ETH 321 entire course Flashcards

1
Q

DEVRY ETH 321 Week 5 DQs NEW

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Discussion Questions: Week Five

What is the Title VII test for religious discrimination? What is an Undue Burden?

What is Disparte Impact? Provide an Example.
What is a BFOQ?

So, it is a form of legal discrimination. Courts allow it since they realize that there will be certain situations where ESSENTIAL job requirements discriminate against a member of a protected group. BTW NO BFQS for RACE. WHY?

What is “At Will” Employment? Do you agree with the concept?
What is Disparate intent? Provide an example.

So, do you feel that the law should create some form of intangible work, right?

Do courts find BFOQ’s narrowly or broadly? Why?

A

DEVRY ETH 321 Week 5 DQs NEW

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2
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UOP ETH 321 Week 1 DQ NEW

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Why should a company care about Ethics?

What are some positives of the Common Law?

What is the deference between Venue and Jurisdiction?
Give examples of each one.

The 5th Amendment requires the government to act with Due Diligence. What does that mean?

What is the difference between Binding Arbitration and Mediation?

What are some pros of ADR vs. Litigation?

A

UOP ETH 321 Week 1 DQ NEW

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3
Q

DEVRY ETH 321 Week 5 DQs NEW

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Discussion Questions: Week Five

What is the Title VII test for religious discrimination? What is an Undue Burden?

What is Disparte Impact? Provide an Example.
What is a BFOQ?

So, it is a form of legal discrimination. Courts allow it since they realize that there will be certain situations where ESSENTIAL job requirements discriminate against a member of a protected group. BTW NO BFQS for RACE. WHY?

What is “At Will” Employment? Do you agree with the concept?
What is Disparate intent? Provide an example.

So, do you feel that the law should create some form of intangible work, right?

Do courts find BFOQ’s narrowly or broadly? Why?

A

DEVRY ETH 321 Week 5 DQs NEW

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4
Q

UOP ETH 321 Week 5 Assignment Employment Classification and Discrimination NEW

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Purpose of Assignment
The purpose of this assignment is to discuss the elements of the different types of employment relationships and to analyze the ethics behind potentially discriminatory employment policies.
Assignment Steps
Scenario: An employee is hired by Dream Massage to be a massage therapist. She is hired as an independent contractor and, therefore, receives no tax withholding or employment benefits. Dream Massage requires the employee to work a set schedule, provides her clients and all her massage products, and exercises complete control over how she does her work. In addition, when the employee shows up to work the first day, she is informed by her employer she cannot wear her hijab as it violates the company’s dress policy.
Create a 700- to 1,050-word report in which you examine the employment issues presented in the scenario, including the following:
Analyze whether the employee qualifies as an employee or independent contractor.
Discuss whether Dream Massage has potentially violated any employment discrimination laws.
Analyze the ethical considerations behind maintaining a rigid company dress policy.
Cite a minimum of three peer-reviewed references.
Format your paper consistent with APA guidelines.

A

UOP ETH 321 Week 5 Assignment Employment Classification and Discrimination NEW

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5
Q

UOP ETH 321 Week 4 Team Assignment Environmental Law Case Study NEW

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Purpose of Assignment
The purpose of this assignment is to discuss the reasons for regulatory agencies and ethical considerations regarding regulatory compliance.
Assignment Steps
Discuss Case 15.2 Food and Drug Administration v. Brown & Williamson Tobacco Corporation with your Learning Team. This case is found in The Legal and Regulatory Environment of Business, pg. 459.
Develop a 350- to 700-word case study using the following format: facts, issues, rule, analysis, and conclusion.
Discuss the purpose of regulatory agencies and how laws are balanced with ethical concerns.
Cite a minimum of two peer-reviewed references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.
Note: Grades are awarded based upon individual contributions to the Learning Team assignment. Each Learning Team member receives a grade based upon his/her contributions to the team assignment. Not all students may receive the same grade for the team assignment.

A

UOP ETH 321 Week 4 Team Assignment Environmental Law Case Study NEW

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6
Q

UOP ETH 321 Week 1 Individual Assignment Laws and Ethics Paper (2 Papers) NEW

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The purpose of this assignment is to differentiate between law and ethics, understand how both affect today’s business environment, and identify the importance of alternative dispute resolution in business.
Assignment Steps
Develop a 1,050-word summary contrasting law and ethics describing the following:
Describe how laws or regulations affect your past or current job or industry.
Describe how ethical rules affect your past or current job or industry and explain why ethics are considered an asset to a workplace.
Discuss the various types of alternative dispute resolution (ADR) and analyze which types of ADRs are regularly used in your workplace.
Cite a minimum of two peer-reviewed references.
Format your paper consistent with APA guidelines

A

UOP ETH 321 Week 1 Individual Assignment Laws and Ethics Paper (2 Papers) NEW

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7
Q

UOP ETH 321 Week 2 Assignment Business Torts and Intellectual Property (Sam, ABC Paper Corp) NEW
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Purpose of Assignment
The purpose of this assignment is to identify the form of intellectual property outlined, and to examine the different types of torts committed.
Assignment Steps
Scenario: Sam is an employee of ABC Paper Corp. He signed a non-disclosure agreement as a condition of his employment with ABC. Sam is approached by XYZ Paper Co. with an offer of employment, but only if he brings his client list with him. Sam was fully responsible for creating his client list, so he agrees to provide it to XYZ. When Sam downloads his client list onto an external flash drive, he is caught in the act by his boss Natalie. Sam grabs the flash drive and runs out of his office, shoving Natalie aside when she attempts to stop him. Natalie falls and hits her head against the doorknob, suffering a concussion.
Develop a 1,050-word analysis using the information posed in the scenario.
Identify if there is an intellectual property at issue here. If so, what type?
Discuss if Sam’s actions are ethical. Why or why not?
Discuss the types of tort, if any, Sam committed. Did any of the other parties in this scenario commit a tort?
Discuss if any of Sam’s actions subject him to criminal liability.
Cite a minimum of three peer-reviewed references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment

A

UOP ETH 321 Week 2 Assignment Business Torts and Intellectual Property (Sam, ABC Paper Corp) NEW
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8
Q

UOP ETH 321 Final Exam Guide NEW
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1
Which of the following statements is true of a grand jury?

A grand jury has the authority to subpoena business records relevant to a lawsuit.

A grand jury determines whether the accused in a lawsuit is innocent or guilty.

At least 20 members should be present on a grand jury to examine evidences and vote on a case.

For an indictment to be returned, only one-third of a grand jury needs to agree that a crime has been committed.

2
Alan and Miriam are engaged in a debate on the importance of intellectual property rights. While Alan holds the view that intellectual property protection safeguards the interests of businesses, Miriam thinks that it ultimately puts businesses at a disadvantage by hampering the dissemination of information. Which of the following arguments is most likely to be raised by Alan to strengthen his proposition?

Intellectual property rights reduce the pace of research and development drastically.

Intellectual property rights result in an increased availability of products.

Intellectual property rights reduce businesses’ market share by facilitating competition.

Intellectual property rights allow businesses to charge premium prices for their products.
3
According to the __________, the acceptance of an offer results in a binding contract only if it exactly matches the terms of the offer.

mirror image rule

parol evidence rule

exclusive remedy rule

mailbox rule
4
The __________ enacted in 1938 established minimum wage, overtime pay, and record-keeping requirements.

Uniformed Services Employment and Reemployment Rights Act

Family and Medical Leave Act

Fair Labor Standards Act

Worker Adjustment and Retraining Notification Act
5
The term __________ refers to the placing of an individual in immediate apprehension for his or her physical safety.

defamation

conversion

assault

battery
6
The term __________ refers to any change in the ownership of a business organization that would alter its legal existence.

dissolution

consideration

rescission

conversion
7
Which of the following statements is true of the Securities and Exchange Commission?

Its members are appointed by the senate for a term of four years.

It is responsible for implementing the federal securities laws.

It lacks the authority to frame rules regarding transactions of securities.

Its members are either lawyers or security analysts.
8
A system of equally applied law is a necessity for the foundation of a strong, productive economy because it:

allows economically strong nations to exploit the resources of weaker nations.

incentivizes private businesses to restrict job opportunities for well-educated people.

encourages strangers to make agreements on certainty and trust.

prohibits individuals from trading in modern private markets.
9
Which of the following scenarios illustrates a formalist approach to business decisions?

Selling products by deceiving customers about possible negative aspects of the products

Monitoring employee browsing history without their consent to curb non-productive activities

Informing new customers about delays in production schedules

Assigning significantly high productivity targets to reduce costs
10
A(n) __________ refers to the individual or business entity offering a security for sale to the public.

controlling person

seller

issuer

underwriter
11
Windy and Ruby plan to present a paper on intellectual property rights. They decide that Windy will present the arguments in favor of intellectual property rights and that Ruby will argue how intellectual property rights could be detrimental to businesses and their customers. Which of the following is most likely to be Ruby’s argument?

Intellectual property rights reduce businesses’ prospects of economic return on investment.

Intellectual property rights reduce the pace of research and development drastically.

Intellectual property rights result in a decrease in the availability of products.

Intellectual property rights do not allow businesses to charge premium prices for their products.
12
Which of the following statements is true of white-collar crimes?

They are usually committed for personal financial gain.

They rarely affect consumers of a business.

They rarely occur in business environments.

They are dependent on the threat of physical force.
13
Which of the following scenarios illustrates a bilateral contract?

Grapevine Inc. follows a five-day workweek system and also offers a compressed workweek option.

Sameera, a writer, signs a contract with her publisher to publish her book.

Helen, a painter, signs a contract with an art gallery that agrees to purchase her painting for $2000.

The management of Uno Inc. offers additional benefits to its employees annually.
question14
The Equal Employment Opportunity Commission was created through the __________.

National Labor Relations Act

Civil Rights Act

Age Discrimination in Employment Act

Americans with Disabilities Act
15
Concerted efforts to lobby government officials, irrespective of their anticompetitive purposes, are given an exception from the Sherman Act under the __________.

overbreadth doctrine

Colgate doctrine

Noerr-Pennington doctrine

incorporation doctrine
16
A __________ is the simplest and least expensive business institution to create.

limited liability company

partnership

sole proprietorship

corporation
17
In a state court system, lawsuits filed by parties typically begin at the __________.

federal district court level

appellate court level

trial court level

supreme court level
18
According to the Commerce Clause, the power to regulate interstate commerce is vested with __________.

state governments

state-level courts

the federal government

the U.S. Supreme Court
19
A business decision maker’s decision is more likely to raise ethical concerns in a society where:

there is an increase in demand for public education.

the family structure is stable.

the news media and the Internet have significant influence.

there is a decrease in economic interdependence.
20
How does law hold diverse people of different backgrounds into large, organized groups?

It prevents enforcement institutions from enforcing written rules on strangers.

It tells the members of a society what they can and cannot do.

It discourages people from making agreements based on certainty and trust.

It allows strangers to adopt rules that support their beliefs.
21
Courts determine whether the language of an offer was clear enough to result in a contract by:

examining the objective intent of the offeror.

investigating whether an offeree actually accepted the offer.

examining the adequacy of the consideration offered.

analyzing whether the terms of the acceptance matches the terms of the offer.
22
Who among the following individuals commits a battery?

Amanda, who fires her employee Trevor without any notice and causes him severe mental distress

Yuki, who injures her boss Reese with a knife and inflicts serious injuries on him

Joan, the customer care manager in a retail store, who verbally threatens a customer who calls to complain about a faulty product

Vincent, the CEO of Gregon Inc., who pays media firms to circulate false information about Gregon’s chief competitor
23
Fuzo Inc., a manufacturer of leather bags, enters into a contract with a firm regarding the installation of a machine in Fuzo’s factory. Fuzo agrees to pay $1000 for the machine and another $200 as the installation charge. In this scenario, the terms of the sale will be covered under __________.

the Federal Arbitration Act

the Uniform Commercial Code

the Foreign Corrupt Practices Act

the Internal Revenue Code
24
The term __________ refers to the act of referring a matter to arbitration.

submission

settlement

litigation

conflict
25
__________ is a legal remedy to a breach of contract by which each party to the contract returns the consideration offered by the other.

Arbitration

Specific performance

Negotiated settlement

Rescission
26
Which of the following statements is true of alternative dispute resolution (ADR) systems?

ADR systems increase the costs incurred during the litigation process.

The parties to a dispute need not present the case to a jury before opting for ADR systems to settle the dispute.

ADR systems cannot be used for dispute resolution in contractual relationships unless they are specified in the contract.

The litigation process precludes the use of ADR systems.
27
The __________ is the constitutional provision that details the federal government’s power to regulate business activities.

Commerce Clause

liquidated damages clause

equal protection clause

supremacy clause
question
28
Which of the following legal remedies to a breach of contract allows the parties to the contract to agree to abide by the decision of a third party or parties?

Arbitration

Specific performance

Negotiated settlement

Rescission
29
__________ refers to an agreement made between competitors in an industry to fix prices of their products.

Horizontal price fixing

Resale price fixing

Indirect price fixing

Vertical price fixing
30
The petition for a writ of certiorari by the losing party of a litigation will be reviewed by the U.S. Supreme Court:

if the winning party agrees to subsequent reviews.

if the federal district courts and the courts of appeal correct the judicial errors charged against the state court.

if at least one of the nine justices vote to take the case.

if there is a major conflict between the trial and appellate courts on the interpretation of federal law.

A

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9
Q

UOP ETH 321 Week 2 DQ 1 NEW
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ETH/321
Discussion Questions: Week Two

Explain the required elements for each of the three types of torts: Intentional, Negligence & Strict Liability

What are some of the differences between a Paten and a Trade Secret?

Why would a company select one over the other?

UTSA is a state law. To get a patent, one must publicly disclose everything about it to the
USPTO making it easy to steal it. What can a patent owner do about infringement?

What Laws protect computer information? Could be either federal or state.

What are some specific examples of business crimes? What is the required burden of proof for such crimes?

Comment Regarding Inside Trading Example:

Torts also award damages for made up harms. Called Pain &Suffering + Punitive Damages. Why do companies hate both?

A

UOP ETH 321 Week 2 DQ 1 NEW
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10
Q

UOP ETH 321 Week 3 Assignment Business Forms and Silent Partnership (2 Papers) NEW
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This Tutorial contains 2 Papers

The purpose of this assignment is to select the best organizational form, and to discuss ethical concerns with the business scenario.
Assignment Steps
Scenario: Adam and Laura wish to open a pet grooming shop called Dazzling Doggies Day Spa. Laura’s mother Beth would like to contribute the startup costs in exchange for a share of profits, but she doesn’t want to participate in the daily operations of the business. She also doesn’t want to have any personal liability in the business.
Develop a 350- to 700-word summary with the following information:
Which business organizational form would be best given the above circumstances, and why?
Unbeknownst to Laura and Beth, Adam begins to use Dazzling Doggies Day Spa’s checking account to pay all his personal bills. Are his actions ethical? Why or why not?
Cite a minimum of two peer-reviewed references.
Format your paper consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.

A

UOP ETH 321 Week 3 Assignment Business Forms and Silent Partnership (2 Papers) NEW
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11
Q

UOP ETH 321 Week 3 DQs NEW
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Does an oral contract have to be in writing to be enforced? Think: Statute of Frauds.

What is the penalty for failure to satisfy the SOF?

Two types of law govern contracts: The Common Law of Contracts & Article 2 of the Uniform Commercial Code. What do they each cover? Which one follows the Mirror Image Rule?

What is the MIR?

And why does it matter?

What about Equitable Remedies?

What are the elements of an enforceable contract?

Why is the LLC the best form for a small business to use? Taxes, Flexibility of ownership

Liability & Administrative Burdens.

What is Limited Liability? What is Double Taxation?

A

UOP ETH 321 Week 3 DQs NEW
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12
Q

UOP ETH 321 All Assignments (With Final Guide) NEW
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ETH 321 Final Exam Guide (New)

ETH 321 Week 1 Individual Assignment Laws and Ethics Paper (2 Papers)

ETH 321 Week 1 DQ

ETH 321 Week 2 Assignment Business Torts and Intellectual Property (Sam, ABC Paper Corp)

ETH 321 Week 2 DQs

ETH 321 Week 3 Assignment Business Forms and Silent Partnership (2 Papers)

ETH 321 Week 3 DQs

ETH 321 Week 4 Assignment Environmental Law and Ethics (2 Papers)

ETH 321 Week 4 Team Assignment Environmental Law Case Study

ETH 321 Week 4 DQs

ETH 321 Week 5 Assignment Employment Classification and Discrimination (New Syllabus)

ETH 321 Week 5 DQs

ETH 321 Week 3 Team Assignment Contract Law and Ethics Case Study

A

UOP ETH 321 All Assignments (With Final Guide) NEW
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13
Q

UOP ETH 321 Week 3 Team Assignment Contract Law and Ethics Case Study NEW
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Purpose of Assignment
The purpose of this assignment is to discuss the legally required elements necessary to form a contract, the ethical considerations, and the remedies for breach.
Assignment Steps
Discuss Case 8.3 Vassilkovska v. Woodfield Nissan, Inc. with your Learning Team. This case is found in The Legal and Regulatory Environment of Business, pg. 243.
Develop a 700-word case study using the following format: facts, issues, rule, analysis, and conclusion.
Analyze whether Woodfield’s actions in drafting the arbitration agreement were ethical.
Discuss what remedies Vassilkovska may seek if Woodfield is found to have misrepresented the price of the car as alleged.
Cite a minimum of two peer-reviewed references.

Format your paper consistent with APA guidelines.

Click the Assignment Files tab to submit your assignment.

Note: Grades are awarded based upon individual contributions to the Learning Team assignment. Each Learning Team member receives a grade based upon his/her contributions to the team assignment. Not all students may receive the same grade for the team assignment.

A

UOP ETH 321 Week 3 Team Assignment Contract Law and Ethics Case Study NEW
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14
Q

UOP ETH 321 Week 4 Assignment Environmental Law and Ethics (2 Papers) NEW
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This Tutorial contains 2 Papers

Purpose of Assignment
The purpose of this assignment is to analyze the duties of administrative agencies and the ethics behind regulatory compliance requirements.
Assignment Steps
Scenario: Eric is an Assistant Vice President at marine paint manufacturing plant. One day, he accidentally discovers an email from his boss, the Vice President, to the President, notifying him of an internal study finding the paint leeches from the bottom of boats into the marine environment. The paint has been found to create birth defects in marine life. He also sees the President’s response email, in which he directs the Vice President to erase all evidence of the study and tell no one. The President also directs the Vice President to erase the email. Eric is concerned about the findings of the study, but he also fears losing his job.
Create a 350- to 700-word analysis with the following information:
Which administrative agency governs regulatory compliance of the manufacturer?
What are the ethical concerns regarding the President’s actions, and what do you believe Eric should do?
Cite a minimum of two peer-reviewed references.
Format your paper consistent with APA guidelines.

A

UOP ETH 321 Week 4 Assignment Environmental Law and Ethics (2 Papers) NEW
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15
Q

UOP ETH 321 Week 4 DQs NEW

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Discussion Questions: Week Four

Why have the number of Administrative Agencies grown over the past forty years? What do they do well? What do they do poorly?
Isn’t it scary to think that we eliminate the checks and balances of our system when we delegate all three powers to one agency?

They act as Legislature, Executive and Judicial Branches?
I contend that public companies should be happy that the government regulates the financial markets. Explain my statement.

Discuss three SPECIFIC changes made by SOX?

Hint: Outside directors on the Audit Committee is one specific change.

What is so special about Outside Directors?

How does the Supremacy Clause effect the regulation of the states?

A

UOP ETH 321 Week 4 DQs NEW

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