LAW 531 Complete Class

Question 1

LAW 531 Complete Class

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Answer 1

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Question 2

LAW 531 Week 1 DQ 1

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1. A motion for judgment on the pleadings or a motion for summary jusgment can be decided against a party and can end a case. Select and explain one of these motions and how it can end a case.
2. What is an appeal? Explain.
3. What are the key differences between mediation and arbitration? Why would you choose one over the other?

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Question 3

LAW 531 Week 1 DQ 2

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Please discuss the key differences between a general partnership partnership versus a limited partnership using the following questions to help guide you.

how are the entities formed (created)?

who are the owners of the entities?
what kind of liability exposure do the owners of the entities have?
how are the entities/owners taxed?
how are the entities dissolved according to statute?
degree of formality in operating the entities?
do the entities lend themselves to managerial control

Answer 3

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Question 4

LAW 531 Week 1 DQ 3

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1. Please discuss the key differences between limited liability company (LLC) and a subchapter S corporation
2. Please discuss the key differences between a subchapter S corporation and a general corporation (C or G) corporation?

Use the following questions to guide you in your discussion.

o how are the entities formed (created)?

o who are the owners of the entities?

o what kind of liability exposure do the owners of the entities have?

o how are the entities/owners taxed?

o how are the entities dissolved according to statute?

o degree of formality in operating the entities?

o do the entities lend themselves to managerial control?

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Question 5

LAW 531 Week 1 DQ 4

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1. Is a sole proprietorship a business entity? Is a franchise a business entity? Explain why or why not.
2. What is piercing the corporate veil? Can it apply to a limited liability company as well as a corporation? Explain.

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Question 6

LAW 531 Week 1 Individual The Legal System and ADR Analysis

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Question 7

LAW 531 Week 1 Quiz

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1. ) George has served Mary with a complaint alleging breach of contract. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that she

answer George’s complaint but do not provide any affirmative defenses that George can use against her
should not respond to George’s complaint as an answer implies an admission
write a letter to the judge saying that George is mistaken
answer George’s complaint by admitting or denying the allegations George has asserted against her

2.) Which of the following is true of The Federal Arbitration Act?

It permits an appeal for all arbitration awards.
It provides that arbitration agreements are valid, irrevocable, and enforceable.
It governs all types of alternative dispute resolution.
It applies only to breach of contract disputes.

3.) Which of the following is true of arbitration?
A resolution may or may not be reached.
One party usually drops the case.
Parties can introduce evidence to support their case.
A judicial referee makes recommendations to the parties.

4.) Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?

Mediation
Conciliation
Arbitration
Minitrial

5.) Which of the following is true of a corporation?

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Question 8

LAW 531 Week 2 Business Forms Worksheet

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Complete the Business Forms Worksheet.

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Question 9

LAW 531 Week 2 DQ 1

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Joan visited Max on a first date for lunch on his yacht, 1 mile offshore on Biglake, California. After lunch, as Joan approached the launch (motor boat) to return to shore, Max tried to take her by the shoulders to kiss her, but Joan managed to step back and avoid any physical contact. Joan then asked to leave. Max responded by walking over to the launch, releasing it, letting it drift away, and saying, “Leave any time you want.” Joan became angry and pushed Max, which caused him to fall and break his arm.

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Question 10

LAW 531 Week 2 DQ 2

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Lou does a lot of driving and frequently gets tired driving at night. He usually pulls over to nap when he gets sleepy, but on this occasion, Lou kept on driving because he wanted to get home for his daughter’s birthday. Unfortunately, Lou dozed off while driving, crossed over the center line, and hit another car. The other driver is injured and his car is seriously damaged.

Is Lou negligent? To determine this, please define and discuss each of the following elements separately. Only if each element is present will Lou be negligent.

1. the duty of reasonable care
2. any breach of that duty
3. Causation
   a. cause in fact (also called but for, actual cause or factual cause)
   b. proximate cause
4. Damages

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Question 11

LAW 531 Week 2 DQ 3

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How is the issue of intent in strict liability torts different from the intent required in negligence and in intentional torts or for punitive damages?

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Question 12

LAW 531 Week 2 DQ 4

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Discuss one defense to negligence or strict liability and explain how it works.

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Question 13

LAW 531 Week 2 Learning Team Reflection Week 2 IRAC Brief

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Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to this week’s objectives.

Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

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Question 14

LAW 531 Week 2 Quiz

1. ) Which of the following is a key element of successful Enterprise Risk Management?
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Legal counsel

Strong investment strategies

Nondisclosure agreements

Management commitment

2.) According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.

comparative negligence

assumption of risk

strict liability

contributive negligence

3.) Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation?

Mary can file a negligence lawsuit against the dealership that sold John his car.

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Question 15

LAW 531 Week 3 DQ 1

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Mark has developed a database of pizza recipes, which he has been selling locally as “Pidgeonhole Pizza Recipes,” which he now wants to market nationwide on the world wide web. There is nothing unique about the database design or function, which is similar to other databases already on the market. However, the information in the database is highly original, and therein is its value.

Answer 15

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Question 16

LAW 531 Week 3 DQ 2

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Luke went to Larchmont, Inc.’s website to order some merchandise. On the internet order form that Larchmont provided, it said, “ALL WHOLESALE ORDERS MUST BE CALLED IN TO OUR 800 NUMBER. THIS ORDER FORM IS FOR RETAIL ONLY.” Luke was at the website at 3 AM and no one was manning the phones at Larchmont. The fields in the internet order form were malfunctioning and did not automatically supply or calculate information. Luke filled our the internet order form ordering 500 star sapphire toothpick, but only at 50% off list. Luke was not a merchant. He wanted the toothpicks to give to his many friends.

On Monday morning, Larchmont opened Luke’s order and charged his credit card at the full retail price for all 500 units.

Is there a contract, and if so, what is it?

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Question 17

LAW 531 Week 3 DQ 3

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Arthur is a an 12 year old with an IQ of 150. On his birthday, Arthur received a gift of $500 in cash from his Aunt, who told him to buy what he wanted. Since Arthur was interested in stamps, he ordered the “100 Special Stamps a Month” offer for 12 months from the Excelsior Stamp and Coin Company. Arthur was mistaken about the price of the “100 Special Stamps a Month” offer. It was actually $50 a month. Arthur thought it was $5 dollars a month, and sent Excelsior $60, which he thought was full payment. After Arthur sent the $60, he lost all interest in the stamps and ignored all further requests for payment Excelsior.

Excelsior, outraged over Arthur’s delinquent account, has sued Arthur’s parents for $540, representing the balance due. Who wins and why?

If Excelsior loses the contract case, can it sue Arthur for promissory estoppel?

Answer 17

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Question 18

LAW 531 Week 3 DQ 4

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Luke and Duke inherited Blueacre (a house) as joint tenants. They leased Blueacre to Bart for a period of twelve years. There was an oral agreement between Luke/Duke and Bart (no written agreement). After Bart had occupied Blueacre for one year, Duke died. In year two of Bart’s occupancy, Edward, the next door neighbor to the north side of Blueacre, put up a fence that was 50 feet onto Blueacre, which represented a sizable amount of money in land. Edward asked Bart if he could put up the fence, and Bart said, “Sure, you have my permission.” In year 11 of Bart’s tenancy, Luke drove by and saw the fence.

Luke wants the fence off Blueacre or he wants cash for the land taken by the fence. Luke also feels Bart is responsible.

What are the rights of Luke, Duke’s family, Edward and Bart?

Answer 18

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Question 19

LAW 531 Week 3 Learning Team Reflection Week 3 IRAC Brief

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Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to the following objectives:

3.3: Differentiate between personal, real, and intellectual property issues.
3.4: Determine appropriate methods to address potential property issues.
Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

Answer 19

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Question 20

LAW 531 Week 4 Contract Creation and Management Simulation

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Complete the Contract Creation and Management Simulation involving a contract issue and associated legal issues.

Write responses to the decision points embedded in the simulation.

Download your written responses on completion of the simulation. The downloaded document must be submitted in order to receive credit for the assignment.

Click the Assignment Files tab to submit your assignment.

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Question 21

LAW 531 Week 4 DQ 1
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The State of Filbert passed a statute that allows employers to pay nonproductive employees less than productive employees. The law requires annual performance reviews of all employees regardless of race, religion, ethnicity, gender and age and that pay adjustments be made on the basis of productivity. Jennifer is a woman seven months pregnant who has received an annual performance review and a pay adjustment reducing her pay by the percent that her productivity is below the average of all women in her job classification.

Please comment on the legality of this statute as well as Jennifer’s rights under all relevant laws.

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Question 22

LAW 531 Week 4 DQ 2

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What is the constitutional basis of unionism in the US that permits organizing, picketing and striking. Please discuss.

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Question 23

LAW 531 Week 4 DQ 3

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Margaret was working with Morty, a graphic artist, on a major beer account at a large advertising agency located in the US. After a lengthy work meeting, she and Morty returned to his office to pick up some layouts Morty had forgotten to bring. On Morty’s desk and in plain view, Margaret she saw a series of nudes in suggestive poses that Morty had drawn. Morty asked if Margaret would like to see them but Margret didn’t pick them up. Margaret was stunned. She had heard of “Morty’s nudes” through the grapevine, but had never believed they existed. Now, as she stared in shock at the drawings, Morty smiled coyly and asked if she would like a drink. At this point, Margaret opened the door to the office and left.

The following day, Margaret took her first action in defending her rights by filing a lawsuit against Morty and her employer for sexual harassment.

What will be the result?

Answer 23

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Question 24

LAW 531 Week 4 DQ 4

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Big Al is a parking lot attendant who works for the Daily Bugle, a large newspaper. Big Al is also a sumo wrestler in his spare time. He weighs 450 pounds and is in excellent physical condition, although he is classified as being morbidly obese according to weight charts and his doctor. Big Al’s duties at the Daily Bugle are limited to sitting in a chair and collecting money. He has no trouble getting into the small kiosk where he collects parking fees. Admittedly, his chair was a little small, but he replaced it with a larger one.

The Daily Bugle discharged Big Al on the grounds that he is too obese to do his job.

Legally, what will be the result and why?

Answer 24

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Question 25

LAW 531 Week 4 Learning Team Reflection Week 4 IRA

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C Brief

Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to this week’s objectives.

Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

Answer 25

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Question 26

LAW 531 Week 4 Quiz

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1. ) Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?

Race, national origin, and sex
Race, national origin, and political affiliation
Race, religion, and sexual orientation
Race, national origin, and alien status

2.) What is the current status of right-to-work laws?

If a state passes a right-to-work law, then state and local government employees can unionize.
If a state passes a right-to-work law, then individual employees will have to pay union dues even if they do not belong to the union.
Congress has passed a law prohibiting states from passing right-to-work laws.
If a state passes a right-to-work law, then individual employees cannot be forced to join a union.

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Question 27

LAW 531 Week 5 Discrimination Scenario Simulation

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Complete the Discrimination Scenario Simulation involving a discrimination issue at the workplace and associated legal issues.

Write responses to the decision points embedded in the simulation.

Download your written responses after completing the simulation. The downloaded document must be submitted to receive credit for the assignment.

Click the Assignment Files tab to submit your assignment.

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Question 28

LAW 531 Week 5 DQ 1

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Directors and officers are subject to the duty of care and the duty of loyalty.

Discuss the law concerning one of these duties and provide an example.

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Question 29

LAW 531 Week 5 DQ 2

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Discuss the law of administrative rulemaking and provide an example.

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Question 30

LAW 531 Week 5 DQ 3

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Does the USDA and the FDA provide us with adequate protection from harmful foods, drugs, medical devices, drugs and medical procedures?

or

Does the EPA provide us with adequate protection from harmful air and water pollution?

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Question 31

LAW 531 Week 5 DQ 4

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Discuss horizontial and vertical restraints of trade. Which are prohibited and why?

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Question 32

LAW 531 Week 5 Learning Team Reflection Week 5 IRAC Brief

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Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to the following objectives:

5.2: Explain the governance principles of regulatory compliance requirements.
5.3: Determine methods for managing legal risk arising from regulatory compliance issues.
Discuss the selected case with your Learning Team.

Brief the selected case as a Learning Team.

Write a case brief using the IRAC method.

Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

Complete the Discrimination Scenario Simulation involving a discrimination issue at the workplace and associated legal issues.

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Question 33

LAW 531 Week 5 Quiz

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1. ) Which of the following powers do administrative agencies typically have?

Statute interpretation, law enforcement, and mediation
Law enforcement, statute interpretation, and dispute resolution
Dispute adjudication, mediation, and rulemaking
Rulemaking, statute interpretation, and dispute adjudication

2.) Which of the following is true of the Federal Trade Commission?

It is a federal agency created by Congress
It is a branch of the U.S. Supreme Court
It is a temporary commission created by executive order that has become permanent
It is a corporation subsidized by the federal government

3.) If a corporate officer or director acts in a manner to make use of an advantage that he or she knows will only benefit himself or herself and deprives the corporation of that advantage, what breach of fiduciary duty has been committed?

Duty of care by violation of the business judgment rule
Duty of loyalty by self-dealing
Duty of obedience by competing with the corporation
Duty of loyalty by usurping a corporate opportunity

4.) If a corporate officer in the position of secretary intentionally takes over the powers provided to the treasurer in the corporate documents, what fiduciary duty does that corporate secretary breach?

Duty of care

Answer 33

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Question 34

LAW 531 Week 6 Learning Team Reflection Week 6 IRAC Brief

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Read “The IRAC method of case study analysis.”

Select one legal case from a current event that has taken place within the past 2 years relevant to the following objective.

5.1: Identify applicable regulatory compliance requirements for business situations.
Select a second legal case from a current event that has taken place within the past 2 years relevant to the following objective:

6.1: Evaluate legal risks associated with domestic and international business activity.
Discuss the selected cases with your Learning Team.

Brief the selected cases as a Learning Team.

Write two separate case briefs using the IRAC method.

Write an explanation for each brief of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.

Click the Assignment Files tab to submit your assignment.

Answer 34

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Question 35

LAW 531 Week 6 Quiz

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1. ) Three of the largest automobile dealers agreed among themselves as to what price they would pay to manufacturers for windshields to put in new vehicles. Would this constitute illegal price fixing? If so, what kind?

Yes. This is both buyers’ and sellers’ illegal per se price fixing.
No. This is not illegal price fixing.
Yes. This is sellers’ illegal per se price fixing.
Yes. This is buyers’ illegal per se price fixing.

2.) ________ is a clause in an international contract that designates which nation’s laws will be applied in deciding a dispute arising out of the contract.

Equal Protection Clause
Choice of law clause
Forum-selection clause
Supremacy Clause

3.) Which of the following is provided under the Foreign Sovereign Immunities Act?

It regulates commerce between the United States and foreign nations.
It exclusively governs suits against foreign nations that are brought in courts in the United States.
It stipulates the rules for conflict resolution among the DR-CAFTA members.
It endows the president with powers to enter into treaties with foreign nations

4.) Negotiators from which of the following nations signed the North American Free Trade Agreement in 1992?

Answer 35

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