How do abusive discovery practices raise the cost of litigation?
> Sophia’s Glam Designs needs to hire 100 new workers to manufacture a new line of back-toschool outfits. The company received hundreds of applications for the positions. Simone, Sophia’s 68 Glam Designs Human Resources Manager, requires all new hires to c
> John Hancock Life Insurance Company instructed its employees to create passwords to protect their e-mail accounts. Employees also were told to create personal folders for messages they send and receive. After a company investigation, Nancy and Joanne wer
> Why has the aging of the “baby boom” generation put so much pressure on the financial stability of historically successful companies?
> In the sixth month of her pregnancy, Suzanne was advised by her doctors to slow down the hectic pace of her consulting career. Upon this advice, Suzanne requested and was granted by her employer 12 weeks of medical leave. During the tenth week of this le
> Another article from The Wall Street Journal carries the headline “Tipsters Telephoning Ethics Hot Lines Can End Up Sabotaging Their Own Jobs.” Discuss why whistle-blowing is unpopular within the corporation. Apply to your discussion what sociologist Rob
> To show your understanding of the WARN notice, answer these questions: (a) Who are the covered employers? (b) What format is required for a WARN notice? 684 (c) When must the WARN notice be given? (d) To whom must the WARN notice be delivered?
> (a) The Sherman Act, as amended by the Clayton Act, seeks to preserve competition by declaring two types of anticompetitive behavior to be illegal. Describe these two behaviors. (b) Through what agencies does the federal government enforce the antitrust
> (a) What is the purpose of patents and copyrights as identified in the Constitution? (b) Explain the claim that the pace of research and development of new products would slow if intellectual property right did not protect it.
> Don, a promoter of prize fights, formed a corporation. Don was the sole shareholder, sole director, and president of the corporation. Don was charged with a violation of RICO. Is the requirement of both a person and an enterprise met?
> Joe, a purchasing agent of ABC Company, entered into a contract to purchase software on behalf of ABC from a software company represented by Harry. The contract stated a price of $10,000 but the actual cost was $8,000. Joe and Harry split the $2,000. Wha
> Your business is in need of additional working capital. You contact your bank about a loan. A line of credit of $500,000 is tentatively approved pending you furnish audited financial statements. You meet with your auditor who is also a personal friend. S
> (a) What federal law establishes the minimum wage and the hours in a workweek? (b) What is the minimum wage and what is considered the maximum workweek? (c) What is required regarding overtime compensation or time off?
> Quincy was a successful investment banker specializing in underwriting and merger advice. A federal grand jury was investigating the sales of initial public offerings, and Quincy knew that the grand jury had issued subpoenas seeking information about Qui
> The U.S. sentencing guidelines apply a mathematical formula to sentencing. How do the guidelines operate?
> A pharmaceutical company tried to boost its sales by encouraging doctors to use its new drug, LDL Control, to treat high cholesterol. An important part of their sales pitch included paying for lavish dinners and weekend trips for the doctors and their fa
> Susan, a partner in a CPA firm, prepares a federal income tax return knowing that it contains false information. Because the client wants the return prepared in this manner, Susan obtains the taxpayer’s signature on the return and files it with the IRS.
> Mary lost her billfold, which contained credit cards and an ATM access card. She had written her pin number on a piece of paper, which was also in the billfold. Al found the billfold. He used the credit cards and ATM card to obtain over $2,500 in goods,
> (a) What types of sanctions are used for the violation of statutes and regulations? (b) What is an injunction?
> (a) What are the two premises of tort liability? (b) When are punitive damages appropriate in a tort case?
> (a) What is the purpose of compensatory damages? (b) What is specific performance of a contract?
> (a) What are the sanctions for criminal conduct. (b) Name three purposes of criminal sanctions.
> (a) Why are legal sanctions important in a property-based legal system? (b) What is the difference between a sanction and a remedy?
> (a) Explain the two basic divisions of property. (b) Martin sold his house to Cheryl. Later, when he tried to take the beautiful chandelier in the dining room, which had belonged to his grandparents, with him, Cheryl objected. What is the issue here? Leg
> (a) Explain the relationship of case law to the other sources of law.
> (a) Explain what it means to say that constitutions are the “highest laws of the nation.” (b) Explain the important distinctions between state and federal constitutions.
> What is the advantage of this organizational form compared to the S corporation?
> (a) Although it is technically a corporation, the S corporation has the attributes of which business organization when considering the taxation factor? (b) What is the implication of this treatment if the S corporation has a profitable year but does not
> Laura and Gary have formed a limited partnership, with Gary agreeing to be the general partner. This partnership has purchased supplies from Sam. Sam has received a promissory note signed on behalf of the partnership as payment. If the partnership is una
> Terry is the senior partner in an accounting firm. One of Terry’s partners performs an audit. The audited firm sues Terry, as the senior partner, for alleged errors in the audit. If Terry is found liable, can Terry sue to collect a pro rata share of this
> What are the limitations of the sole proprietorship?
> What is the purpose of Section 18 of the Securities Exchange Act of 1934?
> Eric Ethan, president of Inside-Outside Sports Equipment Company, has access to information which is not available to the general investor. What standard should Eric Ethan apply in deciding whether this information is so material as to prevent him from i
> In what three ways did the Sarbanes-Oxley Act strengthen the enforcement of securities fraud?
> Janet buys a year’s membership in a new spa and exercise gym that has just opened. She pays $500 with her credit card. Less than one month later the business closes its doors, leaving 450 members without a place to work out. The owner, who has vanished,
> List and describe two major developments designed to allow auditors to focus on their review of, and not service to, public companies.
> (a) Why is the future of export controls in doubt? (b) What are some of the dangers associated with having an inadequate export control regime as nations combat terrorism?
> Explain the “modern traditional theory” of compensation related to the taking of private property by a foreign government.
> XYZ Company, a U.S. firm, is seeking to obtain business in Indonesia. XYZ learns that one of its major competitors, a German firm, is offering a key Indonesian governmental official a trip around the world for choosing their firm in the transaction. Can
> Why are arbitration clauses in international agreements favored by the courts and likely to be enforced when conflicts arise between the contracting parties?
> What is the primary requirement of the Hague Service Convention and how does it help a plaintiff when filing a lawsuit?
> Belgium arrests an American citizen, while he is visiting Brussels, on suspicion that he is an international drug smuggler. After a thorough investigation, Belgium realizes that it has arrested the wrong person. Can the American citizen successfully sue
> Several citizens of Colombia filed an action in the United States against Super Bananas, a U.S. company that owns the banana plantation where the individuals worked. In their complaint, the plaintiffs allege that they were threatened, beaten, and torture
> Suppose that a company is interested in a newly proposed regulation on clean air by the Environmental Protection Agency. What should this company do to provide its input on this EPA regulation?
> Describe the four possible functions of an administrative agency.
> Discuss the concept of “discharge” as used in bankruptcy law. What types of debts are not dischargeable? Explain.
> Roger sells his expensive mowing tractor to his neighbor Zan. Shortly after Zan takes possession, someone representing the lawn equipment company tells Zan that the store holds a purchase money security interest (PMSI) in the tractor. Does the store have
> (a) Describe the requirements for attachment of a security interest under UCC, Article 9. (b) Describe four different instances that demonstrate perfection of a security interest.
> Federal Rule 11 sanctions are available against both lawyers and their clients to curb frivolous litigation. Under what circumstances may sanctions be imposed?
> Under what circumstances may a court grant a motion for summary judgment?
> (a) Why do surprises rarely occur at trial? (b) What are some of the key devices a litigant can use in discovery?
> Describe the purpose of a complaint and an answer in civil litigation. What is the function of the pleading stage in a lawsuit?
> Why is the notion of res judicata critical in civil litigation?
> How does the court enforce judgments?
> What normally is contained in an appellate brief? An oral argument?
> The Zenith Credit Bureau telephones Dan and his family almost daily about payment of a $3,500 debt. The phone calls are causing stress for Dan’s family. Dan cannot afford to pay the debt at present, and he needs a listed telephone number for his business
> Name the three critical roles a lawyer serves in society. Why have many lawyers and their business clients had such conflict in recent years?
> Why have several states eliminated the requirement of unanimity in jury trials?
> What are the essential responsibilities of a trial judge?
> Ace Contracting constructs an office building for Realty Enterprises. Realty’s tenants quickly find a number of minor problems with the plumbing and insulation of the new building. When Realty contacts Ace about bringing its work up to standard, Ace prom
> (a) Explain the role of tender of performance. (b) What is the impact of one party tendering its performance?
> (a) Discuss the propriety of entities that acquire and assert patents but make no product. (b) You discover a specific human gene that determines male pattern baldness. Explain what it means to say that you can patent this gene.
> Is it possible for two utility patents owned by different people to cover the same product? Explain.
> Through long, expensive research you determine that both a bowling ball and a feather fall at the rate of 32 feet per second in a vacuum. Can you patent this knowledge? Explain.
> Describe the process for obtaining a patent.
> Can arbitration agreements be used to keep employees from litigating discrimination issues? Discuss.
> Why has there been so little use of cost-benefit analysis when judging the merits of an agency’s proposals and actions?
> Explain how state antidiscrimination laws protect workers in situations where federal laws do not.
> Do employers have an obligation to negotiate with groups of employees over issues of discrimination? Explain.
> Why does Title VII not apply to preventing discrimination in the getting and keeping of health insurance?
> Amy learns that she has the “breast cancer gene.” Devastated, she shares the news with her supervisor. A few days later, Amy receives a harsh employment evaluation—the first of her career—criticizing her handling of a client matter. Two weeks later, Amy
> Cantrell, the controller of Xylec’s Inc. was forced to retire at age 58 due to a general company policy. Although Cantrell has a company pension of $50,000 per year, she believes that her lifestyle will soon be hampered due to inflation, since the pensio
> When is it an advantage for a plaintiff to use Section 1981 as the basis for discrimination litigation as contrasted with using Title VII?
> Why is it important for businesspeople to understand the role of state blue sky laws in addition to federal securities regulations?
> Susan files a petition for certiorari in the U.S. Supreme Court following an adverse decision in the Illinois Supreme Court on a claim arising under a breach of contract. What chance does Susan have of the Supreme Court granting the petition? What specia
> XYZ makes and markets a product that it believes will help control weight by blocking the human body’s digestion of starch. The Food and Drug Administration (FDA) has classified the product as a drug and orders it removed from the market until it can eva
> Mark, a citizen of Georgia, was crossing a street in Atlanta when he was struck by a car driven by David, a citizen of New York visiting Atlanta. The car was owned by David’s employer, a Delaware corporation that has its principal place of business in At
> Describe four types of costs that businesses must absorb due to the regulatory process.
> A jury finds Lee, the defendant, liable in a tort case. It determines that José, the plaintiff, has suffered $200,000 in damages. The jury also finds that José’s own fault contributed 25% to his injuries. Under a comparative negligence instruction, what
> Explain the difference between proximate causation and causation in fact.
> (a) What does it mean to say that “chains of causation stretch out endlessly”? (b) What is the standard used by the judge in instructing the jury about causation?
> In litigation who usually determines if the defendant’s behavior is unreasonable?
> (a) Do you have a duty of care to warn a stranger on the street of the potential danger of broken glass ahead? (b) Do you have a duty to warn an employee of similar danger at a place of employment? Explain.
> What are the advantages and disadvantages of a joint venture with a foreign firm?
> (a) How should a licensor protect its investment in a foreign country? (b) Is licensing a less risky approach for the seller than direct foreign investment?
> BMW, a German buyer, opens an irrevocable letter of credit in favor of Goodyear, an American seller, for the purchase of tires on BMW automobiles. BMW confirms the letter of credit with Goodyear’s bank in New York, JPMorgan Chase. How will the seller obt
> Describe how mediation can be used in conjunction with arbitration.
> What is the nature of mediation that reduces the degree of judicial supervision?
> (a) Using an instance in which you bought or sold something in the last week describe the terms of an express contract that might arise between the supplier and the seller. (b) When would an implied-in-fact contract arise between a seller and a buyer?
> Why is taxation of private property legal?
> Discuss why it is important to have a property right in the uses of things.
> How have the federal courts discouraged class-action lawsuits? What are the key requirements for federal courts to permit class-action suits?
> A building contractor is sued by homeowners alleging that their homes were poorly constructed resulting in several defects. The contractor adds to the lawsuit a building supplier that it claims provided faulty support beams. How can the contractor add th
> (a) Define jurisprudence and name four schools of jurisprudence. (b) Describe the main difference between the jurisprudences of natural law and sociological jurisprudence.
> What standard of review do courts use to decide whether to uphold the factual determinations made by an administrative agency?
> What are the two issues that must be considered by courts to determine whether a person has standing to challenge an agency’s decision?
> (a) When was this administrative agency created? (b) What types of regulatory authorities does the SEC have at its disposal?
> Why Nations Are Economically Weak or Strong: (a) Identify several reasons put forth to explain why nations are prosperous or poor. (b) What does this section say is the foundation of the private market and prosperity?
> Caryn negotiates to buy 50 washers and 50 dryers from the “We-Clean-It Company.” These machines are going into laundromats that Caryn operates with her family. Because these machines will be heavily used, Caryn got the company to agree to a one-year warr
> (a) Explain the purpose of requiring certain types of contracts to be in writing. (b) List four types of contracts covered by the traditional statute of frauds.
> (a) A Newsweek article on business ethics concludes, “Even in today’s complex world, knowing what’s right is comparatively easy. It’s doing what’s right that’s hard.” Explain why this statement may be true in modern corporate decision making. (b) In 2010
