Question: The complexity of the financial and banking

> 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?

> Should the law dictate that a person must provide for a spouse and children either by a will or by state law of intestacy? Why or why not?

> 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?

> 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

> Match each of the numbered definitions with the correct term in the following list. a. malpractice b. professional c. term insurance d. Good Samaritan e. whole life insurance 1. A form of pure life insurance with no savings feature. 2. A professional’s

> Match each of the numbered definitions with the correct term in the following list. a. product flaw b. design defect c. strict liability d. Master Settlement Agreement e. product liability f. failure to warn 1. A fault in a product that creates a hazard

> Match each of the numbered definitions with the correct term in the following list. a. Civil Rights Act of 1964 b. EEOC c. Equal Pay Act of 1963 d. Family Medical Leave Act of 1993 e. OSHA 1. A federal agency that promotes safety and health in the workp

> Match each of the numbered definitions with the correct term in the following list. a. 1099 b. employment at will c. employment contract d. employee handbook e. independent contractor f. respondeat superior g. W-2 1. An agreement that specifies that the

> Match each of the numbered definitions with the correct term in the following list. a. mediation b. primary market c. nexus d. secondary market e. arbitration 1. The place where a corporation sells its securities to the public. 2. The place where one me

> Match each of the numbered definitions with the correct term in the following list. a. social media b. cyberstalking c. improper affiliation d. Equal Credit Opportunity Act e. username squatting f. concerted action g. impersonation h. intellectual proper

> Dahl, the owner of a machine shop, agreed to manufacture 22 valves for $460 each for Capobianco. When six valves were finished and shipped, Capobianco advised Dahl of his intention to cancel the contract. Dahl went on to build the remaining valves accord

> Match each of the numbered definitions with the correct term in the following list. a. defamation b. worm c. hacker d. cookie e. spam 1. A file that is embedded on the hard drive of a computer, often without a person’s knowledge, that collects and store

> Match each of the numbered definitions with the correct term in the following list. a. goodwill b. trade name c. trade secret d. brand name e. trademark 1. Specialized knowledge associated with a particular business. 2. The name and good reputation of a

> Match each of the numbered definitions with the correct term in the following list. a. beneficiary b. bequest c. codicil d. decedent e. devise f. executor g. holographic will h. inter vivos i. intestate j. personal representative k. residuary l. settlor

> Match each of the numbered definitions with the correct term in the following list. a. bailee b. bailment c. bailor d. carrier’s lien e. common carrier f. consignee g. consignor h. constructive bailment i. lien j. transient 1. A relationship concerned w

> Match each of the numbered definitions with the correct term in the following list. a. arson b. bribery c. burglary d. extortion e. felony f. forgery g. misdemeanor h. perjury i. Ponzi scheme j. white-collar crime 1. A classification of serious crimes s

> Match each of the numbered definitions with the correct term in the following list. a. bad check b. draft or bill of exchange c. cashier’s check d. certified check e. check f. drawee g. drawer h. holder i. maker j. negotiability k. payee l. postdated che

> Match each of the numbered definitions with the correct term in the following list. a. assets b. bankruptcy c. creditor d. debtor e. default f. insolvency g. involuntary filing h. liabilities i. liquidation j. means test k. priority debt l. reorganizatio

> Match each of the numbered definitions with the correct term in the following list. a. articles of incorporation b. corporation c. duty of care d. duty of loyalty e. partnership f. joint venture g. limited liability company h. limited partnership i. sole

> Match each of the numbered definitions with the correct term in the following list. a. disclaimer b. express warranty c. full warranty d. implied warranty e. limited warranty f. product liability g. custom of the marketplace h. warranty of fitness for a

> Match each of the numbered definitions with the correct term in the following list. a. conditional sales contract b. contract for labor and materials c. contract to sell d. insolvency e. reserve amount f. sale on approval g. sale or return h. title i. st

> Laclede Gas Company purchased propane gas from Amoco Oil Company and sold it to various residential subdivisions. After the contract had been in operation for some time, Amoco refused to supply any more gas. Laclede was unable to find another supplier wi

> Match each of the numbered definitions with the correct term in the following list. a. anticipatory breach b. impossibility of performance c. material alteration d. mitigation e. promissory note f. specific performance g. restraining order or injunction

> Match each of the numbered definitions with the correct term in the following list. a. assignee b. assignment c. assignor d. bankrupt e. delegation f. guarantor g. incidental beneficiary h. novation i. personal-service contract j. third-party beneficiary

> Match each of the numbered definitions with the correct term in the following list. a. administrator b. antenuptial or prenuptial agreement c. auctioneer d. executor e. guaranty f. memorandum g. parol evidence rule h. personal property i. real property j

> Match each of the numbered definitions with the correct term in the following list. a. champerty b. exculpatory clause c. franchisor d. gambling agreement e. government-granted-franchise f. interest g. monopoly power h. restraint of trade i. unlicensed t

> Match each of the numbered definitions with the correct term in the following list. a. abandonment b. age of majority c. contractual capacity d. competent party e. disaffirmance f. emancipation g. incompetence h. minor i. necessaries j. ratification 1.