uop law 531 Flashcards
LAW 531 Complete Class It DOES NOT include Quiz To purchase this material click http://www.assignmentcloud.com/LAW-531/LAW-531-Complete-Class-Guide For more classes visit www.assignmentcloud.com
LAW 531 Complete Class It DOES NOT include Quiz To purchase this material click http://www.assignmentcloud.com/LAW-531/LAW-531-Complete-Class-Guide For more classes visit www.assignmentcloud.com
LAW 531 Week 1 DQ 1
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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LAW 531 Week 1 DQ 1
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LAW 531 Week 1 DQ 2
Please discuss the key differences between a general partnership partnership versus a limited partnership using the following questions to help guide you.
1. how are the entities formed (created)?
2.
3. who are the owners of the entities?
4. what kind of liability exposure do the owners of the entities have?
5. how are the entities/owners taxed?
6. how are the entities dissolved according to statute?
7. degree of formality in operating the entities?
8. do the entities lend themselves to managerial control
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LAW 531 Week 1 DQ 2
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LAW 531 Week 1 DQ 3
- Please discuss the key differences between limited liability company (LLC) and a subchapter S corporation
- 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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LAW 531 Week 1 DQ 3
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LAW 531 Week 1 DQ 4
1. Is a sole proprietorship a business entity? Is a franchise a business entity? Explain why or why not.
- What is piercing the corporate veil? Can it apply to a limited liability company as well as a corporation? Explain.
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LAW 531 Week 1 DQ 4
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LAW 531 Week 1 Individual The Legal System and ADR Analysis
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LAW 531 Week 1 Individual The Legal System and ADR Analysis
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LAW 531 Week 1 Quiz
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?
A corporation terminates upon the death of an owner.
Corporation shareholders are subject to unlimited personal liability.
A corporation is a separate legal entity.
Corporation owners are only taxed once on earnings.
6.) The Black Squirrel limited partnership has been in operation for many years, but has recently fallen on hard times. The partners have decided to dissolve, although there are few assets remaining in the partnership. Shortly after the partnership filed its certificate of limited partnership, the partners had the foresight to incorporate into their partnership agreement a provision that, in the event of dissolution, the assets would be distributed in payment of claims first to limited partners, then to general partners, then to creditors. Hilda is a limited partner and feels relieved that she will receive at least a portion of her capital. Henry, one of the general partners, said that this provision is void and unenforceable. Which of the following best describes this situation?
The distribution, as called for in the agreement, would be enforceable if it had been included in any filings related to the limited partnership.
The distribution of assets in the event of dissolution is one of the few provisions where the Revised Uniform Limited Partnership Act does not allow modification.
The provision placing the partners ahead of creditors is not enforceable, but the priority of limited partners over general partners is enforceable.
The provision placing limited partners ahead of general partners is unenforceable, thus all partners would be on an equal footing and ahead of creditors.
7.) Fred and Ginger are general partners in a business. They decide to purchase a building for the partnership. Ginger will put up the money for the building, and Fred will complete the remodeling. While inspecting the building, Fred is informed that the building is packed full of asbestos. He fails to tell Ginger of the presence of the substance. They buy the building and go into business. During the remodeling of the building, people from the neighborhood begin complaining about the dust from the building. Some of them even threaten to sue. Who is liable?
Both Ginger and Fred are liable, regardless of the circumstances, by virtue of the fact that they are partners.
Fred is liable because he was put on notice of the presence of the substance. Ginger is not liable because she did not have actual knowledge.
Neither Ginger nor Fred are liable personally, nor is the partnership, as they did not put the substance in the building.
Ginger is liable because she is the one who purchased the building. Fred is not liable, even though he had actual knowledge, because he did not purchase the building.
8.) What is the effect of having a corporation as the general partner of a limited partnership?
Each shareholder of the corporation will be treated as a limited partner of the limited partnership.
Each shareholder of the corporation will be treated as a general partner of the limited partnership.
The liability of the corporate general partner will be limited to the amount of its assets.
The limited liability of the corporation will result in the limited partners having greater liability than they would otherwise.
9.) When parties agree in advance to adhere to an arbitrator’s decision and award, it is known as
mediation
arbitrator discretion
appealable
binding arbitration
10.) Martha started a flower shop as a sole proprietor. After 1 year, she was forced to close the shop because business was so bad. At that time, the business assets totaled $50,000, but the business liabilities totaled $125,000. Which of the following statements is true?
Martha is personally liable for the additional $75,000 owed to business creditors.
Once Martha terminates the sole proprietorship, she is no longer liable for the $50,000.
Martha’s business creditors can collect only the $50,000 now, but if Martha ever goes into business again, they can get the assets of the new business.
Martha’s business creditors can collect only the $50,000 of business assets
11.) Which of the following is one of the major purposes of a settlement conference?
To structure a settlement payment schedule
To facilitate the settlement of a case
To contest the local court rules
To conduct discovery for a case
12.) Which of the following is true about the choice of business entity for an entrepreneur?
The choice is determined solely by the amount of capital invested.
The choice takes into account many factors, including finding an option that has all the characteristics desired.
The choice is determined by the Internal Revenue Service based on all the facts and circumstances.
The choice is determined solely by whether the primary business is services or goods.
13.) Which of the following is true in the creation of a general partnership?
The business name cannot be a fictitious name.
The business name must have the names of all the partners.
The business cannot operate under a trade name.
The name selected cannot indicate that it is a corporation.
14.) Which type of business formation is typically reserved for professionals such as accountants, lawyers, and doctors?
Limited Liability Company (LLC)
Limited Liability Partnership (LLP)
S-Corporation
Franchise
15.) There are two general partners, each of whom contributes $5,000 in capital to a limited partnership. There are two limited partners, each of whom contributes $20,000. The total amount of capital contributed is $50,000. The limited partnership agreement does not stipulate how profits and losses are to be allocated. Assume that the limited partnership makes $300,000 in profits. Under the Revised Uniform Limited Partnership Act (RULPA), how much would each partner receive?
All partners would receive $75,000, regardless of whether he or she is a general or limited partner.
Each general partner would receive $120,000, and each limited partner would receive $30,000.
Each general partner would receive $30,000, and each limited partner would receive $120,000.
Each general partner would receive $50,000, and each limited partner would receive $100,000.
16.) Which of the following is true regarding mediation?
If a settlement agreement is not reached in mediation, then the parties hire a new mediator.
A settlement agreement is never reached with a mediator.
Was created by the Federal Mediation Act of 1925.
A mediator does not make a decision or an award.
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LAW 531 Week 1 Quiz
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LAW 531 Week 2 Business Forms Worksheet
Complete the Business Forms Worksheet.
Click the Assignment Files tab to submit your assignment.
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LAW 531 Week 2 Business Forms Worksheet
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LAW 531 Week 2 DQ 1
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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LAW 531 Week 2 DQ 1
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LAW 531 Week 2 DQ 2
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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LAW 531 Week 2 DQ 2
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LAW 531 Week 2 DQ 3
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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LAW 531 Week 2 DQ 4
Discuss one defense to negligence or strict liability and explain how it works.
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LAW 531 Week 2 DQ 4
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LAW 531 Week 2 Learning Team Reflection Week 2 IRAC 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.
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LAW 531 Week 2 Learning Team Reflection Week 2 IRAC Brief
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LAW 531 Week 4 DQ 4
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?
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LAW 531 Week 4 DQ 4
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LAW 531 Week 2 Quiz
1.) Which of the following is a key element of successful Enterprise Risk Management?
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.
Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car.
Mary can file a strict liability lawsuit against John.
John can file a negligence lawsuit against the dealership from which he bought the car.
4.) Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process.
informal
one-time
static
ongoing
5.) Assuming that statutory requirements have been met, what is protected under merchant protection statutes?
Merchants are protected from the intentional torts of their customers.
Merchants are protected from negligence claims on their business premises.
Merchants are protected from product disparagement claims of their competitors.
Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting.
6.) Which of the following is the best statement of the test applied in determining if a defendant’s actions were the proximate cause of the plaintiff’s injuries?
Was it foreseeable that the defendant was the cause of the plaintiff’s injuries given the nature of those injuries?
Was the injury foreseeable to the plaintiff prior to the injury’s occurrence?
Was it foreseeable that the defendant’s conduct would lead to the kind of injury that the plaintiff suffered?
Was it foreseeable to the plaintiff that the defendant would engage in this conduct
7.) Which of the following is a defect in manufacture?
Failure to properly design the product
Failure to include adequate instructions for the product
Failure to properly test the product
Failure to properly package the product
8.) John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for
disparagement battery libel assault 9.) Diane bought an action figure for her son David from Terrence’s Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence’s Toy Shop for damages? Nuisance Fraud Negligence Misrepresentation 10.) How does product disparagement differ from defamation of a nonpublic figure?
Malicious intent is required for a disparagement case, but is not required in the defamation case
Publication to a third party is required in the defamation case, but not in the disparagement case
Publication to a third party is required in the disparagement case, but not in the defamation case
Malicious intent is required for the defamation case, but not in the disparagement case
11.) The failure to design an automobile that will properly protect the occupants from a person’s body striking something inside their automobile is known as the
defective design doctrine
failure to design doctrine
quality control doctrine
crashworthiness doctrine
12.) Which best describes assumption of the risk in a negligence case?
The plaintiff was involved in an abnormally dangerous activity.
The plaintiff is more at fault than the defendant in causing the accident.
The defendant gave advance warning to the plaintiff that an injury would occur.
The plaintiff knowingly and willingly subjected herself to a risky activity.
13.) Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for
tort of appropriation
misappropriation of the right to publicity
disparagement
intentional misrepresentation
14.) A plaintiff wants to sue a defendant under the tort theory of negligence for his injuries, but the plaintiff knows he was partially at fault for his own injuries. Which of the following is true?
If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence.
The plaintiff will have to elect whether to sue under comparative or contributory negligence.
Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.
A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries
15.) Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for
invasion of privacy disparagement libel slander 16.) In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect that
affected the value of the product
the defendant was aware of
was caused by the defendant
made the product unreasonably dangerous
17.) Bartie’s, Inc. sells watercolors and pastels that are marketed as safe for use by children. However, several accounts of lead poisoning were reported in children who used the products. An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of the heavy metal. Which of the following torts has Bartie’s, Inc. committed?
Intentional misrepresentation Professional malpractice Disparagement Assault 18.) Dorothy purchases a chair that was made by Woode Designs, Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sits on the chair, it breaks and she is injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?
Failure to provide adequate instructions
Failure to warn
Defect in manufacture
Defect in design
19.) Which of the statements below best describes the concept of Enterprise Risk Management?
Management of a single function of an organization that, upon implementation and testing, is then processed entity wide
An approach that capitalizes on human intervention as processed through real change leaders
People, systems, and processes working together across the organizations to systematically thin about and manage a wide range of risks that could impede achieving organizational objectives/opportunity
A process affected by an entity’s leaders, management, and other personnel that is designed to identify potential events that may affect the entity, and to manage risk
20.) George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during takeoff. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?
All the men recover the same amount of damages, irrespective of their income or profession
George, a retired professor who gets a pension of $50,000 a year
Harry, a chartered accountant who earns $200,000 a year
Jerry, a professional football player who earns $2 million a year
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LAW 531 Week 2 Quiz
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