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Question: What law protects consumers against contaminated


What law protects consumers against contaminated and misbranded foods and drugs?


> Residents of the city of Madison, Wisconsin, became concerned about overconsumption of liquor near the campus of the University of Wisconsin (UW). The city initiated a new policy, imposing conditions on area bars to discourage reduced-price “specials” th

> Go to Appendix G at the end of this text and examine the excerpt of Case No. 6, Leegin Creative Leather Products, Inc. v. PSKS, Inc. Review and then brief the case, making sure that your brief answers the following questions. 1. Issue: The dispute in t

> Write two paragraphs explaining some ways in which antitrust laws might place too great of a burden on commerce in the global marketplace.

> Vickie Lynn Smith, an actress and model also known as Anna Nicole Smith, met J. Howard Marshall II in 1991. During their courtship, J. Howard lavished gifts and large sums of money on Anna Nicole, and they married on June 27, 1994. J. Howard died on Augu

> Andrew Walker executed a will giving a certain parcel of real estate in fee simple to his three children from a previous marriage, Mark Walker, Michelle Peters, and Andrea Knox, with a “life use” in the property granted to his current spouse, Nora Walker

> Dayton Superior Corp. sells its products in interstate commerce to several companies, including Spa Steel Products, Inc. The purchasers often compete directly with each other for customers. From 2005 to 2007, one of Spa Steel’s customers purchased Dayton

> Sherman Hemsley was a wellknown actor from the 1970s. Most notably, he played George Jefferson on the television shows All in the Family and The Jeffersons. He was born to Arsena Chisolm and William Thornton. Thornton was married to another woman, and He

> Darling’s Rent-a-Car carried property insurance on its cars under a policy issued by Philadelphia Indemnity Insurance Co. The policy listed Darling’s as the “insured.” Darling’s rented a car to Joshuah Farrington. In the rental contract, Farrington agree

> Susie Walker executed a will that left her entire estate to her grandson. When her grandson died, Susie executed a new will that named her great-grandson as her sole beneficiary and specifically disinherited her son, Tommy. At the time, Tommy’s ex-wife w

> Marion Peterson executed a will that contained a bequest to Vasta Lucas in the form of a trust. On Lucas’s death, the trustee was to distribute the assets to four beneficiaries, including Peterson’s brother and sister, Arvin and Carolyn. Later, without w

> A Florida statute provides that the right of election of a surviving spouse can be waived by written agreement: “A waiver of ‘all rights,’ or equivalent language, in the property or estate of a present or prospective spouse . . . is a waiver of all righ

> Benjamin is a widower who has two married children, Edward and Patricia. Patricia has two children, Perry and Paul. Edward has no children. Benjamin makes a will leaving all his property equally to Edward and Patricia. The will provides that should a chi

> On October 10, Joleen Vora applied for a $50,000 life insurance policy with Magnum Life Insurance Co. She named her husband, Jay, as the beneficiary. Joleen paid the insurance company the first year’s premium on making the application. Two days later, be

> Alana Mansell built a garage on her property that encroached on the property of her neighbor, Betty Hunter, by fourteen feet. Hunter knew of the encroachment and informally agreed to it, but she did not transfer ownership of the property to Mansell. A su

> Bhanmattie Kumar was walking on a sidewalk in Flushing, New York, when she tripped over a chipped portion of the sidewalk and fell. The defective sidewalk was in front of a Pretty Girl store—one of a chain of apparel stores headquartered in Brooklyn—on p

> Flawlace, LLC, leased unfinished commercial real estate in Las Vegas, Nevada, from Francis Lin to operate a beauty salon. The lease required Flawlace to obtain a “certificate of occupancy” from the city to commence business. This required the installatio

> Together, EMI, Sony BMG Music Entertainment, Universal Music Group Recordings, Inc., and Warner Music Group Corp. produced, licensed, and distributed 80 percent of the digital music sold in the United States. The companies formed MusicNet to sell music t

> The McKeag family operated a marina on their lakefront property in Bolton, New York. For more than forty years, the McKeags used a section of property belonging to their neighbors, the Finleys, as a beach for the marina’s customers. The McKeags also stor

> Gi Hwa Park entered into a lease with Landmark HHH, LLC, for retail space in the Plaza at Landmark, a shopping center in Virginia. The lease provided that the landlord would keep the roof “in good repair” and that the tenant would obtain insurance on her

> Sarah has rented a house from Frank. The house is only two years old, but the roof leaks every time it rains. The water that has accumulated in the attic has caused stucco to fall off ceilings in the upstairs bedrooms, and one ceiling has started to sag.

> Wiley and Gemma are neighbors. Wiley’s lot is extremely large, and his present and future use of it will not involve the entire area. Gemma wants to build a single-car garage and driveway along the present lot boundary. Because the placement of her exist

> Twenty-two years ago, Lorenz was a wanderer. At that time, he decided to settle down on an unoccupied, three-acre parcel of land that he did not own. People in the area told him that they had no idea who owned the property. Lorenz built a house on the la

> Marcella Lashmett was engaged in farming in Illinois. She had two daughters, Christine Montgomery and Cheryl Thomas. Christine was also a farmer. She often borrowed Marcella’s farm equipment. More than once, Christine used the equipment as a trade-in on

> Sara Simon misplaced her Galaxy cell phone in Manhattan, Kansas. Days later, Shawn Vargo contacted her, claiming to have bought the phone from someone else. He promised to mail it to Simon if she would wire $100 to him through a third party, Mark Lawrenc

> Jennifer Koerner adopted a dog—called the Stig—from the Anti-Cruelty Society in Chicago, Illinois, for $95. Koerner wrote a poem and presented it to Kent Nielsen, her live-in boyfriend. In the poem, she expressed her intent to give the Stig to him as a g

> Bob Moreland left his plane at Don Gray’s aircraft repair shop to be painted. When Moreland picked up the airplane, he was disappointed in the quality of the work and pointed out numerous defects. Moreland refused to pay Gray and flew the plane to anothe

> John Wasniewski opened a brokerage account with Quick and Reilly, Inc., in his son James’s name. Twelve years later, when the balance was $52,085, the account was closed, and the funds were transferred to a joint account in the names of John and James’s

> When Deer Valley Resort Co. (DVRC) was developing its ski resort in the Wasatch Mountains near Park City, Utah, it sold parcels of land in the resort village to third parties. Each sales contract reserved the right of approval over the conduct of certain

> Orlando borrows a rototiller from his neighbor, Max. Max has not used the rototiller for two years. Orlando has never owned a rototiller and is not familiar with using one. Max previously used this rototiller often, and if he had made a reasonable inspec

> Curtis is an executive on a business trip to the West Coast. He has driven his car on this trip and checks into the Hotel Ritz. The hotel has a guarded underground parking lot. Curtis gives his car keys to the parking lot attendant but fails to notify th

> Jaspal has a severe heart attack and is taken to the hospital. He is aware that he is not expected to live. Because he is a bachelor with no close relatives nearby, Jaspal gives his car keys to his close friend Friedrich, telling Friedrich that he is exp

> Discuss the standard of care traditionally required of the bailee for the bailed property in each of the following situations, and determine whether the bailee breached that duty. 1. Ricardo borrows Steve’s lawn mower because his own lawn mower needs re

> Portland Shellfish Co. processes live shellfish in Maine. As one of the firm’s two owners, Frank Wetmore held 300 voting and 150 nonvoting shares of the stock. Donna Holden held the other 300 voting shares. Donna’s husband, Jeff, managed the company’s da

> Luis and Maria Rojas contracted to buy a house in Westchester County, New York, from Andrew and Karen Paine. The house was on property designated as “Lot No. 8” on a subdivision map filed in the county clerk’s office. The Paines had acquired the property

> In 2006, twenty- seven parties became limited partners in two hedge funds that had invested with Bernard Madoff and his investment firm. The partners’ investment adviser gave them various investment information, including a memorandum indicating that an

> Jeffery Guerrero hired James McDonald, a certified public accountant, to represent him and his business in an appeal to the Internal Revenue Service. The appeal concerned audits that showed Guerrero owed more taxes. When the appeal failed, McDonald assis

> Soon after Teresa DeYoung’s husband died, her mother-in-law also died, leaving an inheritance of more than $400,000 for DeYoung’s children. DeYoung hired John Ruggerio, an attorney, to ensure that her children would receive it. Ruggerio advised her to in

> A West Virginia bank ran its asset value from $100 million to $1 billion over seven years by aggressively marketing subprime loans. The Office of the Comptroller of the Currency, a federal regulator, audited the bank and discovered that the books had bee

> John Sheridan owned a Marathon gas station franchise. He sued Marathon Petroleum Co. under Section 1 of the Sherman Act and Section 3 of the Clayton Act, charging it with illegally tying the processing of credit-card sales to the gas station. As a condit

> The accounting firm of Goldman, Walters, Johnson & Co. prepared financial statements for Lucy’s Fashions, Inc. After reviewing the financial statements, Happydays State Bank agreed to loan Lucy’s Fashions $35,000 for expansion. When Lucy’s Fashions decla

> Larkin, Inc., retains Howard Perkins to manage its books and prepare its financial statements. Perkins, a certified public accountant, lives in Indiana and practices there. After twenty years, Perkins has become a bit bored with generally accepted accoun

> ICG Hazard, LLC, operates the Thunder Ridge surface coal mine in Leslie County, Kentucky, under a National Pollutant Discharge Elimination System permit issued by the Kentucky Division of Water (KDOW). As part of the operation, ICG discharges selenium in

> Innovative Marketing, Inc. (IMI), sold “scareware”—computer security software. IMI’s Internet ads redirected consumers to sites where they were told that a scan of their computers had detected dangerous files—viruses, spyware, and “illegal” pornography.

> The U.S. Forest Service (USFS) proposed a travel management plan (TMP) for the Beartooth Ranger District in the Pryor and Absaroka Mountains in the Custer National Forest of southern Montana. The TMP would convert unauthorized user-created routes within

> A by-product of phosphate fertilizer production is pyrite waste, which contains arsenic and lead. From 1884 to 1906, seven phosphate fertilizer plants operated on a forty- three-acre site in Charleston, South Carolina. Planters Fertilizer & Phosphate Co.

> What are three main goals of the Clean Water Act?

> What agencies of the federal government enforce the federal antitrust laws?

> Under what common law theories may professionals be liable to clients?

> What is the main type of activity prohibited by Section 2 of the Sherman Act?

> What is a monopoly? What is market power? How do these concepts relate to each other?

> What is the difference between a per stirpes distribution and a per capita distribution of an estate to the grandchildren of the deceased?

> What are the basic requirements for executing a will?

> Bank of America hired Atlantic Resource Management, LLC, to collect a debt from Michael Engler. Atlantic called Engler’s employer and asked his supervisor about the company’s policy concerning the execution of warrants. The caller then told the superviso

> How do courts interpret ambiguities in an insurance policy?

> What are the requirements for acquiring property by adverse possession?

> What are the three elements of a bailment?

> What are the necessary elements for an effective gift?

> Bernie sells his house to Consuela under a warranty deed. Later, Delmira appears, holding a better title to the house than Consuela has. Delmira wants Consuela off the property. What can Consuela do?

> Dave, an accountant, prepares a financial statement for Excel Company, a client, knowing that Excel will use the statement to obtain a loan from First National Bank. Dave makes negligent omissions in the statement that result in a loss to the bank. Can t

> FACTS Bridge Tower Dental, P.A., contracted with Meridian Computer Center, Inc., to develop a computer system for its dental practice. Bridge Tower then paid a computer consultant, Al Colson, to install the system and provide maintenance and support. In

> In early 2016, Bennett, Inc., offered a substantial number of new common shares to the public. Harvey Helms had a long-standing interest in Bennett because his grandfather had once been president of the company. On receiving Bennett’s prospectus, Helms w

> Why might an online executor need a copy of the deceased’s death certificate?

> How might a couple who enjoy purchasing virtual and digital goods together avoid property division issues in the event of a divorce?

> A McDonald’s Happy Meal® consists of an entrée, a small order of French fries, a small drink, and a toy. In the early 1990s, McDonald’s Corp. began to aim its Happy Meal marketing at children aged one to three. In 1995, McDonald’s began making nutritiona

> In June 2015, Bernard Ramish set up a $48,000 trust fund through West Plains Credit Union to provide tuition for his nephew, Nathan Covacek, to attend Tri-State Polytechnic Institute. The trust was established under Ramish’s control and went into effect

> Vern Shoepke bought a two-story home in Roche, Maine. The warranty deed did not specify what covenants would be included in the conveyance. The property was adjacent to a public park that included a popular Frisbee golf course. (Frisbee golf is a sport s

> Vanessa Denai owned forty acres of land in rural Louisiana. On the property were a 1,600-square-foot house and a metal barn. Denai met Lance Finney, who had been seeking a small plot of rural property to rent. After several meetings, Denai invited Finney

> Superior Wholesale Corporation planned to purchase Regal Furniture, Inc., and wished to determine Regal’s net worth. Superior hired Lynette Shuebke, of the accounting firm Shuebke Delgado, to review an audit that had been prepared by Norman Chase, the ac

> Residents of Lake Caliopa, Minnesota, began noticing an unusually high number of lung ailments among the local population. Several concerned citizens pooled their resources and commissioned a study to compare the frequency of these health conditions in L

> The Internet Corporation for Assigned Names and Numbers (ICANN) is a nonprofit entity that organizes Internet domain names. It is governed by a board of directors elected by various groups with commercial interests in the Internet. One of ICANN’s functio

> What are the four essential elements of a trust?

> What is an insurable interest? When must an insurable interest exist?

> What are the duties of the landlord and the tenant with respect to the use and maintenance of leased property?

> What is an easement? What are three ways in which an easement can be created?

> Maria Ochoa receives two new credit cards on May 1. She has solicited one of them from Midtown Department Store, and the other arrives unsolicited from High-Flying Airlines. During the month of May, Ochoa makes numerous credit-card purchases from Midtown

> What is the difference between a joint tenancy and a tenancy in common?

> What is a fixture, and how does it relate to real property rights?

> What standard of care applies to common carriers?

> What are the basic duties of a bailee?

> What is real property? What is personal property?

> What crimes might an accountant commit under the Internal Revenue Code?

> How might an accountant violate federal securities laws?

> What are the rules concerning an auditor’s liability to third parties?

> What is contained in an environmental impact statement, and who must file one?

> What are the four major provisions of the Clayton Act, and what types of activities do these provisions prohibit?

> Fruitade, Inc., is a processor of a soft drink called Freshen Up. Fruitade uses returnable bottles, which it cleans with a special acid to allow for further beverage processing. The acid is diluted with water and then allowed to pass into a navigable str

> An agreement that is blatantly and substantially anticompetitive is deemed a per se violation of Section 1 of the Sherman Act. Under what rule is an agreement analyzed if it appears to be anticompetitive but is not a per se violation? In making this anal

> Wiring used by the Appliance Division of Kaufman Manufacturing is currently purchased from outside suppliers at a cost of $25 per unit. However, the same materials are available from the Electronic Division. The Electronic Division has unused capacity an

> Based on the data in Exercise 14-10, assume that management has established a 10% minimum acceptable rate of return for invested assets. a. Determine the residual income for each division. b. Which division has the most residual income? Data from Exerci

> A summary of the time tickets for January is as follows: a. Determine the amounts of factory labor costs transferred to Work in Process and Factory Overhead for January. b. Illustrate the effect on the accounts and financial statements of the factory l

> The operating income and the amount of invested assets in each division of Otte Industries are as follows: a. Compute the return on investment for each division. b. Which division is the most profitable per dollar invested? Operating Income Investe

> The production supervisor of the Machining Department for Lei Company agreed to the following monthly static budget for the upcoming year: The actual amount spent and the actual units produced in the first three months in the Machining Department were

> Fuller Enterprises uses flexible budgets that are based on the following data: Prepare a flexible selling and administrative expenses budget for July for sales volumes of $600,000, $800,000, and $1,000,000. (Use Exhibit 5

> Model 99 Hotels is considering the construction of a new hotel for $80 million. The expected life of the hotel is 20 years with no residual value. The hotel is expected to earn revenues of $15 million per year. Total expenses, including straight-line dep

> On Time Delivery Inc. is considering the purchase of an additional delivery truck for $85,000 on January 1, 20Y4. The truck is expected to have a five-year life with an expected residual value of $8,000 at the end of five years. The expected additional rev

> The following data are accumulated by Wocester Hat Company in evaluating the purchase of $250,000 of equipment, having a four-year useful life with no residual value. a. Assuming that the desired rate of return is 10%, determine the net present value f

> Bliss Beauty Products is considering an investment in one of two new product lines. The investment required for either product line is $2,800,000. The net cash flows associated with each product are shown below. a. Recommend a product of

> Wyoming Woodworks is evaluating two capital investment proposals for a retail outlet store, each requiring an investment of $1,000,000 and each with a five-year life and expected total net cash flows of $1,250,000. Location 1 is expected to provide equal a

> Daffodil Inc. is planning to invest in manufacturing equipment to make a new garden tool. The new garden tool is expected to generate additional annual sales of 120,000 units at $9 each. The new manufacturing equipment will cost $320,000, have a 10-year

> Arrowhead Inc. is considering an investment in new equipment that will be used to manufacture a mobile communications product. The product is expected to generate additional annual sales of 24,000 units at $400 per unit. The equipment has a cost of $27,0

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