Question: Should the law dictate that a person

> Is it ethical for an attorney in fact to make health care decisions for a principal based on the attorney in fact’s own personal beliefs and values, regardless of the principal’s views?

> Should the current state regulation of health insurance companies be changed to a federal licensing system to allow health insurance companies to operate across state lines?

> Is it fair that some employees receive health insurance benefits covering their families, while other employees, who do not have families, do not receive this benefit?

> What are some ways in which employers can keep the costs of providing medical insurance for employees down without eliminating this benefit?

> Given that the requirements for drafting and executing valid advance directives vary so greatly from state to state, should these be regulated by the federal government in order to promote consistency?

> Most people agree that protection of the environment is an ethical issue. Society is frequently confronted with the conflict between achieving environmental goals and the economic impact on corporations, consumers, and taxpayers. How should this dilemma

> Some substances offer both benefits and hazards. How should responsible individuals, corporations, scientists, and regulators weigh the gains and risks of these products?

> Napster Inc. provided a free service for visitors to its website that allowed users to share music digitally. Napster did not receive permission from the owners of the music. Several large recording studios that owned much of the music that was being sha

> What are some of the specific rules imposed by the Clean Air Act and Clean Water Act? Should these be more stringent?

> Discuss the EPA guidelines for preparing an environmental impact statement before a project can be approved. Are they adequate?

> Should the FCPA impose U.S. ethical standards on the activities of U.S. businesses in international trade, even though this law may put these businesses at a competitive disadvantage with their foreign counterparts?

> The purchase of life insurance often involves the client choosing between whole life insurance, which includes a savings feature, and term insurance, which provides only protection. The sales commission also varies depending on the type of policy. Is it

> Where should the line be drawn between a reasonable number of securities transactions and churning?

> Because most professionals carry liability insurance, what is the role of the insurance industry in promoting the competence of professionals?

> Does having malpractice insurance lessen the care taken by professionals?

> Does the licensing of professionals guard against negligence? Advance arguments for and against.

> Is it ethical for a pharmaceutical company to charge high prices for prescription drugs when these drugs are needed by persons who cannot afford them and whose lives depend upon them?

> Because tobacco is known to cause health problems, should it be illegal to use?

> An employee posted on her personal Facebook page that her manager “does not feel that we help customers enough—I’ve had it. My fellow coworkers—How do U feel?” Other coworkers responded on Facebook, indicating that they were also frustrated by the lack o

> Should the federal and state governments allow consumers to purchase drugs from Canada and other countries on the Internet?

> Why would a company that is subject to strict liability be hesitant to introduce new or innovative products?

> Where should the responsibility lie for product safety: manufacturers, retailers, users, or government regulators?

> Is it obvious to the reasonable consumer that disposable containers containing coffee and other beverages are hot? Should retailers be required to warn customers to exercise care in handling these containers?

> If a union and a company have agreed to a collective bargaining agreement, is it ethical for employees who disagree with its terms to engage in a slowdown?

> How can the NLRB determine whether an employer is bargaining in good faith?

> Should it be illegal for a supervisor to ask his or her subordinate for a date?

> Should persons with relatively minor disabilities, such as being required to wear corrective lenses, be considered disabled under the ADA?

> Should OSHA require that all safety violations be corrected, even if the cost of correcting a violation is extremely high?

> When providing a reference for a former employee, is it ethical to withhold truthful negative information for fear of being sued?

> Six freelance writers sold articles for publication in print to a variety of popular newspapers and magazines, including The New York Times, Newsday, and Sports Illustrated. Nexis allowed computer users to retrieve the online version of these articles, w

> Should promises made in an employee handbook legally bind an employer?

> Why and how are contracts of adhesion especially problematic for offers made on the web?

> Currently there is a $1 million limit on the amount a company may raise in 12 months through crowd funding. Should investors have more opportunities to purchase securities over the internet through crowd funding?

> Are there instances when an employer should not make an employment decision based on an employee’s social media use?

> Should companies monitor, restrict, or ban unaffiliated group pages that purport to boost a company’s products?

> Should social media be used by companies to disclose information to investors?

> Why would a creditor want information about a potential borrower’s social media use?

> Do you believe that it is fair to hold public figures to a different standard of privacy and defamation than private individuals?

> What are some advantages and disadvantages of legally restricting spam in cyberspace?

> What justification might there be for an employer to be legally entitled to view an employee’s e-mail without the employee’s permission?

> Harry and Marilyn Owen were divorced after a short marriage and entered into an agreement to divide assets. In addition to the division of personal property as agreed to and as recorded by the court, Marilyn claimed ownership of a Chevrolet automobile an

> How does the presence of cookies on the hard drive of a user’s computer harm an individual’s right to privacy?

> Where should the line be drawn between the responsibility of the government to thwart terrorism and the rights of Americans to be free from governmental intrusions into their privacy?

> What is the justification for allowing a trademark owned by a company to become generic?

> Should an individual who is offered an employment position sign an employment contract that contains a restrictive covenant?

> What are the alternatives available to a testator who is considering the creation of a testamentary trust?

> Should states allow electronically prepared and signed wills? What would you suggest to authenticate the signature?

> Why should a holographic will be legally valid while a transcript of a voice or video recorded will is invalid?

> If a person dies intestate, is there any way his or her heirs could prove what his or her testamentary intent would have been?

> Are tenants justified in withholding rent on the grounds that another tenant’s behavior has interfered with their right to quiet enjoyment?

> McCutchon wrote a check payable to “cash” while he was in a supermarket. Before he got to the cashier, he realized that he had lost the check. Is this a bearer instrument, payable to any holder? Principle of Law: Decision:

> Define nuisance and the types of nuisance charges.

> Under what circumstances should a landlord be held liable for injuries suffered by a tenant who is a victim of a crime in his or her premises?

> What recourse does a tenant have when the landlord fails to provide reasonable habitability?

> Most residential leases prohibit the premises being used for business purposes. Would activities such as writing, dressmaking, or accounting be sufficient reason for eviction?

> A renter of a power tool, ignoring safety warnings, injures himself while using it. The renter later denies that he had seen or read the warnings. The company renting the tool denies any knowledge of the defects in the power tool despite being aware of t

> Should a common carrier be required to accept all goods for shipment that it is authorized to transport? Could there be grounds for refusing some shipments?

> A guest’s laptop computer is stolen from her hotel room. Should the hotel bear some responsibility for the loss?

> The law of bailments requires that the bailee extend either slight care, reasonable care, or extraordinary care—depending on the circumstances. Why does the law allow such variations?

> A car left in a parking garage is damaged and the attendant disclaims responsibility. While, in theory, the owner of the car (the bailor) would seem to have the law on his or her side, how can he or she prove the claim? In practice, will the owner be abl

> Various forms of multiple ownership of real property—such as joint tenancy, tenancy by the entirety, tenancy in common, and so on—have evolved from our English legal roots. Are these designations relevant today?

> Can a gift given causa mortis be assumed to be as freely given as a gift given inter vivos? Why or why not?

> After Balkus died intestate, included among Balkus’s possessions were bank deposit slips for a savings account owned by him. On each deposit slip was a handwritten notation, “Payable to Ann Balkus Vesley [Balkus’s sister] on P.O.D. the full amount and ot

> The transfer of real property is much more complex than the transfer of personal property. What could be done to simplify real property transactions?

> Is it ethical for direct mail marketers to include a document that resembles a check made payable to the addressee, when closer examination reveals certain conditions such as “good only toward the purchase of . . .”?

> How do significant changes made in an instrument affect the rights of the parties to it?

> Should an endorsement written in pencil be legally acceptable? Why or why not?

> The innocent endorser of a forged instrument who negotiates commercial paper is liable. Is this fair?

> The practice of floating provides an opportunity to “borrow” interest-free by cashing a check for which there are inadequate funds on deposit. If the check writer makes a deposit to cover the check in time to avoid a “bounced check” charge, is this pract

> Should the practice of writing postdated checks be illegal?

> Issuers of traveler’s checks encourage buyers to retain unused checks as a form of “emergency fund.” Who benefits from this practice and why?

> The complexity of the financial and banking system is a bit staggering. What might be done to simplify the system for consumers?

> Is it ethical for an individual to purchase numerous items on credit when he or she knows that bankruptcy is available as an option in the event of a default?

> A mere eight days after it was formally incorporated as a business, Schaefer Salt Recovery Inc. (SSR) filed a petition under Chapter 11 of the bankruptcy code. SSR’s only assets were mortgages on three properties on which foreclosure actions brought by S

> Should municipalities that are mismanaged be allowed to file for bankruptcy?

> Why are certain debts considered to be priority debts under Chapter 13 of the federal bankruptcy law?

> Why does the law require a debtor to receive individual or group credit counseling prior to be allowed to file for bankruptcy?

> Is it ethical for a broker or a financial adviser to earn commissions from investments of corporations of which the broker or financial adviser is also a director?

> Corporations have been granted freedom of speech, freedom from unreasonable searches and seizure, and due process of law. Does it make sense that a legal (as opposed to natural) person has these rights?

> How can a sole proprietor attract employees who are trustworthy?

> Persons who face unlimited liability (such as sole proprietors and partners) are allowed to purchase insurance to protect themselves from creditors and others. Should the law allow insurance to be used for this purpose?

> Is it fair that in a limited partnership, the limited partner enjoys limited liability while the general partner faces unlimited liability?

> In some states, an agent’s contracts may be voided if he or she is acting for a principal who is a minor. Is this fair to a third party with whom the contract is signed?

> Does it place an unnecessary burden on a third party to determine whether he or she is dealing with an employee who has the authority of an agent?

> Franklyn, a clerical employee of Woodbury Manufacturing Company, told Buron that he was an agent of the company and made a contract on behalf of Woodbury. Later Woodbury repudiated the contract and claimed that Franklyn had no authority to enter into a c

> Does it seem likely that a third party would be suspicious if an agent disclosed the existence but not the identity of his or her principal?

> A principal is liable for the torts and crimes committed by an agent if he or she is performing authorized duties. To what extent should the agent also be liable?

> It is often difficult for a third party to distinguish between an agent and an employee. Are there times when it is important to distinguish between the two? Should there be a clear identification system established?

> Can it be ethically justified for a manufacturer to sell a product with a warranty less than the law requires?

> How would the law distinguish between oral statements of warranty and puffing?

> Match each of the numbered definitions with the correct term in the following list. a. barren promise b. consideration c. forbearance d. gratuitous promise e. general release f. moral consideration g. past consideration h. pledge or subscription i. preex

> Match each of the numbered definitions with the correct term in the following list. a. contract of adhesion b. duress c. fraud d. intentional concealment e. misrepresentation f. mistake g. mutual agreement h. puffing i. unconscionable contract j. undue i

> Match each of the numbered definitions with the correct term in the following list. a. acceptance b. counteroffer c. invitation to trade d. lapse of time e. mailbox rule f. offeree g. offeror h. public offer i. request for a proposal j. revocation 1. A

> Match each of the numbered definitions with the correct term in the following list. a. competent party b. consideration c. divisible contract d. entire, or indivisible, contract e. executed contract f. executory contract g. express contract h. formal con

> Match each of the numbered definitions with the correct term in the following list. a. administrative agency b. executive branch c. administrative hearing d. judicial branch e. legislative branch 1. A branch of government headed by the president, a gove

> Ferguson contracted to buy a quantity of knitting yarn. After receipt he cut it and knitted it into sweaters. At this point, he discovered color variations from one piece to another. Ferguson refused to pay the agreed price, claiming that the yarn had be

> Match each of the numbered definitions with the correct term in the following list. a. commerce clause b. doctrine of preemption c. Eighth Amendment d. express powers e. Fifth Amendment f. First Amendment g. Fourth Amendment h. full faith and credit clau

> Match each of the numbered definitions with the correct term in the following list. a. advance directive b. COBRA c. disability insurance d. durable power of attorney for health care e. HIPAA f. living will g. major medical h. Medicaid i. Medicare j. sin

> Match each of the numbered definitions with the correct term in the following list. a. National Environmental Policy Act b. environmental impact statement c. Environmental Protection Agency d. Clean Air Act e. Clean Water Act f. Superfund g. public and p

> Match each of the numbered definitions with the correct term in the following list. a. conversion b. contributory negligence c. defamation d. liability e. libel f. negligence g. nuisance h. slander i. tort j. vicarious liability 1. A broad category of v