LAW 421 Final Exam A(n) ________ is a relationship formed when an employer hires an employee and gives that employee authority to act and enter into contracts on his or her behalf.
LAW 421 Final Exam A(n) ________ is a relationship formed when an employer hires an employee and gives that employee authority to act and enter into contracts on his or her behalf.
1) A member of a minority race applies for a position for which he is well-qualified. However, the company rejects him and hires a nonminority applicant for the position. The minority applicant can sue under ________.
2) Lawrence Johnson is a soccer player who has a six-year contract with the Cairo United soccer team. Two years into the contract, he meets with an accident which results in the complete amputation of his right leg. Lawrence is discharged from further performance of the contract by ________.
3) In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?
4) Daniel Simmons and Lawrence Rogers, the 2 owners of XYZ, LLC are contending parties to a lawsuit involving the division of their business assets. They wish to settle their case out of court. Daniel and Lawrence engage in discussions and bargaining with the presence of their attorneys and finally conclude that Daniel keeps 60 percent of the assets while Lawrence gets the remainder. In this scenario, the ________ method of alternative dispute resolution is used.
5) Jeremy crashes his friend John’s car because he is an incompetent driver. Emily, John’s sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following is Emily allowed to do in this situation?
6) Hartman, who has worked for Aratize, Inc. for 25 years, is retiring. Upon hearing the news of his retirement, the president of Aratize announces a bonus of $250,000 to Hartman for his exceptional services toward Aratize thus far. But upon retiring, Hartman isn’t paid the bonus. Hartman decides to sue the president and Aratize to recover the promised bonus. Which of the following is true of this case?
7) Which of the following is true of monetary damages?
8) If a competitor reverse engineers a trade secret, then the competitor is ________.
9) An LLC that was organized in Alabama and is operating in Texas with no operations outside the United States is considered a ________ in Texas.
10) Why is proving a bona fide occupational qualification essential?
11) Which of the following must be in writing even if it is below the time stipulation of the Statute of Frauds?
12) The state of having died without leaving a will is known as ________.
13) Which of the following is true about a minor’s right to disaffirm a contract?
14) Which of the following statements is true regarding the liability of the partners in a limited partnership?
15) The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident. A defect in manufacture of the plaintiff’s vehicle is found to be 60 percent responsible for the accident, while the plaintiff’s own negligence is 40 percent responsible. Under the doctrine of comparative negligence, how much would the defendant–the manufacturer of the vehicle–have to pay the plaintiff in damages?
16) Which of the following federal statutes was enacted by the Congress to protect trade secrets?
17) Helen works as the vice president of Gotspeed Corporation, a company that develops and sells sports shoes. Nestor, a home-based shoemaker, meets Helen privately in order to present a model for a more cost-efficient and durable shoe. Instead of taking the idea to Gotspeed’s board of directors, Helen pays Nestor’s asking price and purchases the Anklator model for herself. Helen leaves Gotspeed Corporation and forms her own company that manufactures and markets the Anklator shoe models. What breach of the duty of loyalty has Helen committed here?
18) Halfren, a county in the state of Halizona, is extremely earthquake-prone. A committee set up by the governor to study the effects of past earthquakes found that a new technique of using steel reinforcements in building columns would help reduce overall damages. The findings were put to a debate at the local town hall, where it was accepted by a majority of the residents of Halfren. The state government then passed a law making it mandatory to use the new steel-reinforced columns while constructing new buildings in Halfren. Which function of the law did the state government of Halizona exhibit in this case?
19) According to the provisions set forth by the Sarbanes-Oxley Act, the ________ may issue an order prohibiting any person who has committed securities fraud from acting as an officer or a director of a public company.
20) Which of the following statements is true of the performance of a contract?
21) Prado Loyola is a race-car driver who has signed an agreement with the racing team Provolt. The agreement states that Provolt is not responsible for the dangers involved in racing and that Loyola participates in all car races voluntarily, with full knowledge of the risk of injury or death that might result as a consequence. During the course of a race, a slight drizzle that covers the windshield affects Loyola’s visibility and he misses a turn, resulting in a crash. Which of the following defenses can the Provolt team cite to protect itself from liability in the event that Loyola sues them?
22) Jerry is employed by U.S.-based Iconic Systems. His work hours per week for the month of January were 40 hours the first week, 30 hours the second week, 50 hours the third week, and 45 hours the fourth week. According to the FSLA, how many hours of overtime pay is Jerry entitled to at the end of January?
23) A(n) ________ is a relationship formed when an employer hires an employee and gives that employee authority to act and enter into contracts on his or her behalf.
24) Which of the following is a function of the state supreme courts?
25) Which of the following does the Money Laundering Act prohibit?
26) What is the difference between statutes and ordinances?
27) Which of the following is true of the registration of copyrights?
28) Steve Templeton, the CEO of Rolland Motor Company, is contemplating the shutdown of a plant in Kantron. The plant has been unprofitable for some time now, and there is increasing pressure from shareholders to shut it down so as narrow the loss being incurred by the shareholders. But closing the plant would be a blow to the employees as they will lose their jobs, and the local suppliers will lose a major buyer. There is also fear that the sudden closing of the plant will have an adverse effect on the community of Kantron, as the plant is one of the main sources of employment for the locals. Steve Templeton considered all these factors before making a decision on the fate of the plant. If Steve Templeton, after wagering all the factors, finds that the loss to the employees and the community is far greater than the one incurred by the shareholders, and decides to keep the plant open in Kantron, which of the following moral theory matches Steve Templeton’s approach in keeping the plant open?
29) The ________ is an international organization created by a multilateral treaty in 1945 to promote social and economic cooperation among nations and to protect human rights.
30) Jones & Hilton Co. owned a large cold storage warehouse where they stored and processed meat and meat products. An insider revealed to the media that the cold storage failed to meet numerous safety standards, encountered repeated rodent attacks, and sold potentially harmful and infected meat in the market without notifying authorities. The ________ has the authority to conduct inspections of the cold storage warehouse and initiate legal proceedings against the owners for endangering the health of consumers.
U.S. Department of Agriculture
ADDITIONAL INSTRUCTIONS FOR THE CLASS
Discussion Questions (DQ)
Initial responses to the DQ should address all components of the questions asked, include a minimum of one scholarly source, and be at least 250 words.
Successful responses are substantive (i.e., add something new to the discussion, engage others in the discussion, well-developed idea) and include at least one scholarly source.
One or two sentence responses, simple statements of agreement or “good post,” and responses that are off-topic will not count as substantive. Substantive responses should be at least 150 words.
I encourage you to incorporate the readings from the week (as applicable) into your responses.
Weekly Participation
Your initial responses to the mandatory DQ do not count toward participation and are graded separately.
In addition to the DQ responses, you must post at least one reply to peers (or me) on three separate days, for a total of three replies.
Participation posts do not require a scholarly source/citation (unless you cite someone else’s work).
Part of your weekly participation includes viewing the weekly announcement and attesting to watching it in the comments. These announcements are made to ensure you understand everything that is due during the week.
APA Format and Writing Quality
Familiarize yourself with APA format and practice using it correctly. It is used for most writing assignments for your degree. Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for APA paper templates, citation examples, tips, etc. Points will be deducted for poor use of APA format or absence of APA format (if required).
Cite all sources of information! When in doubt, cite the source. Paraphrasing also requires a citation.
I highly recommend using the APA Publication Manual, 6th edition.
Use of Direct Quotes
I discourage overutilization of direct quotes in DQs and assignments at the Masters’ level and deduct points accordingly.
As Masters’ level students, it is important that you be able to critically analyze and interpret information from journal articles and other resources. Simply restating someone else’s words does not demonstrate an understanding of the content or critical analysis of the content.
It is best to paraphrase content and cite your source.
LopesWrite Policy
For assignments that need to be submitted to LopesWrite, please be sure you have received your report and Similarity Index (SI) percentage BEFORE you do a “final submit” to me.
Once you have received your report, please review it. This report will show you grammatical, punctuation, and spelling errors that can easily be fixed. Take the extra few minutes to review instead of getting counted off for these mistakes.
Review your similarities. Did you forget to cite something? Did you not paraphrase well enough? Is your paper made up of someone else’s thoughts more than your own?
Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for tips on improving your paper and SI score.
Late Policy
The university’s policy on late assignments is 10% penalty PER DAY LATE. This also applies to late DQ replies.
Please communicate with me if you anticipate having to submit an assignment late. I am happy to be flexible, with advance notice. We may be able to work out an extension based on extenuating circumstances.
If you do not communicate with me before submitting an assignment late, the GCU late policy will be in effect.
I do not accept assignments that are two or more weeks late unless we have worked out an extension.
As per policy, no assignments are accepted after the last day of class. Any assignment submitted after midnight on the last day of class will not be accepted for grading.
Communication
Communication is so very important. There are multiple ways to communicate with me:
Questions to Instructor Forum: This is a great place to ask course content or assignment questions. If you have a question, there is a good chance one of your peers does as well. This is a public forum for the class.
Individual Forum: This is a private forum to ask me questions or send me messages. This will be checked at least once every 24 hours.