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Introduction To Business Law 3rd Edition Jeff Rey F. Beatty, Susan S. Samuelson - Solutions
How can it be fair for Bakie to owe double the value of the tractor when it no longer even has the machine?
Doesn’t the auction price indicate that Bakie paid too much?
1. The evidence doesn’t show that Inland ever used the term “express warranty.” How did Inland create one?2. Can that create an express warranty even though Inland never said that it “war-ranted” or “guaranteed” the results?3. Some states require proof that the buyer relied on the
Does the ruling mean that Wendy’s was negligent?
How could Wendy’s be negligent when the meat it purchased was inspected continuously by state regulators and certified by the USDA?
The bone occurs naturally in the meat; it is not something that was accidentally added during processing. How can it be negligence to serve a food in its natural state?
1. How will a jury decide what a reasonable consumer would expect to encounter in food?2. This ruling creates a serious difficulty for Wendy’s and its lawyer, in terms of arguing to the jury. What is that difficulty?
The facts may present a difficulty for Goodman. What is it?
Did Bic negligently design its disposable lighter? Did Bic negligently fail to warn of the lighter’s dangers?
1. What kind of a legal claim are these parents making?2. How does the reasonable person standard apply to a claim of failure to warn?
1. What is the legal standard for the negligence claim?2. How does the reasonable person standard apply to a claim of negligent design?
1. What kind of a legal claim are these parents making?2. What is the legal standard for the negligence claim?3. How does the reasonable person standard apply to a claim of negligent design?4. How does the reasonable person standard apply to a claim of failure to warn?
1. When warnings are adequate, is a manufacturer nonetheless obligated to use a safer alternative de-sign?2. What were the factors on which the court relied in determining that the bead de-sign would have prevented the injury to Martinez?
In which way did Martinez attempt to prove that the tire was unreasonably unsafe?
1. On what did the dissent focus?2. Why was the majority unpersuaded by the warning?
Make an argument in favor of the parents’ negligent design case.
Make an argument opposed to the parents’ negligent design case.
1. Make an argument in favor of the parents’ failure to warn claim.2. Make an argument opposed to the parents’ failure to warn claim.
Match the following terms with their definitions.___ A. Statute___ B. Administrative agencies___ C. Common law___ D. Stare decisis___ E. United States Constitution1. Law created by judges.2. Let the decision stand.3. A law passed by Congress or a state legislature.4. The supreme law of the land.5.
TRUE/FALSE1. The idea that current cases must be decided based on earlier cases is called legal positivism.2. Civil lawsuits are brought to court by the injured party, but criminal cases must be prosecuted by the government.3. Congress established the federal government by passing a series of
Multiple Choice Question1. More American law comes from one country than from any other. Which country?A. France B. England C. GermanyD. SpainE. Canada2. Under the United States Constitution, power that is not expressly given to the federal government is retained byA. The courts B. The Congress C.
Union organizers at a hospital wanted to distribute leaflets to potential union members, but hospital rules prohibited leafletting in areas of patient care, hallways, cafeterias, and any areas open to the public. The National Labor Relations Board (NLRB) ruled that these restrictions violated the
The stock market crash of 1929 and the Great Depression that followed were caused in part because so many investors blindly put their money into stocks they knew nothing about. During the 1920s, it was often impossible for an investor to find out what a corporation was planning to do with its
ETHICS The greatest of all Chinese lawgivers, Confucius, did not esteem written laws. He believed that good rulers were the best guarantee of justice. Does our legal system rely primarily on the rule of law or the rule of people? Which do you instinctively trust more? Confucius himself was an
ROLE REVERSAL Each Practice Test contains one Role Reversal feature, in which we challenge you to create your own exam question. The goal is to think creatively and accurately. Crafting questions is a good way to reinforce what you understand and recognize the areas that you need to review. Your
Marvin asks Sheila, a qualified auto mechanic, to fix his engine, which constantly stalls while driving. When Marvin returns, Sheila informs him that the engine is now “Perfect—runs like a top.” Marvin drives home along Lonesome Highway. Suddenly the car stalls because Sheila rushed her
Why does society distinguish between criminal and civil law?
Which commentator embraces your concept of the relationship of power and good? Does power corrupt? Or is a person useful to society only if he has the power to utilize his goodness?
When parties with unequal power create a contract, should the law more vigorously protect the weaker party?
Shouldn’t a court always look out for a weak party, whether corporate or consumer?
1. To the extent protections for the consumer or other parties with lesser bargaining position entering into contractual arrangements have been put in place, briefly describe your understanding of the protections the law incorporated. And the rationale for this body of law.2. What did the trial
Who is the plaintiff and who the defendant?
Why did the court decide that Pub Zone had a duty?
What should Pub Zone have done to satisfy its duty?
To secure management backing from Lee, should Dave Balter and his team choose an informational or analytical approach to the proposal? Why?
1. What is the key issue in this civil suit?2. Why does Stages claim it had no duty to Osborne?3. What did the trial court conclude?
1. What did the appellate court decide?2. Why does Pub Zone claim it had no duty to Kuehn?
Why did the court decide that Stages had a duty?
1. Why was the attack foreseeable, according to the court?2. What is wrong with this sentence: “The court found Sheila guilty of breaching the contract”?
In your view, did the court rule correctly?
Did the producers have a duty to protect the victims from harm caused by their products?
Isn’t this a cold hearted decision? Why doesn’t the court sympathize with the parents’ tragedy?
Maybe it really was foreseeable, and maybe it would be good to have more such lawsuits, to control the amount of violence that appears in film and video games.
Shouldn’t Carneal’s parents have taken more responsibility? Obviously he could not handle the violent images he was witnessing in the games and the movies. Shouldn’t his parents have supervised him more closely? Can Meow Media sue the Carneals and have the court find them liable for not doing
Should Balters proposal be developed directly or indirectly? Why? Should it be written formally or informally?
Was McCollum’s suicide foreseeable?
What are some of the questions that Balter and his team should ask themselves about their audience before making their presentation or writing their proposal?
Maybe it really was foreseeable, and maybe it would be good to have more such lawsuits, to control the amount of smut that appears annually in film, television, and popular music.
Have other bereaved relatives filed suit against entertainment firms?
Did the Pub Zone have a duty to protect Kuehn from the Pagans’ attack?
Did Stages have a duty to protect Osborne from Trujillo’s attack?
What do you think Aylwin Lewis meant when he referred to a “soft degree” and a “hard degree”?
Match the following people with their views.___ A. Martin Luther King, Jr.___ B. John Akers___ C. Jeffrey Sachs___ D. Milton Friedman1. Argued that “Ethics and competitiveness are inseparable.”2. Argued that “Third World countries need more sweatshops, not fewer.”3. Argued that “The one
Executives were considering the possibility of moving their company to a different state. They wanted to determine if employees would be willing to relocate, but they did not want the employees to know the company was contemplating a move because the final decision had not yet been made. Instead of
H. B. Fuller Co. of St. Paul is a leading manufacturer of industrial glues. Its mission statement says the company “will conduct business legally and ethically.” It has endowed a university chair in business ethics and donates 5 percent of its profits to charity. But now it is under attack for
What do you need to be happy in life?
What if, after making purchases at the local drugstore, you realize that the cashier forgot to charge you for an item? Or suppose a waitress forgets to charge you for the drink you ordered with your meal?
What should the Patriots and the Philadelphia Orchestra do? No football team likes to give up its fifth-round draft choice, and the Philadelphia Orchestra is in desperate need of a skilled finance director.
Ask students to make the case for each set of stakeholders: tenants, the community, and the partners.
Who are the stakeholders affected by this corporate merger?
Why do top executives receive such tremendous compensation packages when companies merge?
Why is this policy sound?
Are there too many sweatshops, or too few?
How much are students willing to pay in higher prices to eliminate sweatshops and child labor? How much are they willing to pay in taxes to subsidize Third World incomes? What is our obligation as a citizen of the world?
Match the following terms with their definitions.___ A. Arbitration___ B. Diversity jurisdiction___ C. Mediation___ D. Interrogatories___ E. Deposition1. A pretrial procedure involving written questions to be signed under oath2. A form of ADR in which the parties themselves craft the settlement3. A
TRUE/FALSE 1. One advantage of arbitration is that it provides the parties with greater opportunities for discovery than litigation does.2. In the United States, there are many separate courts, but only one court system, organized as a pyramid.3. If we are listening to witnesses testify, we must be
MULTIPLE CHOICE 1. A federal court has the power to hearA. Any case.B. Any case between citizens of different states.C. Any criminal case.D. Appeals of any cases from lower courts.E. Any lawsuit based on a federal statute.2. Before trial begins, a defendant in a civil lawsuit believes that even if
State which court(s) have jurisdiction as to each of these lawsuits:(a) Pat wants to sue his next-door neighbor Dorothy, claiming that Dorothy promised to sell him the house next door.(b) Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of business is
Students are now suing schools for sexual harassment. The cases raise important issues about the limits of discovery. In a case in Petaluma, California, a girl claimed that she was harassed for years and that the school knew about it and failed to act. According to press reports, she alleges that a
ETHICS Trial practice is dramatically different in Britain. The lawyers for the two sides, called solicitors, do not go into court. Courtroom work is done by different lawyers, called barristers. The barristers are not permitted to interview any witnesses before trial. They know the substance of
Claus Scherer worked for Rockwell International and was paid over $300,000 per year. Rockwell fired Scherer for alleged sexual harassment of several workers, including his secretary, Terry Pendy. Scherer sued in United States District Court, alleging that Rockwell’s real motive in firing him was
1. Was it in fact illegal for Klupt to make the recordings in the first place?2. What is the sanction that the court agreed to take?
If Klupt was so unethical that he would actually destroy physical evidence, why did he suddenly admit the whole scheme?
The court dismissed Klupt’s “counterclaims.” What does that mean?
Why is the ruling so important?
What is it that is missing from Jones’s allegations?
What lesser penalty might the trial court have imposed?
What does “abuse of discretion” mean?
Why give so much leeway to a trial judge?
Do you sense that this sanction is common or unusual?
What critical ruling helps plaintiff Beth Smiles?
Susan moves for summary judgment. The ruling?
1. Change the hypothetical. Bob and Susan agree that she can buy the car for $30,000. Bob refuses to honor the deal and she sues. Discovery indicates that Susan has 30 witnesses who will testify that the parties orally agreed to the deal. In fact, there was no writing. Bob has five witnesses who
1. What standard does the appellate court use to review the trial court’s striking of Robin’s Wood’s answer?2. What is the result of striking Robin’s Wood’s answer?
1. Why doesn’t the appellate court ask itself that question?2. In the “double indemnity” hypothetical that winds through the chapter, what critical discovery ruling helps Coastal Insurance?
Is it fair that Robin’s Wood does not get a chance to defend itself based on the actions of one employee?
This is still a harsh result. Why didn’t the trial judge order Robin’s Wood to pay for the costs of delay, or something else less drastic than striking its answer?
The court seems to regard Jones’s allegations as trivial. In fact, hasn’t she alleged disgusting behavior by her employer? How can the court regard her claims so lightly?
1. What is the judge obligated to decide?2. Doesn’t summary judgment mean that there will be no trial?
How can a judge decide whether there was sexual harassment without holding a trial? We don’t know whether Clinton did these things or not.
What is the important difference between challenges for cause and peremptory challenges?
The British developed the jury, and voir dire, but over the past several decades, they have nearly eliminated both. In Britain, there are no juries in any civil case except one of libel or police misconduct. In over 90 percent of criminal trials, there are also no juries. In the few cases that do
What is the danger in allowing experts to testify?
1. Suppose a plaintiff sues a defendant, claiming that the defective design of a power saw caused him serious injury. At trial, the defendant’s expert witness is an engineer who is acknowledged as the world’s leading expert on power tool safety. He has written the leading manual on power saws
Did the trial court abuse its discretion by dismissing Klupt’s counterclaims?
Did the trial court abuse its discretion by striking Robin’s Wood’s answer?
Did Jones make out a claim of sexual harassment?
What is wrong with this statement: “The jury determined that Walter was lying when he said the parties had orally agreed on an employment deal; however, based on Walter’s demeanor on the witness stand, the appellate court determined he had told the truth.”
Match the following terms with their definitions:___ A. Statute___ B. Equal Protection Clause___ C. Judicial review___ D. Takings Clause___ E. Stare decisis___ F. Promulgate1. The power of federal courts to examine the constitutionality of statutes and acts of government.2. The part of the
TRUE/FALSE 1. The government may not prohibit a political rally, but it may restrict when and where the demonstrators meet.2. The Due Process Clause requires that any citizen is entitled to a jury trial before any right or property interest is taken.3. The government has the right to take a
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