When may a person whose forged signature appears on a negotiable instrument be liable under that instrument?
> How is it possible for jurors and judges to overcome their own prejudices in deciding cases in which gender or another protected trait plays a key role?
> What does the Americans with Disabilities Act require?
> What does the Age Discrimination in Employment Act prohibit?
> What factors indicate that a third party beneficiary to a contract is an intended beneficiary rather than an incidental beneficiary?
> What is sexual harassment and under what circumstances might an employer be liable?
> What are some defenses available in employment discrimination cases?
> What is disparate-impact discrimination and how is it proved?
> What is disparate-treatment discrimination and how is it proved?
> What does the Equal Employment Opportunity Commission do?
> Equal employment opportunity is not a universal policy, and some countries restrict the role of women in employment. Should a U.S. firm doing business is those countries respect this position?
> In the context of employment, what does Title VII of the Civil Rights Act of 1964 prohibit?
> What were the purposes behind the adoption of the National Labor Relations Act?
> Is penalizing employers the best approach to take in attempting to curb illegal immigration?
> Why should immigration be restricted?
> When does a third party have contractual rights?
> Why should immigration be permitted?
> Discuss exceptions to the employment-at-will doctrine.
> What protection do employees have from the financial impact of retirement, disability, death, hospitalization, and unemployment?
> What state and federal statutes protect employees from the risks and effects of employment-related injury, death, or disease, and what is that protection?
> Do federal labor laws cover all workers?
> What are some of the common law exceptions to the employment-at-will doctrine?
> What are some important provisions of the Fair Labor Standards Act?
> What is the ethical basis for imposing vicarious liability on a principal for an agent’s tort?
> If an apparent agent does not in fact have the authority to act on the principal’s behalf, does the principal have an ethical responsibility to inform an unaware third party?
> Are undisclosed principals and their agents liable under contracts made by the agents with third parties?
> What duties cannot be delegated?
> What happens if a principal does not ratify an agent’s unauthorized act?
> What effect do a principal’s representations giving apparent authority to an agent have on the principal’s liability?
> How is an agency relationship created?
> What are some other advantages of being an independent contractor? What might be some disadvantages?
> What are some of the factors that can determine whether an individual is considered an employee or an independent contractor?
> Should it be left to the courts to decide who is, and who is not, an independent contactor?
> Why is agency law essential to the existence and operation of a corporation?
> Are there legal safeguards for the privacy of a user of e-money against the issuer?
> What types of financial institutions are covered by the EFTA?
> 1. How might Check 21 affect the potential for banking fraud? 2. Are there circumstances in which a copy of an original canceled paper check could be demanded?
> What is an anti-assignment clause?
> What role does the Federal Reserve System play in clearing checks?
> Who is liable when a customer’s bank pays an altered check?
> Who has the right to order that payment on a check be stopped?
> When does a check become stale under the UCC?
> What is an overdraft?
> 1. Should only banks and regulated financial institutions be allowed to issue ATM cards? 2. How might the government regulate digital funds to reduce the potential for cyberlaundering?
> What is a check?
> What are the ways in which an instrument may be discharged?
> What is a material alteration of a financial instrument?
> Who assumes the burden of loss when there is a forged or unauthorized indorsement?
> When the rights under a contract are assigned, what happens to the rights of the assignor?
> What is the public policy behind the fictitious payee rule?
> Compare the concepts of primary and secondary liability under a contract theory of law.
> What kinds of defects in an instrument will prevent a holder knowing about those defects from acquiring HDC status?
> How can a holder take an instrument for value?
> What is the practical reason for the warranty that a check presented for payment has not been altered since its issuance?
> What is the difference between a holder and a holder in due course?
> What is the difference between a blank and a special indorsement?
> When may reference to other agreements be made in a negotiable instrument without destroying its negotiability?
> Must a negotiable instrument contain a promise or order to pay?
> What are three exceptions to the Statute of Frauds?
> What sort of signature is required by the UCC to create a negotiable instrument?
> What are some of the practical limitations concerning the writing evidencing a negotiable instrument and the substance on which it is placed?
> What are the primary functions of negotiable instruments?
> What is a bearer?
> Why is a transfer by negotiation preferable to a transfer by assignment?
> Why is it necessary to know when payment on an instrument is required?
> Why does it matter whether or not an instrument is a negotiable instrument?
> Should the Internet make it easier or more difficult to insure that the information provided to and by credit reporting agencies is accurate? Why?
> What are the primary functions and powers of the Consumer Products Safety Commission (CPSC)?
> What are some of the tactics that may not be used by collection agencies to collect debts?
> At what price does a sale of goods require a writing?
> What should a consumer do, before applying for credit, to avoid disputes?
> When must a recipient of unsolicited merchandise return the merchandise to the sender?
> How do state and federal laws regulate door-to-door sales?
> What are some of the actions that may be taken by the FTC against deceptive advertising practices?
> How does a bait-and-switch advertisement work?
> Should laws against bait-and-switch advertising be abolished?
> What is puffery?
> Can an injured bystander recover from a manufacturer or seller on a strict liability theory?
> What are the requirements for a cause of action in strict liability in a product liability suit?
> To avoid liability on a negligence theory in a product liability suit, to what extent must a manufacturer exercise due care?
> What is a collateral promise?
> In what ways does the Magnuson-Moss Warranty Act modify UCC rules on implied warranties?
> When does a cause of action accrue for breach of warranty?
> What effect does a buyer’s examination of the goods before contracting have on implied warranties?
> How can implied warranties of merchantability and fitness for a particular purpose be disclaimed?
> If warranties are inconsistent, what are the priorities?
> Other than immediate sellers and manufacturers, who may be subject to strict liability?
> What is the difference between express warranties and puffery?
> When can a buyer or lessee revoke acceptance?
> What damages can a buyer recover?
> 1. When is a seller entitled to recover damages? 2. What is the measure of the damages?
> When does the one-year period of the one-year rule begin?
> When can a seller reclaim goods?
> When does a seller have a right to withhold delivery?
> What are the buyer or lessee’s obligations regarding performance?
> What does the perfect tender rule require?
> What does the obligation to “tender delivery” require?
> 1. Under what circumstances does a buyer or lessee have a right to reject goods? 2. When can a buyer or lessee obtain specific performance?
> What does “good faith” mean under the UCC?
> Who bears the risk of loss when a contract is breached?
> When does risk pass in a sale on approval?
