BUSN 420 Entire Course Business Law.docx

BUSN 420 Entire Course Business Law

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BUSN 420 Week 1 Assignment

This paper is about providing employee training for members of our department who have interactions with the legal department. I’ll try to keep this paper as informal and understandable as it gets. Nevertheless, concerning the topics discussed, it is expected for you to have questions after reading this paper. I strongly recommend looking at references section at the end of the paper. Feel free to contact me. I’ll be glad if I can clarify these terms in more detail if I can.

As a start to this series of training document primers, I’ll try to answer the following questions in short:

1. What is common law2. What are the sources of American law?3. What is the importance of precedent to the judicial decision-making process?4. What are equitable and legal remedies?


This paper is aboutoutlining Maryland’s court system in short. We’ll have the chance to be familiar with basic concepts of state justice system and get to know more about the following issues:

1. Basic structure of court system2. Trial courts3. Appellate courts4. Other bodies

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Introduction

During the first two papers of our training series about laws and legislations, we had the chance to familiarize ourselves with basic terms of law and Maryland’s court system. In this paper is we’ll try to get a more practical idea about what are the obligations and related issues coming from a contract. I hope you all find this paper quite useful in your everyday working life since the following issues are going to be explained in short:

1. Contracts’ elements and remedies in case of a breach2. Valid offer requirements3. Offer acceptance4. Consideration and forms5. When a contract is enforceable?6. Remedies for non-breaching parties under Maryland’s state law


Introduction

In this fourth paper of our training series, we’ll have the chance to get a better knowledge and understanding of advanced principles about contracts.


Introduction

In this fifth paper of our training series, we’ll have the chance to get ourselves familiarized with Uniform Commercial Code (UCC).

BUSN 420 Business Law Week 6 Assignment

Introduction

In this paper we’ll discuss some issues regarding cyber-crimes that affect business world.


Introduction

In this paper we’ll discuss about my working background and what are my intentions for the future. Moreover, we’ll focus on how this course affected my way of thinking concerning my career path. Through the following lines it will be obvious how useful this course’s concepts proved for me and my working prospective.

BUSN 420 Week 1 Quiz

Question 1. Question :(TCO 1) Crater Tools Company may be subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other administrative agencies, the OSHA affects

Student Answer: almost every aspect of a business’s operations.almost no aspect of a business’s operations.a firm’s capital structure and financing, but nothing else.a firm’s hiring and firing procedures, but nothing else.

Instructor Explanation:

Page 6

Points Received: 2 of 2 Comments:

Question 2. Question :(TCO 1) In a suit against Owen, Phil obtains specific performance. This is

Student Answer: an order to do or to refrain from doing a particular act.an order to perform what was promised.a payment of money or property as compensation.the cancellation of a contract.


Page 9


Question 3. Question :(TCO 1) As a judge, Potter applies common law rules. These rules develop from

Student Answer: administrative regulations.court decisions.federal and state statutes.proposed uniform laws.


Page 7


Question 4. Question :(TCO 1) In Export Co. v. Imports, Inc., there is no precedent on which the court can base a decision. The court can consider

Student Answer: neither public policy nor social customs and values.public policy only.public policy or social customs and values.social customs and values only.


Page 8


Question 5. Question : (TCO 1) In Nebraska, the highest-ranking (superior) law is

Student Answer: a case decided by the Nebraska Supreme Court.a provision in the Nebraska Constitution.a rule created by a Nebraska state administrative agency.a statute enacted by the Nebraska legislature.


Page 5


Question 6. Question :(TCO 2) Orin claims that a Pennsylvania state statute infringes on his “substantive due process” rights. This claim focuses on

Student Answer: procedures used to make decisions to take life, liberty, or property.the content of the statute.the similarity of the treatment of similarly situated individuals.the steps to be taken to protect Orin’s privacy.


Page 44


Question 7. Question :

(TCO 2) Machismo Motor Sales Corporation regularly advertises its off-the-road and all-terrain vehicles and other products. Under the First Amendment, these ads and other commercial speech are given

Student Answer: less protection than noncommercial speech.more protection than symbolic speech.no protection.the same protection as defamatory speech.


Page 39



(TCO 2) Serene City enacts an ordinance that bans the use of “sound amplifying systems” on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler’s suit against the city, a court would likely hold the ordinance to be

Student Answer: an unconstitutional restriction of speech.constitutional under the First Amendment.justified by the need to protect individual rights.necessary to protect national interests.


Page 38


Question 9. Question : (TCO 2) Savers Mart, Inc., distributes its merchandise to retail

outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate

Student Answer: any commercial activity in the United States.only activities that are in intrastate commerce.only activities that are in local commerce.only activities that are not in commerce.


Page 33


Question 10. Question :(TCO 2) Expendable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given

Student Answer: little protection.no protection.significant protection.total protection.


Page 38


* Times are displayed in (GMT-07:00) Mountain Time (US & Canada)


Question 1. Question : (TCO 3) Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for

Student Answer: any court to exercise in rem jurisdiction.a federal district court to exercise original jurisdiction.a U.S. court of appeals to exercise appellate jurisdiction.the United States Supreme Court to issue a writ of certiorari.


Page 57



(TCO 3) In Fancy Frills Corporation’s suit against Glamour Stores, Inc., the jury returns a verdict in Fancy’s favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for

Student Answer: a judgment in accordance with the verdict.a judgment on the pleadings.a new trial.judgment n.o.v.


2



(TCO 3) Jo files a suit against Lara in a Missouri state court. Lara’s only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has

Student Answer: a commercial cyber presence in Missouri.conducted substantial business with Missouri residents.general maximum contact with Missouri.solicited virtual business in Missouri.


Page 58



(TCO 3) Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has

Student Answer: federal question jurisdiction.in personam jurisdiction.in rem jurisdiction.no jurisdiction.


Page 54



(TCO 3) Sam, a citizen of Tennessee, files a suit in a Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that

Student Answer: the case is being heard for the first time.the court does not have concurrent jurisdiction.the court has standing.the court has venue.


Page 56



(TCO 1) Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Bargain Mart’s employees are not aware of the spilled soda until Cody falls. In a suit against Bargain Mart, Cody will most likely

Student Answer:lose, because Bargain Mart’s employees were not aware of the spill.lose, because Cody should have exercised more care.win, because Bargain Mart can recover from the soda bottler.win, because the spilled soda was foreseeable.


Page 101



(TCO 1) Rex, an accountant, enters into a contract to provide services to Sofi. Rex does not finish the work within the contract’s deadline. Sofi pays a penalty as a result of the missed deadline and hires Trey to complete the job. Rex is most likely liable for

Student Answer: nothing.Sofi’s penalty and the cost to hire Trey.Sofi’s penalty only.the cost to hire Trey only.


10


Question 8. Question :(TCO 1) Travis, an accountant, is subject to the accounting conventions, rules, and procedures that constitute generally accepted accounting principles (GAAP). GAAP are determined by

Student Answer: state courts.the American Bar Association.the American Institute of Certified Public Accountants.the Financial Accounting Standards Board.


Page 910


Question 9. Question :(TCO 1) Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries to

Student Answer: Evon and Flip but not Gina.Evon and Gina but not Flip.Evon, Flip, and Gina.none of the parties.


Page 107


Question 10. Question :(TCO 1) Estes, an accountant, contracts to perform services for Frasier. In performing those services, Estes uncovers a suspicious financial transaction. Estes is most likely not liable if he

Student Answer: acted negligently in failing to discover the transaction sooner.conceals the discovery and otherwise finishes the work.investigates and reports the discovery to Frasier.obtains restitution from the perpetrator without Frasier’s knowledge.


Page 910



rading Summary

These are the automatically computed results of your exam. Grades for essay questions, and comments from your instructor, are in the “Details” section below.

Date Taken: 3/20/2015Time Spent: 41 min , 57 secs Points Received: 20 / 20 (100%)

Question Type: # Of Questions: # Correct:Multiple Choice 10 10

Grade Details – All Questions

Question 1. Question :(TCO 4) Employment Sources, Inc., enters into a contract with Fred. If Fred is a minor, this contract is most likely

Student Answer: enforceable.unenforceable.void.voidable.


Page 212



(TCO 4) Under a contract with Bucolic Farms, Agro Excavation, Inc., begins digging an agricultural pond. In mid-project, Agro asks for $15,000 over the contract price, claiming an increase in the “cost of doing business.” Bucolic agrees but later refuses to pay. Their agreement is

Student Answer: unenforceable because Agro’s performance was a preexisting

duty.unenforceable because Bucolic’s promise was illusory.enforceable.unenforceable because its performance is unforeseeably difficult.


Page 251



(TCO 4) Shelby offers to make digital copies of Relay Company’s business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule and the Uniform Electronic Transactions Act (UETA), Relay’s acceptance by e-mail will be considered effective when

Student Answer: received.sent.followed up by a confirmation letter sent by regular mail.composed on a Relay computer.


Page 234


Question 4. Question :(TCO 4) Opie offers to sell his guitar to Pinky for $100. Pinky agrees. They complete and sign a printed form that includes, near the blanks for their signatures, the word “seal.” This is

Student Answer: a formal contract.an informal contract.a social contract.no contract.


Page 211



(TCO 4) Braxton questions whether there is consideration for his contract with Tawny to exchange his accounting services for her payment of a certain amount. To constitute consideration, there must be

Student Answer: a payment of money.a performance of services.a bargained-for exchange.detrimental reliance.


Page 249


Question 6. Question :(TCO 4) Lou claims that he and Myra entered into an implied-in-fact contract. To establish this contract, it is not necessary to show that

Student Answer: a court imposed a promise in the interest of fairness.Lou expected to be paid for providing services or property.Lou provided Myra with services or property.Myra failed to reject services or property provided by Lou.


Page 211


Question 7. Question :(TCO 4) Flo tells Gregor that she will buy his textbook from last semester for $65. Gregor agrees. Flo and Gregor have

Student Answer: an executed contract.an express contract.an implied-in-fact contract.a quasi-contract.


Page 211



(TCO 4) Grant offers to sell his Honda Civic for $10,000 to Ivy. Referring to the prices for similar Hondas, Ivy says, “I’ll pay no more than $5,000.” Grant says, “Forget it.” Grant’s offer was terminated by

Student Answer: Grant.Honda.Ivy.

no one, Grant’s offer is still open.Instructor Explanation:

Page 231


Question 9. Question :(TCO 4) Leif offers Miley $1,000 for her three-year-old laptop computer. Miley accepts. If a dispute arises, a court would likely

Student Answer: enforce the deal after questioning the adequacy of consideration.not question the adequacy of the consideration.rewrite the deal after questioning the adequacy of consideration.set aside the deal after questioning the adequacy of consideration.


Page 249



(TCO 4) Expert Pavers, Inc., contracts with Fabricated Building Corporation to repave Fabricated’s parking lot for which Fabricated agrees to pay. The requirements of this, and any other, contract do not include

Student Answer: consideration.capacity.legality.practicality.


Page 208



These are the automatically computed results of your exam. Grades for essay questions, and comments from your instructor, are in the “Details” section below.

Date Taken: 3/27/2015Time Spent: 47 min , 01 secs Points Received: 20 / 20 (100%)

Question Type: # Of Questions: # Correct:Multiple Choice 10 10

Grade Details – All Questions


(TCO 4) Mikayla enters into a contract with Logan to provide surface material for Mikayla’s tennis courts by April 1 for a tournament to begin May 1. The contract specifies an amount to be paid if the contract is breached. This is a liquidated damages clause if the amount is

Student Answer: an excessive estimate of the loss on a breach.a reasonable estimate of the loss on a breach.designed to penalize the breaching party.intended to quickly provide cash to the non-breaching party.


Page 327



(TCO 4) Karson orally agrees to pay Jaime to plant and harvest a quarter of Karson’s farm acreage for four corn-planting seasons. After Jaime prepares the land and plants the first crop, Karson says that their deal is off. Jaime can most likely recover

Student Answer: in quasi contract.in reformation.in restitution.on the parties’ existing contract.


Page 333


Question 3. Question :(TCO 4) Reel Graphics, Inc. agrees to assume a debt of Suave Marketing Company to Town Credit Union. This promise is for Reel’s benefit. To be enforceable, the promise

Student Answer: must be in writing.must be in writing only if the debt is valued at $500 or more.

must be in writing only if the debt will not be repaid within one year.need not be in writing.


Page 295



(TCO 4) Lark enters into a contract to mine gravel in Milena’s quarry, sell it, and share the profits on its sale with Milena. If the duties under this contract are discharged like those under most contracts, the duties will be _____.

Student Answer: repudiatedbreachedperformedrescinded


Page 307



(TCO 4) Pure Oil Company enters into a contract with QuikBilt, Inc., to construct an oil pipeline to withstand specific conditions. If QuikBilt fails to meet this standard, which is construed as a breach of contract and a breach of a duty of care, Pure might be awarded punitive damages to

Student Answer: establish, as a matter of principle, that QuikBilt acted wrongfully.provide Pure with funds for a foreseeable loss beyond the contract.provide Pure with funds for its loss of the bargain.punish QuikBilt and deter others from similar acts.


Page 325


Question 6. Question :(TCO 4) Lou and Mira want to rescind their contract under which Lou sold an MP3 player to Mira for $50. To rescind the contract

Student Answer: Lou must return the $50 and Mira must return the player.Lou must return the $50 only.

Mira must return the player only.the parties can keep the “benefits” of their bargain.


Page 329


Question 7. Question :(TCO 4) Pablo and Melia enter into an oral contract for Pablo’s sale to Melia of a laptop computer for $400. Assuming the terms can be proved, the contract is enforceable by

Student Answer: the seller or the buyer.the manufacturer of the laptop.any third party who overheard the parties making the agreement.None of the above.


Page 296



(TCO 4) Timber, Inc., and Wood Corporation enter into an oral contract for the sale of a lumber mill and the land on which it is situated from Timber to Wood. Under the Statute of Frauds, this contract is enforceable by

Student Answer: the seller.the buyer.any interested third party, such as the mortgagee or title company.None of the above.


Page 292



(TCO 4) Pete, the owner of Quality Orchards, contracts to sell fruit to Ripe Produce, Inc. When Pete refuses to perform, Ripe Produce files a suit to enforce the contract. To defend successfully on the ground of unconscionability, Pete must show that enforcement of the contract would be

Student Answer: economically meaningless.legally worthless.

manifestly unfair or oppressive.undeniably valuable.


Page 287



(TCO 4) Sid induces Ty to enter into a contract for the sale of a warehouse about which Sid fraudulently misrepresents a number of material facts. Sid also tells Ty that his commission is 6 percent, but their signed, written contract states “12 percent.” The parol evidence rule governs

Student Answer: contracts that are induced by fraud.contracts that must be in writing to be enforceable.the admissibility in court of oral evidence.the reformation of oral and written statements into one contract.


Page 299



Question 1. Question :(TCO 7) The process behind the production of “Fast Pace,” a racecar video game, is protected by _____.

Student Answer: copyright lawpatent lawtrademark lawtrade secrets law


Page 130


Question 2. Question : (TCO 7) RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without

RiteMade’s permission. Steel’s conduct is actionable provided

Student Answer: consumers are confused.Steel’s conduct is intentional.Steel’s conduct reduces the value of RiteMade’s design.RiteMade’s design is patented.


Page 124


Question 3. Question :(TCO 7) Joey reproduces Mina’s copyrighted work without paying royalties. Joey is most likely excepted from liability for copyright infringement under the “fair use” doctrine if

Student Answer: Joey copies the entire work.Joey distributes the copies freely to the public.Joey’s use has no effect on the market for Mina’s work.Joey’s use is for a commercial purpose.


Page 127



(TCO 7) Diamond Financial Planners employs Ella, who is the firm’s most productive performer. Ella, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. She takes her list of Diamond clients to induce them to switch to Feldstar. Trade secrets law covers

Student Answer: Diamond’s list of clients.Ella’s performance.Feldstar’s commission structure.none of the choices.


Page 130


Question 5. Question : (TCO 7) Delite Toys, Inc., makes EZ Goo, a famous children’s toy. Without Delite’s consent, Fast Adhesives Company begins to use “ezgoo” as part of the URL for Fast’s website. Fast claims that

no consumer would confuse the website with the toy. Fast has committed

Student Answer: copyright infringement.patent infringement.trademark infringement.no actionable violation.


Page 121



(TCO 8) Via the Internet, Rocky sabotages the computer system of Quik Chik’n Company, a food manufacturer, with the purpose of altering the levels of ingredients of the company’s products so that consumers of the food become ill. Rocky is _____.

Student Answer: a cyberterrorista botneta virusa worm


Page 172


Question 7. Question :(TCO 8) Via e-mail, Vern makes repeated credible threats to Ursula that put her in reasonable fear for her safety. This is _____.

Student Answer: cyber stalkingemployment fraudphishingvishing


Page 168


Question 8. Question :(TCO 8) Nestor establishes a phony account in Meet+Greet, a social network, and creates a fictitious persona to cyberbully Leona. This is _____.

Student Answer: cyber stalking

employment fraudphishingvishing


Page 168



(TCO 8) In Las Vegas, Nevada, Kurt places a bet on a football game with a bookmaker via a website based in Las Vegas. In Cleveland, Ohio, Dorothy places a bet on the same game with a bookmaker via a website based in Cleveland. Gambling is regulated in _____.

Student Answer: all statesonly a few statesno stateOhio only


Page 175



(TCO 8) Boris programs software to prompt a computer to continually crash and reboot. Boris’s goal is to install this program on various companies’ computer systems without the companies’ knowledge. The program can reproduce itself, but must be attached to a host file to travel from one computer network to another. This program is _____.

Student Answer: a hackera bota virusa worm


Page 170


BUSN 420 Week 8 Exam Answers

Question 1. 1. (TCO 1) As an assistant in the legal department of a major corporation, your supervisor has asked you to do some research on how various laws may be applied in an upcoming case. Your department needs to coordinate with outside counsel and wants to be up to speed on how the law works. Explain the sources of law in the American legal system. Is our civil law system more or less advantageous than the common law system? Why is it important to understand all sources of law and where to find them? Explain your answer with examples in a business context. (Points : 25)

Question 2. 2. (TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state companies doing business in the state than it imposes on in-state companies. The reason behind the legislature’s enactment of this law is to protect the local firms from out-of-state competition because they are losing local business, which is affecting the state’s economy. Is this law legal, or is it a violation of equal protection for a state to impose? What legal standards could the court apply in evaluating the constitutionality of a law and which would apply in this instance? Explain. (Points : 25)

Question 3. 3. (TCO 3) Create a brief scenario and walk it through the litigation process, beginning with how to select the proper jurisdiction of a court, and progressing through the basic steps leading to a resolution of the dispute through appeal. (Points : 25)

Question 4. 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract, so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said contract for the price of the car. What standard would the court use to determine whether there is a contract between the parties for the sale of the car? (Points : 25)

Question 5. 5. (TCO 5) There are several distinctions in contract law between the UCC and common law as it relates to certain principles. As it relates to modification of a contract, how is the UCC’s treatment of this subject different from that of common law? What are the important factors to be considered? Provide an example that demonstrates the difference. (Points : 25)

Page 2

Question 1. 1. (TCO 6) Explain your understanding of administrative law. How would you classify administrative law from a categorical standpoint as it fits in the context of other areas of

law and what procedures are involved in the administrative process as it pertains to an agency’s function and purpose? (Points : 25)

Question 2. 2. (TCO 7) Smart Corporation began marketing phone in 2002 under the mark “Smart.” In 2008, Smart.com, Inc., a different company selling different products, such as school supplies and the like, begins using “smart” as part of its website URL and registers “sMART” as its domain name. Can Smart Corporation stop this use of “sMART”? If so, what must the company show? Use the scenario given to explain your answer in this context. (Points : 25)

Question 3. 3. (TCO 8) Your Company, Inc. wants to do business with My Company, LLC. Because our companies are both savvy, they would like to conduct their business online. What determines the effect (or lack thereof) of the electronic documents evidencing the parties’ deal according to the Uniform Electronic Transactions Act (UETA)? Is a “signature” from one of the company’s a necessary part of the deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support your position. (Points : 25)

Question 4. 4. (TCO 9) Agency law plays a big part in corporate responsibility (and liability). Differentiate between an employee and an independent contractor. What is the difference and what are the key factors that must be considered in determining one’s status as an employee or independent contractor? Once status is determined, what affect will it have on the responsibilities of the agent? The principal? Is one status better than another? Why? Explain your answers using a representative example involving a principal, an agent, and a situation that would call the agent’s status into question. (Points : 25)

Question 5. 5. (TCO 10) Tim and Tom are twins. They live and work near the beach and are also partners in TnT, Inc., a bicycle messenger service. When deliveries are few, especially in the summer, Tom without telling Tim, rents the extra bicycles to tourists who want to explore the resort area. Because the bicycles aren’t being used for deliveries, is it acceptable for Tom to keep the proceeds he receives from renting leasing the unused bicycles? Explain your answer based on the facts in the scenario in the context of partnership law. (Points : 25)

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