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LAW 421 Slingshot Academy / law421mart.com

LAW 421 Slingshot Academy / law421mart.com

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LAW 421 Slingshot Academy / law421mart.com

LAW 421 Final Exam Guide
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LAW 421 Final Exam Guide
1) Which of the following does not result in a decision rendered by the hearing officer?
A. Arbitration
B. Mediation
C. Med-arb
D. Using expert evaluators
2) Jurisprudence is defined as
A. adjudication of law suits
B. the enactment of laws by a government body
C. the science and philosophy of law
D. the duties and obligations owed by a citizen
3) The state of Kansas has enacted a new law requiring all commercial trucks driving on Kansas roads to have special mud flaps installed.
These mud flaps have been proven to make driving in the rain significantly safer due to reduced mist created by trucks driving in the rain,
although data regarding accidents and injuries has not yet been determined. Any truck entering Kansas must have these flaps installed or
will be subject to a significant fine and delay. The cost for purchase and installation of these flaps is $1,000 per truck. In short, trucks must
have these flaps or go around the state. This Kansas law
A. is valid because it only applies to Kansas roads and such a law is entirely intrastate
B. is valid because Kansas’s right to protect its citizens under its police powers will override any outside challenges to this law
C. is invalid because this law is intended to regulate interstate commerce, an enumerated federal power
D. is invalid because although on its face it’s an intrastate law, this statute will have a significant economic effect on interstate commerce
causing an undue burden
4) The power of preemption is derived from
A. the power of judicial review
B. the Commerce Clause
C. the Necessary and Proper Clause
D. the Supremacy Clause
5) What is the main problem with international courts?
A. Finding judges who understand the complexities of international law
B. Creating a body of law that reflects multiple legal systems
C. Enforcing a ruling on sovereign nations is difficult
D. Lack of recognition from the U.N. and WTO
6) Under the U.S. legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and defendant
A. are all paid by the loser
B. are all paid by the winner
C. are paid for by each side with the plaintiff and defendant paying for their own legal costs
D. are totaled by the court and then for fairness, split in half with each side paying an equal amount
7) Generally, torts law is governed by
A. state statutory law
B. state common law
C. federal statutory law
D. constitutional law
8) Assumption of risk is a defense to
A. conversion
B. negligence
C. defamation
D. battery
9) The three stripes on Adidas clothing represents a
A. trademark
B. trade dress
C. trade secret
D. patent
10) The color or shape of an item, if distinctive, is a
A. trademark
B. trade dress
C. copyright
D. patent
11) Cybersquatting describes the practice of
A. registering multiple domain names and then selling them back to companies at inflated prices
B. hacking into a company’s website to install a virus or Trojan horse designed to steal information but allow the site to continue
operation
C. using mechanical devises to access a company’s website multiple times to the point that traffic to the site is slowed or blocked
D. hacking into a company’s website to install a virus designed to cause the company’s website to totally cease operation
12) The Digital Millennium Copyright Act (1998) provided each of the following protections EXCEPT
A. manufacturers of CD-Writers were required to pay 2% of their sales into a fund to be distributed to copyright holders because the
CD-Writers could easily copy music and other copyrighted works
B. civil and criminal penalties were established for those who sell or manufacture products or services that circumvent antipiracy software
C. restrictions were placed on analog recorders and camcorders that lack antipiracy features
D. ISPs were relieved of liability for copyright infringement by their users as long as the ISP had no knowledge of the infringement
13) When Maria comes home from work, she finds that her yard has been mowed and trimmed. An hour later, a man comes to her door to
collect payment for the yard work. Maria refuses to pay him because she has never seen him before nor had she hired him to do the work.
Which of the following is accurate?
A. This is an implied, unilateral contract, so she must pay.
B. Maria has received unjust enrichment so a quasi contract is formed, so she must pay.
C. The court would make Maria pay the reasonable cost of the work to be fair to both parties.
D. Maria would not have to pay anything.
14) Where a promise can only be accepted by the performance of the person to whom it is offered is an example of a/an
A. bilateral contract
B. unilateral contract
C. implied contract
D. quasi contract
15) Each of the following is a discharge by mutual consent EXCEPT
A. accord and satisfaction
B. novation
C. rescission
D. frustration of purpose
16) Harry sees an AK-47 automatic assault rifle in a gun shop window. He inquires about the price and is told that it is $2,500. Harry signs
a contract promising to pay the $2,500 on Friday, taking possession of the rifle when payment is made. On Thursday, a law is enacted
making the ownership, sale, or possession of an automatic rifle illegal. This contract
A. automatically terminates due to impossibility
B. automatically terminates due to impracticability
C. automatically terminates due to frustration of purpose
D. is enforceable and not affected by the new law because it was entered into before the law took effect
17) Which of the following is rarely awarded in contracts cases?
A. Consequential damages
B. Compensatory damages
C. Punitive damages
D. Liquidated damages
18) Which of the following is classified as an equitable remedy?
A. Consequential damages
B. Reformation
C. Restitution
D. Liquidated damages
19) Which of the following would not be considered tangible?
A. A car
B. Oxygen
C. The right of ownership
D. The pen or pencil you are using
20) With regard to consideration in a sales contract, the UCC differs from the common law in that
A. consideration in a sales contract may be modified without additional consideration
B. consideration exchanged must be equal or very closely equal in sales contracts
C. consideration is not required in sales contracts
D. consideration in a sales contract may be modified as long as additional consideration is provided
21) The UCC will permit an incomplete or slightly ambiguous contract to be enforced using each of the following criteria EXCEPT
A. past commercial conduct
B. industry standards or norms
C. judicial input of any terms necessary to maintain fairness
D. correspondence or verbal exchanges between the parties
22) Two merchant companies have entered into a contract for the sale of goods but have had no prior dealings, which would establish a
course of conduct between them. The UCC will allow gap fillers to apply to their contract regarding missing terms in each of the following
situations EXCEPT
A. they have failed to specify when payment for the goods is to be made
B. they have failed to specify where delivery of the goods is to be made
C. they have failed to specify the quality or grade of the goods to be delivered
D. they have failed to specify the price of the goods to be delivered
23) When a buyer rejects nonconforming goods and purchases the appropriate goods from a different seller, this is an example of which of
the following:
A. Cover
B. Specific Performance
C. Lawsuit for Money Damages
D. Revoking Acceptance
24) Which of these is not a requirement for disclaiming a warranty?
A. Statutory authorization
B. A conspicuous writing
C. Explaining why the warranty is being disclaimed
D. Including the word merchantability if merchantability is to be disclaimed
25) “What if everyone took these same actions” is a question sometimes called the
A. universalization approach
B. utilitarian approach
C. functionality approach
D. morality approach
26) The utilitarian approach to moral philosophy was founded by
A. Jeremy Bentham
B. Immanuel Kant
C. Cicero
D. Kenneth Lay
27) Stan is an investment manager. He has received money from various investors with a promise of very high returns on their investments.
The invested money is not supplying enough capital in order to pay the returns promised, so he has started using new investor’s money to
pay older investors. By advertising and by word of mouth, people are anxious to invest with Stan because of the money being paid, and
with the influx of new investors, he is able to continue operating. Stan is
A. operating an insider trading operation
B. racketeering
C. guilty of conspiracy to defraud
D. operating a Ponzi scheme
28) Ben is the manager of a branch of a large bank. He has regularly taken money from customer’s accounts for his own use and changed
the bank records to cover his actions. Ben is guilty of
A. a conspiracy
B. a Ponzi scheme
C. racketeering
D. embezzlement
29) The Sarbanes-Oxley Act (2002) imposed stricter regulations on how corporations do business through regulations in each of the
following areas EXCEPT
A. tax compliance
B. financial reporting
C. corporate governance
D. auditing
30) Joan is the CFO of Para Corp. and is a year from retirement. In order to guarantee herself a very substantial bonus and to boost her
retirement package, she knowingly certifies false financial reports making the company appear to be much more profitable than it really
is. She further takes steps to assure that the financial report was not reviewed through internal controls maintained by Para Corp. Under
the provisions of the Sarbanes-Oxley Act (2002), if her fraud is NOT part of a larger scheme, what criminal penalties are possible for
Joan?
A. $1 million in fines and up to 10 years in prison
B. $2 million in fines and up to 12 years in prison
C. $5 million in fines and up to 15 years in prison
D. $10 million in fines and up to 20 years in prison
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LAW 421 Week 1 Discussion Question 1
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What are the three branches of government and their functions? How are powers balanced in the U.S. government? How does each branch of government make laws? Provide examples.
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LAW 421 Week 1 Discussion Question 2
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What are some examples of alternative dispute resolutions (ADRs)? What are the advantages and disadvantages associated with ADR versus litigation? What are some examples of arbitration that can occur in your professional and personal life? Explain.
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LAW 421 Week 1 Individual Assignment Role and Functions of Law Paper (3 Papers)
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This Tutorial contains 3 Different Papers
Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. inCh. 2, section 2–6, “Commerce Powers,” of the text
Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading.
Format your paper consistent with APA guidelines.
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LAW 421 Week 1 The Role and Functions of Law (2 Papers) (New)
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This Tutorial contains 2 Papers
Write a 1,050- to 1,400-word paper in which you discuss the roles of law and courts in today’s business environment. Include the following:
· Explain the origins of the U.S. judicial system and how the judicial system fits into society — including business.
· Differentiate the federal court structure from your state’s court structure.
· Discuss the concept of judicial review.
· Describe the different forms of Alternative Dispute Resolution (ADR) and how they can be used in business.
· Explain how ADR is different from the traditional court system.
· Explain how laws or regulations affect your present job or industry.
Cite a minimum of 3 scholarly references.
Format your paper consistent with APA guidelines.
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LAW 421 week 2 Business Torts & Ethics Presentation
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This Tutorial contains 2 Papers
Create a 12- to 15-slide Microsoft® PowerPoint® presentation including detailed speaker notes. The speaker notes should act as the script or text of the presentation. The presentation should include the following:
· Discuss key points of the team’s individual papers.
· Identify those business activities that might result in criminal liability.
· Discuss the influence that intellectual property law has in business.
· Differentiate among the different kinds of torts that might affect a business.
· Defend the collective findings of the learning team and the conclusions.
Format the presentation consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.
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LAW 421 Week 2 Business Torts and Ethics Paper (2 Papers)
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This Tutorial contains 2 Papers
Imagine you own Springfield Arms Apartments, a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon’s screams attract the attention of Darryl, your resident manager, who comes to Sharon’s aid. Together, Darryl and Sharon drive the intruder off, but not before they both are badly injured by the intruder.
Write a 1,050- to 1,400-word paper in which you include the following:
· Explain whether or not the intruder is liable for his actions.
· Explain your legal duties and responsibilities to Sharon and Daryl.
· Differentiate among some of the potential torts that might arise from this business context.
· Discuss ways to prevent or mitigate the risk of the potential torts.
· Apply ethical principles to this business scenario.
· Discuss what, if any, ethical responsibilities you have to Sharon and Daryl.
Cite to at least four scholarly references.
Format your paper consistent with APA guidelines.
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LAW 421 Week 2 Discussion Question 1
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What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples of both negligence and an intentional tort. How does the strict liability doctrine apply to the practice of accounting? Provide examples.
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LAW 421 Week 2 Discussion Question 2
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What types of intellectual property are used at your organization? How are they protected? What are the advantages and disadvantages of a noncompete clause as opposed to a nondisclosure clause? What privacy and security issues arise when conducting business on the Internet? Provide examples.
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LAW 421 Week 3 Discussion Question 1
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What are the essential elements necessary to form a valid contract? Provide examples of each. Under what conditions can contractual duties be modified? When does promissory estoppel apply? Provide an example.
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LAW 421 Week 3 Discussion Question 2
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What are the differences between a void contract and a voidable contract? Provide examples. Which party or parties to a voidable contract have the right to disaffirm the contract? Can written agreements be modified orally? Explain why or why not.
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LAW 421 Week 3 Learning Team Reflection
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Discuss the, “Legal Issues in Cyberspace” excerpt in Section 24–5 of Ch. 24, and Section 24–6, “Copyright Infringement,” of the text. Discuss the topics you are comfortable with, the topics you struggled with, and how these issues relate to application in your field.
Write a 350- to 700-word paper detailing the findings of your discussion.
Click the Assignment Files tab to submit your assignment.
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LAW 421 Week 3 Team AssignmentContract Law Drafting Exercise (2 Papers)
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This Tutorial contains 2 Papers
Draft a contract clause regarding one of the following topics:
· Dispute Resolution Clause
· Intellectual Property Clause regarding either ownership of IP or Trade Secrets
Write a 700- to 1,050-word paper including the following:
· Discuss the elements necessary to form a valid contract using the contract clause as an example.
· Explain the legal issues addressed by your selected topic/clause and how your contract clause can be applied within a business managerial setting.
· Summarize the potential legal defenses available to contract formation.
· Evaluate the potential remedies for breach of contract that might be available is someone breached the contract you created.
Cite to at least three scholarly sources.
Format your paper consistent with APA guidelines.
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LAW 421 Week 4 Discussion Question 1
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What are the UCC principles of good faith and reasonableness to sales contracts? What are the different ways that title transfers under UCC Article 2? Which party bears the risk? What distinguishes a sale on approval, sale on consignment, and sale or return under UCC Article 2?
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LAW 421 Week 4 Discussion Question 2
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What are the remedies for contract breach available under UCC Article 2? What are the types of warranties available under UCC Article 2? How do you differentiate between implied and express warranties under UCC Article 2? Provide examples.
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LAW 421 Week 4 Learning Team Reflection (2 Papers)
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This Tutorial contains 2 Different Reflection Summary
Discuss the common contracts that you and your teammates have encountered in your personal and professional lives. Your discussion should include the topics you are comfortable with, the topics you struggled with, and how the weekly topics relate to the common contracts.
Write a 500 to 750-word paper detailing the findings of your discussion.
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LAW 421 Week 4 Regulatory Agencies and SOX Presentation (2 PPT)
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This Tutorial contains 2 Presentations
Create an 8- to 10-slide Microsoft® Powerpoint® presentation including detailed speaker notes. Speaker notes should act as the script of text of the presentation. The presentation should include the following:
· Summarize the key points of the individual assignments.
· Summarize the role of the U.S. regulatory agencies on business.
· Identify regulatory compliance requirements for business managerial situations including those that relate to Sarbanes-Oxley Act of 2002 (SOX).
· Defend the collective findings of the Learning Team.
Format your presentation consistent with APA guidelines.
Click the Assignment Files tab to submit your assignment.
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LAW 421 Week 4 Sarbanes-Oxley Act Paper (2 Papers)
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This Tutorial contains 2 Papers
Write a 700- to 1,050-word paper analyzing the manner in which the Sarbanes-Oxley Act of 2002 revitalized the SEC. In the paper include the following:
· Summarize the Sarbanes-Oxley of 2002 as it relates to U.S. business operations.
· Explain the governance principles of regulatory compliance requirements related to Sarbanes-Oxley.
· Discuss the role of the SEC and how Sarbanes-Oxley affected the agency.
· Explain how Sarbanes-Oxley strengthened the enforcement of securities fraud and helped with the implementation of accounting reforms.
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LAW 421 Week 4 Team Contract Chart
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LEARNING TEAM: Discuss with your group the difference between a bilateral vs. unilateral contract; when UCC Article 2 applies to contracts and when it does not; the difference between an executed vs. executory contract….then Fill out the attached contract chart identifying 12 Contracts (each member should list at least 3).
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LAW 421 Week 5 Employment Law Case Brief & Presentation (3 PPT)
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This Tutorial contains 3 PPT (each on Case 20.1, Case 20.2 and Case 21.3)
Read “The IRAC method of case study analysis” found in the Week 5 Electronic Reserve Readings.
Select one legal case from the following list and discuss the case with your learning team.
· Case 20.1 Thompson v. North American Stainless, LP
· Case 20.2 Ricci v. Destefano
· Case 21.1 IPB, Inc. v. Alvarez
· Case 21.2 Kasten v. Saint-Gobain Performance Plastics Corp.
· Case 21.3 Staub v. Proctor Hospital
Write a case brief using the IRAC method and format.
Create an 8- to 10-slide Microsoft® PowerPoint® presentation in which your team members summarize the IRAC legal concepts and analyze how these legal concepts within 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 421 Week 5 Individual Assignment Article Review (2 Papers)
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This Tutorial contains 2 Different Papers
Resource: Article Review Format Guide located on the student website
Locate an article specifically related to the Sarbanes-Oxley Act (SOX Act) of 2002.
Write a 350- to 700-word review of the article. Your review should discuss how the SOX Act may affect ethical decision making in today’s business environment, and the criminal penalties for which the act provides.
Format your paper consistent with APA guidelines.
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LAW 421 Week 5 Individual Assignment Discrimination Issues Paper (2 Papers)
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This Tutorial contains 2 Papers
Write a 1,050- to 1,400-word paper in which you discuss the roles of law and courts in today’s business environment. Include the following:
· Explain the origins of the U.S. judicial system and how the judicial system fits into society — including business.
· Differentiate the federal court structure from your state’s court structure.
· Discuss the concept of judicial review.
· Describe the different forms of Alternative Dispute Resolution (ADR) and how they can be used in business.
· Explain how ADR is different from the traditional court system.
· Explain how laws or regulations affect your present job or industry.
Cite a minimum of 3 scholarly references.
Format your paper consistent with APA guidelines.
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LAW 421 Week 5 Team Assignment Case Scenarios Grocery, Inc. Presentation (3 Sets)
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This Tutorial contains 3 Different Presentations
Resource: University Material: Case Scenarios: Grocery, Inc., multimedia link located on the student website
Review the case scenarios and questions associated with scenarios.
Prepare a paper containing your responses to questions in each case scenario. Each question should have a response of at least 350 words.
The week five team assignment calls for responses to seven, often multi part, questions contained in the Grocery scenario; frankly, these questions are so extensive that teams tend to do rather cursory analysis of all the questions rather than the desired detailed and careful analysis.
 
 THEREFORE, the assignment is modified as follows:
 
 First, ignore and do not provide answers to the last two questions of the scenario, i.e., “Who bears the risk? Explain your answer” and “Is there a contract? if so, what are the terms? Explain your answers. Also discuss the use of Supplier’s oral testimony at trial.” Therefore, the team assignment consists of five questions rather than seven.
 
 Second, the remaining five questions do not have equal values as certain questions are far more difficult and comprehensive than others. More emphasis by the team should be placed on the harder questions. The point values of the five questions are respectively 1 (Article II), 3 (renovation project), 3 (Jeff’s car), 3 (Gap Filling) and 4(Tom and Harry).
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