuit.
B. Juanita will recover a judgment against Carlos for the entire amount.
C. Juanita will lose the case because was not informed of the transaction.
D. Juanita will recover a judgment against Carlos for half the missing money.

13) Mary’s mother agrees to give her a new car if Mary maintains an A average for her senior year of college. Mary does in fact earn an A average, but when she asks for the car, Mary’s mother tells Mary that she just told Mary that to motivate her and she will not be getting a car. Mary sued her mother alleging a breach of contract. Who will win this suit?
A. Mary wins but only if she can prove that the fair market value of the time she spent studying was equal to the value of the car.
B. Mary wins because her actions in reliance upon her mother’s promise constitute consideration.
C. Mary’s mother wins because there was no consideration for her promise.
D. Mary’s mother wins because Mary had a preexisting obligation to do her best.

14) Where a contract calls for action that violates a statute, in a breach of contract case the court will
A. order payments so that the parties to the illegal contract share any losses equally
B. order both parties to return any consideration received
C. impose the appropriate criminal penalty
D. ignore the contract and leave the parties where they are

15) Ray and Nikki are in fifth grade together. Ray gets a new skateboard for his birthday and offers to sell Nikki his old one for $15. Nikki pays the money, and Ray gives her the old skateboard. Is this a valid contract?
A. This is an unenforceable contract because Ray and Nikki can not file a lawsuit.
B. This is a voidable contract because the parties to the contract were minors.
C. This is a valid contract. There was a fair consideration paid for the skateboard, and both parties got what they wanted.
D. This is a void contract because the parties to the contract were minors.restraint of trade.

16) A retailer ordered some inventory by phone from a manufacturer. The order was for 1,000 machines from the manufacturer’s inventory at $300 each. The manufacturer sent the retailer a fax a few moments later detailing the order. The retailer looked at the fax and was satisfied that it stated the terms of the contract, but never responded in any way. When the goods were delivered on time a month later, the retailer refused to accept them, asserting that the contract was unenforceable.
A. The contract is enforceable under the written confirmation rule.
B. The contract is enforceable because it would be unconscionable not to enforce it.
C. No writing is needed because of one of the exceptions to the Statute of Frauds.
D. The contract is unenforceable because the retailer has not signed it in writing.

17) Patty went to a used car lot and purchased a car. Two weeks later, the transmission fell out as she was driving to work. She contacted the dealer to complain, but the dealer told her the car had been sold “As Is”. The dealer advised her to check in the glove compartment of the car, where Patty found a notice that stated, “This vehicle is sold AS IS. The purchaser will bear the expense of any repairs that are necessary to this vehicle.” Does the notice mean that Patty has no rights against the dealer with respect to the condition of the vehicle?
A. No, the notice is there for subsequent purchasers of the car.
B. No, the notice was not conspicuously displayed on the vehicle.
C. Yes, the notice operates to void any warranty on the vehicle.
D. Yes, Patty should have inquired about the warranty when she bought the car.

18) Ted’s Gifts and Sweets enters into a written contract with Bannon Candies to supply Ted’s with 60 dozen boxes of coconut clusters each month for sale to the public. The agreement contained an integration clause. Before the first delivery under the contract, Ted and his warehouse manager called Debbie, the Bannon’s account representative, to request that the candies be delivered in special Valentine boxes. Debbie told Ted, “Don’t worry, I’ll tell the shipping department to take care of that.” When the candies were delivered, they were in standard cardboard boxes. Ted called Bannon and threatened to sue for breach of contract. Will Ted prevail in his suit?
A. No, Ted will not prevail because his attempt to modify the agreement was not effective.
B. No, Ted should have written a letter to change the type of boxes in the contract.
C. Yes, Ted will prevail because he has a witness to the telephone call.
D. Yes, Ted made a valid modification to the parties’ original agreement.

19) Mary and George are a husband and wife who reside in a community property state. For 30 years, George has been the sole provider while Mary cared for the children and home. George dies, leaving a will that leaves his estate to their three children, now adults. How is the ownership of the house affected?
A. Mary and the adult children each own a quarter interest in the house.
B. Mary owns half interest in the house, and the adult children own the other half.
C. Mary and the adult children become tenant in the entirety.
D. Mary owns the entire house, as the community survivor.

20) Jane and Bill are married. They purchase a house and lot as tenants by the entirety. Then Jane is killed in a car accident. Her will leaves everything to her sister, Ruth. What will happen to Jane’s interest in the property?
A. Bill will have to buy out Ruth’s interest in the property.
B. Ruth will own the property with Bill as joint tenants.
C. Bill will be the sole owner of the property.
D. Ruth will own the property with Bill as tenants by the entirety.

21) Melinda owns a rental property. She deeds the property to her son Jack, by warranty deed. Ten years later she sells the property to Brenda, her neighbor, and signs a quitclaim deed to the property in favor of Brenda. Who owns the property?
A. Melinda still owns the property, because neither deed was effective.
B. Jack owns the property.
C. Brenda owns the property.
D. Jack and Brenda each own half the property.

22) Which is true of a limited partnership?
A. A partnership is limited to doing business in the state of incorporation.
B. The liability of all owners is unlimited.
C. At least one of the partners must be a general partner with unlimited personal liability.
D. The liability of all owners is limited to the amount of their contribution to the business.

23) Which of the following is true when a general partnership is converted to an LLC?
A. The members will retain unlimited personal liability for obligations incurred while the business was a partnership.
B. The property must be sold to a third party who then immediately sells it to the LLC.
C. The profit and loss sharing terms must remain the same as they were in the partnership.
D. The conversion can be made retroactive for up to two years.

24) John and Jake are partners in a bowling alley. Business has been bad lately, and they need more operating capital, so they invite Lisa to become a partner. What liability does Lisa have for partnership debts?
A. Her liability is limited to the amount she invested.
B. She owes one third of all the partnership debts.
C. She owes an equal share of all partnership debts.
D. She owes an equal share in all debts incurred after she became a partner.

25) The alter ego doctrine provides as follows:
A. That protection from personal liability can be forfeited if corporate formalities are not observed
B. That a corporation becomes the alter ego of its owner
C. That the board of directors is the alter ego of a corporation
D. That the president is the decision maker of a corporation

26) Rita is the sole shareholder of an auto repair shop that is incorporated. She is at work one day when her sister comes in and tells her she needs $100 for schoolbooks. Rita looks in her wallet, and seeing that it contains no money, opens the cash register and takes out $100, which she hands to her sister. The sister looks worried, but Rita tells her, “Don’t worry; I take money out of the cash register all the time for my personal expenses. It’s my business, so I can take money out whenever I want.” Her customer, who is waiting to pick up his car, tells Rita that she is risking the piercing of the corporate veil. Is the customer correct?
A. Yes, Rita is co-mingling personal assets with corporate assets.
B. No, Rita is the only shareholder and can do what she wants.
C. No, the customer is wrong.
D. Yes, Rita is not the board of directors.

27) Fred wants to start an adult daycare business, but is worried about potential liability. He hires an attorney to incorporate his business, but does not want to keep paying the attorney, so he dismisses the attorney as soon as the incorporation is accomplished. What else must Fred do to make sure he holds on to his protection from personal liability?
A. He must hire an independent contractor to take over the care of the patients.
B. He must maintain the corporate formalities and records.
C. He must post a disclaimer, advising persons who visit the property that the management is not responsible for injuries to guests.
D. He must buy malpractice insurance.

28) The uniform law, issued in 1984 by the Committee on Corporate Laws of the American Bar Association, that regulates the formation, operation, and termination of corporations is
A. The Standard Incorporation Act
B. The Model Business Corporation Act
C. The Revised Model Business Commercial Code
D. The Uniform Commercial Code

29) The DEF Corporation is incorporated in Texas. It wishes to do business in Oklahoma. Before DEF can legally do businesses in Oklahoma, which of the following must it do?
A. DEF must domicile itself in Oklahoma.
B. Nothing; DEF automatically has constitutional rights to do business in Oklahoma.
C. DEF must qualify (register) to do business in Oklahoma.
D. DEF must incorporate in Oklahoma.

30) A particular issue of stock carries a stated dividend rate of 8 %; that if this dividend is not paid during a particular year, it will be paid in a subsequent year before common stock dividends are paid; and that upon liquidation of the corporation, the owner will receive $300 per share before the common stockholders get anything. This stock is
A. cumulative preferred stock with a liquidation preference
B. noncumulative preferred stock with a liquidation preference
C. preferred stock
D. common stock

31) Marie works as a receptionist for a plumbing company. She works from 9:00 a.m. to 6:00 p.m. on Monday through Friday. She earns $12 per hour, and is told how to do her job and what she should be working on at any particular time. Her boss does not withhold any taxes from her paycheck. Which of the following is true?
A. Marie would be treated as an independent contractor because she is paid hourly.
B. Marie would be treated as an independent contractor because the employer doesn’t take any taxes out of her check.
C. Marie would be treated as an employee because of the control exercised by the plumbing company over her work.
D. Marie would be treated as an employee because she is paid for the work that she does.

32) Which of the following people is protected from employment discrimination on the basis of age?
A. A 30-year-old person who wants a job as a waitress
B. A 10-year-old person who wants a job as a bartender
C. A 50-year-old person who wants a job as an accountant
D. A 90-year-old person who wants a job as an airline pilot

33) Which of the following rejected applicants may have a valid claim for discriminatory hiring practices?
A. A trucking company did not hire a truck driver because she was pregnant.
B. A university did not hire a 22-year-old woman to be a director of faculty because she was too young.
C. A Catholic school did not hire a teacher because he was not Catholic.
D. A public health service did not hire a registered nurse because his shaking hands prevented him from administering injections.

34) Under the employment at will doctrine, employment relationship can be terminated
A. only by mutual agreement of the employer and employee
B. by either the employer or the employee
C. by the employer only
D. by the employee only

35) Company employee handbooks have been found to amount to a(n) \_\_\_\_\_\_\_\_\_\_\_\_\_\_ exception to the employment at will doctrine.
A. public policy
B. contract
C. tort
D. apparent

36) Which of the following statements best describes the workers’ compensation rules?
A. The employee will collect for all work-related injuries, and will not need to prove negligence on the part of the employer.
B. The employee has the choice to sue or proceed under the workers’ compensation statute.
C. The employer is liable for employment related injuries only if negligent.
D. The employer can avoid liability if the injured employee was contributory negligent.

37) The law gives the consumer what protection from aggressive tactics of door-to-door salespersons?
A. The customer may send the product back for a refund within 30 days.
B. The customer may keep the product without paying for it.
C. The customer may file a police report.
D. The customer may rescind the transaction within 3 days.

38) In general, trademark protection is granted based on whether the trademark is
A. understandable to the general public
B. the original creation of the trademark registrant
C. distinctive
D. novel and useful

39) Brian visits an office supply store after reading an advertisement, which shows a computer for sale at an incredibly low price. He asks to see the advertised computer. The sales person tells him that, although the ad just came out, the store has already run out of that particular computer. The salesman gets a different computer, and tries to interest Brian in this computer. The salesman is guilty of the following deceptive trade practice:
A. False description of the product
B. Deceptive advertising
C. Selling unsafe products
D. Product recall

40) Peter has a bus company, and hires drivers to drive his buses. He does not take any taxes out of their paychecks. The bus drivers have to drive the buses according to a particular schedule, and must follow a certain route, and follow the driving rules that are listed in the Driver’s Manual that Peter has provided. What is the employment status of the drivers?
A. They are principals.
B. They are employees.
C. They are partially disclosed agents.
D. They are independent contractors.

41) Barbara owns a dairy farm. One of her pastures needs cutting, so she hires Jed to do the work for $150. While oiling his riding mower, Jed hurts his arm, so he hires Bill to cut the pasture for $130. Bill takes his own mowing machine to Barbara’s pasture. During the mowing, Bill damages the fence, and some of the dairy cattle are later able to pass directly to a neighbor’s corn field, where they eat some of the corn, and trample the crop, causing the crop to be almost a total loss. Who is responsible for the damages caused by the cattle?
A. Jed is responsible, because Bill is Jed’s employee.
B. Barbara is responsible, because Jed is an independent contractor.
C. Bill is responsible, because he is an independent contractor.
D. Barbara is responsible, because they are her cattle.

42) William owns his own business, performing document delivery for various clients. He is driving in his delivery van, taking some important documents to the courthouse for an attorney’s office, when he makes a wrong turn and causes an accident, damaging Ruth’s car. May Ruth recover a judgment against the attorney’s office?
A. Yes, because the attorney has more money than William, so Ruth will be able to collect
B. No, because William was on a dual-purpose mission
C. No, because William is an independent contractor
D. Yes, because William was on an errand for the attorney at the time he caused the accident

SET 2
1) The doctrine of stare decisis concerns
A. staring at the facts of a case for a long time to make sure the correct decision is made.
B. following precedents so that legal principles announced in a case are used to determine later cases
C. making sure to do adequate research before making a legal decision
D. using constitutional law to render a decision

2) Which clause in the U.S. Constitution is most used in terms of regulating business activities?
A. The Bill of Rights
B. The Supremacy Clause
C. The First Amendment
D. The Commerce Clause 

3) The Federal Trade Commission is an example of
A. a temporary commission created by executive order that has become permanent
B. a federal agency created by the federal government
C. a corporation subsidized by the federal government
D. a branch of the U.S. Supreme Court

4) Which of the following is correct with regard to the relationship between law and ethics?
A. Although much of law is based on ethical standards, not all ethical standards have been enacted as law.
B. The rule of law and the golden rule of ethics demand the same response.
C. The law may not permit something that would be ethically wrong.
D. Lawful conduct is always ethical conduct.

5) Which of the following statements is true regarding the relationship of law and ethics?
A. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.
B. The legal requirements will almost alwaysbe the same as the ethical requirement because the law is based on ethical standards.
C. In some cases, ethics will require a higher standard of conduct than the law, but never vice versa.
D. In some cases, the law will require a high standard of conduct than ethics, but never vice versa.

6) The Federal False Claims Act is also known as
A. The Statute of Limitations
B. The Sarbanes-Oxley Act
C. The Whistleblower Statute
D. The Statute of Frauds 

7) A defendant fails to answer a civil lawsuit, what is likely to happen?
A. The court will order that the defendant go to jail until he or she agrees to answer.
B. A court will contact the defendant and ask him to answer the lawsuit.
C. The court will grant a default judgment against the defendant.
D. The court will dismiss the case.

8) The legal authority of a court to make orders that are binding upon the parties is called
A. Enumerated jurisdiction
B. In Rem jurisdiction
C. Personal jurisdiction
D. Quasi-in-Rem jurisdiction 

9) What facts justify a state court’s exercising personal jurisdiction over an out-of-state defendant?
A. The state is most convenient for the plaintiff.
B. The plaintiff lives in that state.
C. The defendant has sufficient contacts with the state such that the state’s exercise of personal jurisdiction of him in not unfair.
D. The defendant lives within 100 miles of that state.

10) What is the definition of a tort?
A. Any civil wrong that allows the injured person to recover damages
B. Any violation of an ethical duty
C. Any crime or misdemeanor
D. Any action done in violation of a prior agreement, which allows the victim to recover damages

11) Damages intended to punish a defendant and deter the defendant and others from engaging in the same tortious conduct in the future are called
A. nominal damages
B. penalty damages
C. retribution damages
D. punitive damages 

12) Persons who sell abnormally dangerous products such as poisons or power tools
A. are liable to persons they injure even if they are not negligent
B. are liable only if they intended to cause a particular injury
C. are generally not liable for the injuries they cause because otherwise no one would undertake these activities
D. are liable only if all elements of negligence are proven against them

13) Ray and Nikki are in fifth grade together. Ray gets a new skateboard for his birthday and offers to sell Nikki his old one for $15. Nikki pays the money, and Ray gives her the old skateboard. Is this a valid contract?
A. This is an unenforceable contract because Ray and Nikki can not file a lawsuit.
B. This is a void contract because the parties to the contract were minors.restraint of trade.
C. This is a voidable contract because the parties to the contract were minors.
D. This is a valid contract. There was a fair consideration paid for the skateboard, and both parties got what they wanted.

14) Which of the following best describes how e-mail contracts are viewed under the law?
A. E-mail contracts are generally treated similarly to contracts negotiated by other means.
B. E-mail contract are valid only for contract less than $500.
C. E-mail contracts are valid so long as both parties sign a written copy printed out from the e-mail.
D. E-mail contracts for goods can be valid, but not email contracts for services.

22) Which of the following is true when a general partnership is converted to an LLC?
A. The members will retain unlimited personal liability for obligations incurred while the business was a partnership.
B. The profit and loss sharing terms must remain the same as they were in the partnership.
C. The conversion can be made retroactive for up to two years.
D. The property must be sold to a third party who then immediately sells it to the LLC.

23) Which of the following is true of a limited liability company?
A. Limited liability companies are automatically taxed like corporations.
B. Documents do not have to be filed with the state to create one.
C. Limited liability companies have limited duration.
D. Limited liability companies are managed by members or managers.

24) Which is true of a limited partnership?
A. A partnership is limited to doing business in the state of incorporation.
B. At least one of the partners must be a general partner with unlimited personal liability.
C. The liability of all owners is unlimited.
D. The liability of all owners is limited to the amount of their contribution to the business.

25) Rita is the sole shareholder of an auto repair shop that is incorporated. She is at work one day when her sister comes in and tells her she needs $100 for schoolbooks. Rita looks in her wallet, and seeing that it contains no money, opens the cash register and takes out $100, which she hands to her sister. The sister looks worried, but Rita tells her, “Don’t worry; I take money out of the cash register all the time for my personal expenses. It’s my business, so I can take money out whenever I want.” Her customer, who is waiting to pick up his car, tells Rita that she is risking the piercing of the corporate veil. Is the customer correct?
A. Yes, Rita is co-mingling personal assets with corporate assets.
B. No, the customer is wrong.
C. Yes, Rita is not the board of directors.
D. No, Rita is the only shareholder and can do what she wants.

26) A corporation is required to maintain a separate identity because
A. if they do not maintain the separate identity, they become alien corporations
B. corporations are entities created by statute to limit the personal liability of investors
C. corporations can act only through officers
D. corporations have perpetual existence

27) Fred wants to start an adult daycare business, but is worried about potential liability. He hires an attorney to incorporate his business, but does not want to keep paying the attorney, so he dismisses the attorney as soon as the incorporation is accomplished. What else must Fred do to make sure he holds on to his protection from personal liability?
A. He must hire an independent contractor to take over the care of the patients.
B. He must maintain the corporate formalities and records.
C. He must buy malpractice insurance.
D. He must post a disclaimer, advising persons who visit the property that the management is not responsible for injuries to guests.

28) If a corporation is properly incorporated in one state and wants to do business in second state, the corporation
A. may be required to obtain a certificate of authority from the second state
B. must incorporate in the second state
C. must do nothing because being incorporated in one state entitles the corporation to do business in all states
D. must register with the Interstate Commerce Commission

29) Rover Corporation is a regular corporation that has not elected S corporation status. In 1992, Rover earned $100,000; in 1993, Rover distributes $50,000 to its shareholders. Which of the following best describes the tax consequences to rover and its shareholders?
A. Rover is taxed on $100,000 in 1992; the shareholders are taxed on $50,000 in 1993.
B. The shareholders are taxed on $100,000 in 1992; Rover is not subject to tax.
C. Rover is taxed on $100,000 in 1992; the shareholders are not subject to tax.
D. Rover is taxed on $100,000 in 1992; the shareholders are taxed on $50,000 in 1992.

30) What types of business can be converted to an LLC?
A. Corporations, general partnerships, and limited partnerships
B. General partnerships only
C. General partnerships and limited partnerships only
D. Corporations and limited partnerships only

31) What is the primary purpose of the Occupational Safety and Health Act?
A. Its purpose is to promote the provision of healthcare benefits by employers having more than 15 employees.
B. Its purpose is to protect the safety of workers and the safety of those who purchase the employer’s products or services.
C. Its purpose is to reduce the application of industry standards to workplace conditions.
D. Its purpose is to compel employers to provide a work environment that is free from recognized hazards that could cause death or serious injury.

32) Which of the following best describes the status of the employment at will doctrine in the United States today?
A. It still applies today, but only to employees who are expressly told that they are an at-will employee when they are hired.
B. It applies in most states to most employment relationships, but there are many exceptions that limit its application.
C. It applies more today than in the last century, and the quantity of corporate layoffs is evidence of this.
D. It today applies only to the employer, although in the past it applied to both the employee and employer.

33) Which of the following rejected applicants may have a valid claim for discriminatory hiring practices?
A. A university did not hire a 22-year-old woman to be a director of faculty because she was too young.
B. A public health service did not hire a registered nurse because his shaking hands prevented him from administering injections.
C. A Catholic school did not hire a teacher because he was not Catholic.
D. A trucking company did not hire a truck driver because she was pregnant.

34) Which of the following statements best describes the workers’ compensation rules?
A. The employee has the choice to sue or proceed under the workers’ compensation statute.
B. The employer can avoid liability if the injured employee was contributory negligent.
C. The employer is liable for employment related injuries only if negligent.
D. The employee will collect for all work-related injuries, and will not need to prove negligence on the part of the employer.

35) Which of the following is a correct statement of the requirements for a bona fide occupational qualification?
A. Rationally based and evenly applied
B. Job related and cost effective
C. Job related and nondiscriminatory
D. Job related and a business necessity 

36) What is generally the effect when an exception to the employment at will doctrine applies?
A. Employees can be prohibited from quitting a job.
B. There is some sort of limitation on at least one party’s ability to terminate the employment relationship.
C. The Fair Labor Standards Act will set the terms, such as pay, for the employment relationship.
D. The employer is required to hire a certain employee.

37) In general, trademark protection is granted based on whether the trademark is
A. distinctive
B. the original creation of the trademark registrant
C. understandable to the general public
D. novel and useful

38) What federal legal protection is there with respect to trade secrets?
A. Trade secrets are protected under the Economic Espionage Act of 1996.
B. Trade secrets are protected under the federal copyright laws.
C. Trade secrets are protected under the Trade Secret Protection Act of 1952.
D. Trade secrets are protected under the federal patent laws.

39) The Biosafety Protocol provides as follows:
A. Employees must wash hands when preparing food.
B. Medical waste must be safely disposed.
C. Vaccinations must contain live virus.
D. Genetically engineered food must state that it may contain modifications.

40) Patricia owns a Mexican restaurant, famous for home-made tortillas. The tortillas are made by several women, who make the tortillas in their homes and sell them to the restaurant. Some of the women have been making tortillas for Patricia for years, while others have just started. Patricia pays for the tortillas by the dozen. What is the nature of the employment relationship between the women and Patricia?
A. The women are agents of the restaurant.
B. The women are part-time employees of the restaurant.
C. The women are independent contractors.
D. The women are employees of the restaurant.

41) Rachel and Roy are married. Phillip is a private investigator, who is following Rachel at Roy’s request, to see if she is involved in another relationship. At one point, Rachel enters a “women only” gym, where Phillip cannot follow. Phillip calls his friend Sue and tells her that if she will enter the gym and observe Rachel, Roy will pay her $25 an hour for her services. Sue goes to the gym and observes Rachel for 3 hours, after which she bills Roy for $75. Must Roy pay Sue’s bill?
A. No, because Sue is not a licensed private investigator
B. Yes, because Sue is entitled to collect on a quasi-contract basis
C. No, because Roy is not liable for contracts entered into by Phillip
D. Yes, because Phillip was acting as Roy’s agent when he hired Sue

42) Barbara owns a dairy farm. One of her pastures needs cutting, so she hires Jed to do the work for $150. While oiling his riding mower, Jed hurts his arm, so he hires Bill to cut the pasture for $130. Bill takes his own mowing machine to Barbara’s pasture. During the mowing, Bill damages the fence, and some of the dairy cattle are later able to pass directly to a neighbor’s corn field, where they eat some of the corn, and trample the crop, causing the crop to be almost a total loss. Who is responsible for the damages caused by the cattle?
A. Bill is responsible, because he is an independent contractor.
B. Jed is responsible, because Bill is Jed’s employee.
C. Barbara is responsible, because Jed is an independent contractor.
D. Barbara is responsible, because they are her cattle.

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Question 20

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BUS 415 Week 1 DQ 1
BUS 415 Week 1 DQ 2
BUS 415 Week 1 Individual Assignment Business Ethics Case Paper
BUS 415 Week 2 DQ 1
BUS 415 Week 2 DQ 2
BUS 415 Week 2 DQ 3
BUS 415 Week 2 Individual Assignment State of Confusion Paper
BUS 415 Week 3 DQ 1
BUS 415 Week 3 DQ 2
BUS 415 Week 3 DQ 3
BUS 415 Week 3 Team Assignment Synopsis of Tort Cases Paper
BUS 415 Week 4 DQ 1
BUS 415 Week 4 DQ 2
BUS 415 Week 4 DQ 3
BUS 415 Week 4 Team Assignment FoodmartInc Paper
BUS 415 Week 5 Individual Assignment Business Entities, Laws and Regulations Paper

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