What is the need for a special area of law for administrative agencies? Why would not the law as it applies to businesses apply just as well to administrative agencies?
> In 2007, Mewhinney decided to sell the contents of his wine cellar. Kurtz, as president of The London Wineman, Inc., contacted Mewhinney about the sale. London Wineman was in the business of purchasing wine from individuals and reselling it through an au
> In 1998, the governor of New York, George Pataki, formulated a $185 million plan to update old Amtrak trains. The purpose of such a project was to make the old trains faster than the more current Amtrak trains. Such a reconstruction would allow for a hig
> Distinguish innocent misrepresentation from fraudulent misrepresentation.
> The Lower Yukon School District provides public education in the region that includes the village of Scammon Bay in Alaska. Askinuk Corporation is the Scammon Bay native village corporation created by the Alaska Native Claims Settlement Act. In October 2
> Explain the difference between a unilateral mistake and a mutual mistake.
> Priscilla Howard was 16 when she signed a binding arbitration agreement with her employer, Food, Folks & Fun, Inc. She later sued her former employer on grounds that she suffered sexual harassment during her employment and that she was constructively dis
> Washington State resident Patty Gandee entered into a debt adjustment contract with Freedom Enterprises. She subsequently sought to file a class action against them for violations of the state debt adjusting act and the Consumer Protection Act. The compa
> Three salesmen worked for Sentient Jet, a small luxury airline charter service. They signed a noncompete agreement, promising not to go to work for a competing employer within a year after working for Sentient and not to take any confidential information
> What is the relationship between contracts in restraint of trade and unconscionable contracts?
> Dakota Foundry was purchasing some equipment from Tromley Industries. According to the practice of the firm, the operations manager was supposed prepare a quote on Kloster stationery, and the back of the stationery contained its standard terms and condit
> What factors determine whether a covenant not to compete is legal or illegal?
> If all you know about a man is that his neighbors think he is crazy, you do not know whether a contract he entered into was valid, voidable, or void. Why not?
> Explain the obligations of a minor who chooses to disaffirm a contract.
> In 2001, Joseph Toscano, who was employed as the general manager of a Fields Pianos store in Santa Ana, was very unhappy with his job and decided to find other employment. Toscano contacted Michael Greene, the president of San Diego–based Greene Music, b
> List the three elements of accord and satisfaction.
> List and describe the three exceptions to the preexisting-duty rule.
> Can $1 be adequate consideration? Why or why not?
> What is required to prove promissory estoppel when consideration is missing?
> List the four types of consideration described in the text.
> An oral agreement was made between multiple parties to put together some money and open a bar and restaurant. The men first had to create a joint company. However, one potential owner was not able to provide his share of the funding at the time of the co
> Attorneys, journalists, media, and legal and human rights organizations brought action against the Central Intelligence Agency, challenging the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act (FISA). In particular, they obje
> What is the mailbox rule?
> What is the mirror-image rule?
> What is the difference between an offer for a unilateral contract and an offer for a bilateral contract? Why might that difference be important to understand?
> Dr. Griffith allowed his life insurance to lapse after May 15, 2007. According to US Life’s life insurance policy, he was granted a 31-day grace period after which he would be able to reinstate his insurance by paying the balance of the unpaid bill and r
> Explain why the first question a person should ask when getting ready to analyze a contract problem is, “Is this alleged contract a contract for the sale of a good?”
> Willard W. Smith had owned a salvage yard since 1980. In 1984, the county enacted a zoning ordinance requiring a permit for salvage yards. Because the operation of Smith’s yard predated the 1984 ordinance, he was not subjected to the permit requirement.
> Explain copyright infringement.
> Smith, a satirist and outspoken critic of Walmart, created websites displaying designs and slogans that negatively parodied Walmart’s registered marks. These designs and slogans incorporated the word Walocaust, a word Smith invented by combining the firs
> List and describe the main types of fraud committed in the business context.
> Identify the distinguishing features of white-collar crime.
> Central West Virginia Energy Company, a West Virginia coal sales company, along with Massy Coal Company, a Virginia corporation, fi led a lawsuit in federal district court against Mountain State Carbon and its member companies, one of which, Severstal Wh
> What are the main distinctions between the different schools of legal interpretation?
> At Boyle’s trial, the state demonstrated that Boyle and others had committed a series of bank robberies in four states during the 1990s. A core group was involved in all the robberies, but sometimes others would also assist them. The group would meet bef
> John and Tahir Ramin were indicted on charges of conspiracy to commit mail fraud and conspiracy to commit bribery, among other charges. They were alleged to have bribed Army Major Christopher West to secure a bunkers and barriers contract, which would en
> Name and explain the two elements of a crime.
> How does the First Amendment protection of corporate political speech differ from the protection of corporate commercial speech?
> How does the contract clause affect state regulation?
> What is the purpose of the contract clause?
> How can both Sue and Sam be correct when Sue claims the commerce clause increases government’s power and Sam claims the commerce clause reduces government’s power?
> The city of Toledo, Ohio, passed the Clean Indoor Air Ordinance, which, among other provisions, required smoking to be prohibited in bars and restaurants except in separate smoking lounges that met very specific criteria. The lounge could not constitute
> Greenwood, an OSHA inspector, was driving by a construction site and thought that perhaps the site was unsafe. He got out of his car and videotaped the site, causing the foreman to ask him to leave. Greenwood also took measurements at the site and ultima
> List the three categories of agencies.
> Nicastro, the plaintiff, was using a metal-shearing machine in New Jersey when he hurt his hand. The machine was produced by J. McIntyre Machinery, Ltd., which manufactured the machine in England, where the company is based. However, Nicastro brought the
> The respondent, the Public Company Accounting Oversight Board, was created as part of a series of accounting reforms in the Sarbanes-Oxley Act of 2002. The board is composed of five members appointed by the Securities and Exchange Commission (SEC). It wa
> What are the three main powers given to agencies?
> What are the limits on agency power?
> Titan Distribution, Inc., had subcontracted with a company that provided employees, but Titan later decided to hire its own employees and end the subcontracting contract. Robert Chalfant worked for the subcontracted company, and when Titan made this chan
> Six conservation organizations filed a petition in Thurston County Superior Court, asking that court to hold, pursuant to a provision in the Administrative Procedures Act (APA), that the Washington Forest Practices Board, the Washington Department of Eco
> Tyco International, a manufacturing company, sued its former CEO, Dennis Kozlowski, in regard to his receipt of unauthorized bonuses from the company profits. Among his other wrongdoings, Kozlowski awarded unauthorized special bonuses to himself and more
> Appendix 1A provides guidance for becoming a better critical thinker. A recent Forbes poll of business leaders found that the most important skill business leaders are seeking in their employees is critical thinking. As you study the appendix, why do yo
> What is enabling legislation?
> Presidential elections are partially about who will be able to select Supreme Court judges. As you look at the various alternative ways to interpret and apply the law, which of those methods of interpretation would you hope is held by your favorite candi
> The Robinsons, residents of New York, bought a new Audi car from Seaway Volkswagen Corp., a retailer that was incorporated in New York and had its principal place of business there. World-Wide Volkswagen, a company incorporated in New York and doing busi
> How do business ethics and business law interact with each other?
> What is the relationship between business behavior that is legal and business decisions that are ethical?
> What is the difference between private law and public law?
> Hewlett-Packard, a U.S.-based company, is famous for its reliable laptop computers and printers. Wilson purchased an HP Pavilion Notebook computer in the summer of 2004 for approximately $1,500. In the fall of 2006, over two years after its purchase and
> Until 2002, the City of Bethlehem contractually retained the private law firm of Portnoff Law Associates, Ltd. (PLA) to collect payment for overdue water and sewer obligations. The city notified PLA of delinquent water and sewer assessments, and PLA then
> Anthony Romeo was an openly gay student at Seton Hall, a Catholic university. He claimed that he elected to attend Seton Hall in part because of its published antidiscrimination policy. In 2003, he applied to the Seton Hall University Department of Stude
> Occupational exposure to lead entails health risks, including the risk of harm to any fetus carried by a woman subjected to such exposure. Eight employees of an employer, in whose battery manufacturing process lead was a primary ingredient, became pregna
> Cynthia Anderson worked for the city of Columbus, Georgia, answering telephone calls from citizens. Anderson knew that calls from citizens were recorded, but she was unaware that due to a glitch, the telephone system continued to record her statements th
> Exxon maintained a corporate policy that prohibited its pilots from flying corporate aircraft after they reached the age of 60 and forced such pilots to retire involuntarily at age 60. This rule mirrored a rule the Federal Aviation Administration applied
> Cheryl Hall maintains that she was fired by Nalco Company for taking time off from work to undergo in vitro fertilization after being diagnosed with infertility. She filed suit under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy
> The citizens of each state elect state court judges. The president, on the other hand, appoints federal court judges for lifetime positions. Why might this difference lead to different rulings on similar cases? Which method—election or appointment—do you
> Vania Santiero (plaintiff) was hired as a server at a Denny’s Restaurant on August 29, 2009, and she was employed there until she voluntarily left her position on December 9, 2009. Defendant Den-Forest LLP (Den-Forest) owns the store, and Assad A. Shorro
> Investors brought a class action lawsuit against managers of a corporation, claiming that the managers made misleading statements that caused them to overpay for the corporation’s stocks. An expert concluded that the fraud-on-the-market doctrine was appl
> From October 2003 to February 2004, James Siracusano purchased thousands of Matrixx Initiatives, Inc., shares. After purchasing the shares, Siracusano argued that the company had violated the Securities and Exchange Act of 1934 when it sold shares during
> 28 USC § 1658 stipulates that claims of “fraud, deceit, manipulation or contrivance” under the Securities Exchange Act of 1934 may be made “[two] years after the discovery of the facts constituting the violation,” or “[five] years after such violation,”
> Plaintiff Simmonds alleged that the defendant investment banks violated Section 16(b) of the Securities Exchange Act by engaging in short-swing transactions with 54 defendant issuing companies. Simmonds asserted that the companies “engaged in improper re
> Why are certain securities transactions exempt from the registration process?
> Explain the process of registering securities
> The Ray Griffith Company, Inc. (RGC) began in the 1950s in Columbia, Mississippi, when Ray Griffith purchased the rights to a patent to manufacture a pecan picker. In 1992, RGC was devised to Ray’s two sons, Tom and Harry Griffith. Tom was given direct o
> Peter Smejkal was a corporate officer and director of J.A. Morrissey, Inc. (JAM), a construction company. While employed at JAM, Smejkal had his own excavation business and secretly performed excavation work on JAM projects on his own behalf. On one occa
> Compare and contrast common stock and preferred stock.
> Explain the three threshold requirements a plaintiff must meet before he or she can file a lawsuit.
> Harvey Pierce was a work-release inmate from the local county jail who worked at an Arby’s franchise restaurant owned by Dennis Rasmussen, Inc. (DRI). One day in June 1999, Pierce walked off the job without permission and crossed the street to wait for h
> Margaret Miller operated an H&R Block tax- preparation franchise for 15 years. She hired William Hehlen as an income tax return preparer for five years, from 1997 to 2001. Each year, Miller and Hehlen signed an employment agreement drawn up by H&R Block.
> Chic Miller operated a General Motors (GM) franchise car dealership. His written franchise agreement with GM stipulated that Miller had to maintain a floor-plan financing agreement with a lender to enable him to buy new cars from GM. Initially, Miller ma
> 1-800-Got Junk? is a junk removal franchise business headquartered in Vancouver, British Columbia, Canada. In late 2003, Got Junk entered a franchise agreement with Millenium Asset Recovery, Inc. The agreement stated that the franchisee, Millennium, woul
> Suppose you were asked to review and assess a franchise agreement. What responsibilities would you expect to be included in that agreement?
> Explain why a cooperative could not claim to be a syndicate.
> What is the distinction between a general partnership and a limited partnership?
> Nu-Look Design, Inc., operated as a residential home improvement company. During calendar years 1996, 1997, and 1998, Ronald A. Stark not only was Nu-Look’s sole shareholder and president but also managed the company. He solicited business, performed nec
> In 2000, Loretta Henry was pregnant and experiencing pain in her abdomen. After visiting a clinic, she was referred to Flagstaff Medical Hospital. Once there, she was examined and treated by Dr. Kraig Knoll, a physician with a physician’s group providing
> Scheerer, a licensed real estate agent, and Fisher, a manager of commercial real estate, worked together on past real estate deals and knew each other from their business relationship. Scheerer gave Fisher a tip that some commercial real estate was on th
> Identify and define the alternative tools of discovery.
> Explain how the doctrine of respondeat superior affects agency relationships.
> What are the different types of authority an agent might have, and why is it important to identify the type of an agent’s authority?
> Egebjerg filed a voluntary Chapter 7 bankruptcy petition in 2006. He had been employed for 27 years, earned a gross income of $6,115.56 per month, and had unsecured consumer debt of around $31,000. About two years earlier, he took a loan from his 401(k),
> Andres Soza and his spouse transferred $30,000 into an annuity fund on October 13, 2005. The Sozas filed a Chapter 7 petition for bankruptcy the following day. The Sozas claimed the annuity was exempt from inclusion in the bankruptcy estate. The money to
> Nancy Polleys was a single mother living in Wyoming. She obtained federally guaranteed student loans totaling $51,000 to attend college. She ultimately obtained an accounting degree and worked for a short time in the field before losing her job. Polleys
> Dr. Jeffrey Hall performed a colonoscopy on Hellen Nash during which he discovered a cancerous mass. Three days later, Hall performed surgery to remove the mass. However, Hall allegedly failed to remove all of the cancerous tissue, and Nash developed com
> Gergely, an obstetrician, performed an amniocentesis on Jordan Lee-Brenner’s mother during her pregnancy. As a result of problems with the procedure, Jordan Lee-Brenner was blinded in one eye. After his birth, and through his guardian, Lee-Brenner brough
> Ford Motor Credit Corporation (FMCC) hired Traciers & Associates (Traciers) to repossess a white 2002 Ford Expedition owned by Marissa Chapa, who was in default on the associated promissory note. Traciers assigned the job to its field manager, Paul Chamb
> On April 27, 1992, Darro and Tracy Long purchased a 1980 Ford Escort for $2,795 from Auto Credit, Inc. They made a cash down payment of $300 and financed the balance of the purchase price. The terms of the financing required the Longs to pay $38.84 a wee
> Under what circumstances would Chapter 11 be used rather than Chapter 7?
> Explain the differences between trial courts and appellate courts.
> Michelle Campbell worked for Luiz Simmons as his secretary. After Campbell was hired, she formed an acquaintanceship with Simmons’s outside bookkeeper, Denise Evans. Campbell began to forge Simmons’s name to checks drawn on several of her employer’s acco
> In this strange case, Albertson has already been convicted of passing checks that were ultimately dishonored because of insufficient funds in Albertson’s checking account. Both Albertson and a witness claim that the person to whom the checks were issued
