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Question: Explain the doctrine of employment at will.


Explain the doctrine of employment at will.


> In teams of three or four, interview doctors, nurses, pharmacists, and other individuals who are employed by clinics, hospitals, and insurance companies. Ask them to provide examples of individuals and organizations that have requested medical informatio

> In teams of three or four, interview several local businesses to learn what types of complaints they have received regarding defective products. Are these complaints examples of product flaw, failure to warn, or design defect?

> In teams of three or four, interview several local businesses. Ask them how they maintain a safe and healthful workplace.

> Using the Internet and search engines, find several websites that offer products and services for sale. In addition to clicking an “I accept” button, how are computer users requested to accept offers? List several means.

> In teams of three or four, interview members of the trust department of a local bank to learn how they handle trusts and perform as executors of estates.

> Using the Internet and search engines, investigate sample leases. What are some of the covenants and conditions typically contained in these leases?

> In teams of three or four, visit several hotels and motels to determine their policies regarding stolen or missing property. Ask particularly about experiences with guests’ complaints.

> Working in teams of three or four, interview personnel at the nearest governmental authority (federal, state, or local) that handles cases of eminent domain, or the taking of private property for public use. Structure the interview so that the process is

> Name five rules that a firm, or its advertising agency, should follow to protect its trademarks.

> Using the Internet and search engines, find items for sale in which the form of payment accepted is a check. How should such checks be written and endorsed?

> Using the Internet and search engines, investigate legal safeguards to protect electronic transfer of funds.

> Working in teams of three or four, interview personnel at your local bank to check liability for lost or stolen bank-issued ATM, credit, and debit cards.

> Using the Internet and search engines, investigate the tax rules relating to the organizational forms discussed in the chapter.

> In teams of three or four, interview owners of small businesses in your city or town. Ask them to explain why they chose their particular business organizational form.

> In teams of three or four, interview managers of small real estate agencies. Discuss with these managers the nature of the agent’s relationship with the principal, including agent’s authority and other matters.

> Using the Internet and search engines, investigate online auctions to determine the operating rules of the various sites.

> In teams of three or four, interview a variety of local businesses to determine how they transfer title for the sale of goods. Some types of businesses would include equipment retailers, automobile dealerships and pet stores.

> Using the Internet and search engines, investigate the operation of small claims courts in your community or one nearby. Determine the kinds of cases typically heard and the limit in dollars involved in cases that these courts are authorized to hear.

> Working in teams of three or four, interview the owners or managers of small businesses to determine whether they typically get involved in contract assignments.

> Name at least three administrative agencies at each level of government: federal, state, and local.

> Using the Internet and search engines, investigate common internal business crimes committed by employees.

> Explain the major provisions of the privacy rule in the Health Insurance Portability and Accountability Act of 1996.

> Explain the major provisions of the Patient Protection and Affordable Care Act of 2010.

> Describe six types of health-related insurance benefits typically available to employees.

> Describe the different types of medical insurance that are commonly available to individuals and employers.

> Explain the purpose of an advance directive and discuss the two most common types.

> Discuss how major federal legislation aims to reduce pollution.

> Describe the history of federal statutes dealing with environmental protection.

> Discuss the international laws governing intellectual property.

> Discuss the major provisions of the Foreign Corrupt Practices Act, the treaty known as the Contracts for the International Sale of Goods, and the Foreign Sovereign Immunities Act.

> Explain the distinction between fraud and misrepresentation.

> Explain the purposes of several major international trade institutions.

> Explain how professionals protect themselves against the losses that might result from being found liable for malpractice or negligence.

> Provide examples of professional malpractice that might be caused by health care providers, accountants, financial planners, architects and engineers, attorneys, insurance agents and brokers, and others.

> Explain how the elements of a malpractice lawsuit are applied to professionals.

> Distinguish between the malpractice of professionals and other forms of negligence by nonprofessionals.

> Explain the characteristics of a professional.

> Describe how federal and state statutes regulate tobacco products, and explain some provisions of the Master Settlement Agreement.

> Summarize the testing procedure required by the Food and Drug Administration in order to gain approval to sell a drug.

> Explain the legal reasoning behind the concept of strict liability.

> Discuss several bases of claims often used against manufacturers and sellers in product liability lawsuits.

> List five elements an injured party must prove in order to claim fraud.

> Describe product liability and the tort upon which it is based.

> Discuss an employee rights to medical leave and unemployment benefits.

> Discuss labor unions and the rights of employees, unions, and employers under federal law.

> Identify the major federal statutes concerning discrimination in employment, and identify several forms of conduct that can constitute sexual harassment.

> Discuss federal and state laws that protect employees, including workers’ compensation and the Occupational Safety and Health Act.

> Discuss the impact of the Fair Labor Standards Act on the employer-employee relationship.

> Explain how employers expose themselves to legal liability when they provide employee references.

> Distinguish between employees and independent contractors.

> Describe the duties of an employer and employee to each other.

> Describe the conditions under which arbitration clauses in employment contracts are enforceable.

> Provide examples of how the application of law affects (a) one’s personal or social life, (b) business or business operations, and (c) governments.

> Discuss the current rules pertaining to states’ levying sales taxes for purchases made online.

> Explain how contracts formed online are offered, accepted, and signed.

> Explain how the Federal Trade Commission protects consumers from deception in online advertising.

> Discuss the role of the Securities and Exchange Commission in the sale and trading of securities online.

> Describe the law surrounding social media, and provide examples of legal issues associated with this form of communication.

> Discuss the concept of speech in a traditional context, as well as in relation to computer usage.

> Explain the major provisions of the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, the Electronic Funds Transfer Act, and other federal and state legislation that covers computer crime.

> Discuss computer privacy and explain the possible threats to a person’s right to privacy.

> Describe how copyright law can be applied to software and cyberspace.

> Explain copyrights and how the doctrine of fair use applies to them.

> Distinguish between the different classifications of contracts, including oral and written, express and implied, formal and simple, and entire and divisible.

> Discuss how trademark law can be applied to cyberspace.

> Distinguish between the types of trademarks.

> Discuss when computer software is protected by trade secret law, and when it is protected by licensing.

> Explain why trade secrets are so important to a firm, and recognize how these may be protected using restrictive covenants and agreements not to compete.

> Discuss trusts, including the major types of trusts and the role of a trustee.

> Explain the way the court distributes the estate of someone who dies intestate.

> Identify the requirements for a valid will.

> Recognize the language used to describe the various people, and the court, involved with a will.

> Discuss the rights and duties of landlords and tenants.

> Describe the four types of tenant interests in real property.

> Distinguish between independent contractors and employees.

> Discuss the landlord–tenant relationship.

> Distinguish among the four kinds of bailments, and discuss the level of care a bailee is required to give for each one.

> Discuss the transfer of real property, including (a) the various types of deeds, (b) the delivery and recording of deeds, and (c) transfers made through eminent domain and adverse possession.

> Describe ownership interests in real property in terms of freehold and leasehold estates.

> Discuss the characteristics of real property.

> Discuss the different forms of property ownership.

> Identify and discuss common ways in which title to personal property can be acquired.

> Describe the characteristics of property and provide examples of items considered property.

> Distinguish between personal and real defenses against payment of commercial paper, and list the types of defenses in each case.

> Describe the four requirements that qualify a person as a holder in due course.

> Describe the duties of an employer and employee to each other.

> Explain the obligations, warranties, and discharge of endorsers, and specify the five warranties assumed to exist in endorsements.

> Describe the four kinds of endorsements.

> Discuss electronic funds transfers and provide several examples of these.

> Discuss the various kinds of checks and the rules and procedures for stopping payment on a check.

> List and explain the essentials for negotiability of commercial paper.

> Explain the characteristics of commercial paper and how it differs from ordinary contracts.

> Explain the major applications of Chapters 9, 11, 12, and 15 of the federal bankruptcy law.

> Explain the provisions and applications of Chapter 13 of the federal bankruptcy law.

> Describe the means test and the requirement for debtor education and credit counseling under the Bankruptcy Abuse Prevention and Consumer Protection Act.

> Explain the provisions and applications of Chapter 7 of the federal bankruptcy law.

> Explain why and how an administrative agency is formed.

> Explain the major characteristics of a corporation.

> Define partnership and discuss the advantages and disadvantages of organizing as a partnership, as well as the advantages and disadvantages of being a limited partner.

> Define sole proprietorship and discuss its advantages and disadvantages.

2.99

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