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Questions and Answers of Business Law

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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
Match the following terms with their definitions.___ A. Arbitration___ B. Diversity jurisdiction___ C. Mediation___ D. Interrogatories___ E. Deposition1. A pretrial procedure involving written
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
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
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
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
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
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.
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
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
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
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
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
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

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