Questions and Answers of Essentials Business Law

bDo you think the Moseleys were trading off of Victoria’s Secret famous name? Do you think that the Moseleys had a legitimate claim to their business names because the husband’s name was Victor?
Do you think that the defendant Intelsys intended to take advantage of Intel’s strong trademarks and service marks? Have you ever engaged in trademark infringement?
Was it ethical for Wiley to divide the textbook sales by geographical area? Did Kirtsaeng act ethically in this case?
Do you think that Gonzalez knew that she was violating the law? Should Gonzalez have been exonerated because others were greater offenders? Have you ever unlawfully downloaded music and not paid for
Will the Supreme Court’s decision affect the amount of research that is conducted to find naturally occurring disease-causing DNA sequences? Should Myriad be compensated by the government for its
Why are warrantless searches permitted? What standard must be met for a warrantless search to be found lawful?
Why did King want his DNA kept out of his criminal trial for the 2003 rape charge? Should law enforcement and the courts rely on DNA evidence as much as they do?
Should Barrington have entered into a plea deal before trial? Did Jacquette act ethically by being a witness against Barrington? Was the seven-year prison sentence warranted?
Do you think Wilson’s legal argument on appeal was justified? If you were a juror in this case, do you think Wilson should have gotten life in prison or the death penalty? Do you think that the
Did Gulf State Fair act ethically by making such a dangerous activity available to the public? Did Lilya act ethically in suing for damages?
Did the defendants act ethically by not taking greater steps to prevent injuries? Should the plaintiff have been awarded $3.9 million?
How does actual cause differ from proximate cause? Why does the law recognize the doctrine of proximate cause?
Did the utility companies owe a duty to foresee, and therefore move their utility poles to accommodate Mitchell’s reckless driving? Did Adams’s actions contribute to the accident?
Did Navarro, the Walmart employee, act responsibly in this case? Did Walmart act ethically in denying liability in this case?
Why do employers place class action waivers in their arbitration agreements? Is it ethical for employers to include class action waivers in their arbitration agreements?
Why do companies place arbitration clauses in their employment contracts? Why did the plaintiffs want their case heard in state court?
Do you think jurors are competent to understand expert medical testimony? Did the Ninth Circuit have the right to substitute its judgment for that of the jury?
Do you think that Murphy had a very good case against McDonald’s? What are the major reasons for permitting judges to grant summary judgments?
Was the jury unduly prejudiced against Walmart?Language of the Court Discovery is not required of public documents. In short, the report is a publicly available record that Averyt’s attorney
Do you think that Walmart will face many individual sex discrimination lawsuits now that the class has been decertified? What are the possible costs and consequences to a business that faces a class
Do you think Banks acted unethically in this case? Has the Internet created special problems for trademark and copyright holders?
Is it difficult determining when a party has had the minimum contacts with a state? How does one determine what constitutes “traditional notions of fair play and substantial justice”?
Is engaging in typosquatting ethical? Do you think that the defendants will appear at trial? Why or why not?
Was it ethical for Hertz to try to avoid trial in California state court? Why would Hertz want the case tried in federal court rather than in state court?
The U.S. Supreme Court’s decision makes federal benefits equally available to same-sex married couples and married heterosexual couples. However, since not all states recognize same-sex marriages,
Did the Westboro picketers know that they were causing personal grief to Mr. Snyder, who had lost his son?Should they have let Mr. Snyder bury his son in peace?
Does the majority have the right to legislate what the minority should see and hear? Do video game producers act ethically in producing violent video games?
Why was this case so important? Why did the U.S. Supreme Court develop the “effects on interstate commerce” test? Is most commerce considered“interstate commerce” that can be regulated by the
What is the public policy for having the Supremacy Clause? Do you think that pharmaceutical companies supported the passage of the federal drug labeling statute?Was it ethical for Mutual to deny
When Congress enacted the Voting Rights Act in 1965 was there sufficient justification to do so? Was it ethical for states to adopt impairments to minority voters? Was the special requirement for
It has been said that the U.S. Constitution is a “living document”—that is, one that can adapt to changing times. Do you think this is a good policy? Or should the U.S. Constitution be
Distinguish between blank, special, qualified, and restrictive indorsements
Describe how negotiable instruments are indorsed and transferred.
Describe promissory notes and certificates of deposit and identify the parties to these instruments.
Describe drafts and checks and identify the parties to these instruments.
Distinguish between negotiable and nonnegotiable instruments.
Describe the product defects in manufacturing, design, and failure to warn.
Describe product liability and define the doctrine of strict liability.
Identify warranty disclaimers and determine when they are unlawful.
Describe the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
Identify and describe express warranties.
List and describe the lessee’s remedies for the lessor’s breach of a lease contract.
List and describe the lessor’s remedies for the lessee’s breach of a lease contract.
List and describe the buyer’s remedies for the seller’s breach of a sales contract.
List and describe the seller’s remedies for the buyer’s breach of a sales contract.
Describe the performance of sales and lease contracts.
Define good faith purchaser for value and buyer in the ordinary course of business.
Identify who bears the risk of loss when goods are stolen and resold.
Describe who bears the risk of loss when goods are lost or damaged in shipment.
Define shipment and delivery terms.
Identify when title to goods passes in shipment and destination contracts.
Describe how Revised Article 2 (Sales) and Article 2A(Leases) permit electronic contracting.
Define the UCC’s firm offer rule, additional terms rule, and written confirmation rule.
Describe the formation of sales and lease contracts.
Describe lease contracts governed by Article 2A of the UCC.
Describe sales contracts governed by Article 2 of the Uniform Commercial Code (UCC).
Define Internet domain names and describe how domain names are registered and protected.
Describe laws that protect privacy in cyberspace.
Describe the provisions of the federal Electronic Signatures in Global and National Commerce Act(E-Sign Act)
Describe e-licensing and software law.
Describe the laws that apply to email contracts, e-commerce, and Web contracts.
Describe torts associated with contracts.
Define the equitable remedies of specific performance, reformation, and injunction.
Explain rescission and restitution.
Describe compensatory, consequential, and nominal damages awarded for the breach of traditional and e-contracts.
Describe complete, substantial, and inferior performance of contractual duties.
Explain when the performance of a contract is excused because of objective impossibility.
Distinguish between conditions precedent, conditions subsequent, and concurrent conditions.
Define covenant.
Define intended beneficiary and describe this person’s rights under a contract.
Describe assignment of contract rights and what contract rights are assignable.
Define equitable doctrines of undue influence, promissory estoppel, and part performance.
Describe the formality of the writing of contracts and the parol evidence rule.
List the contracts that must be in writing under the Statute of Frauds.
Describe how intentional misrepresentation (fraud), duress, and undue influence excuse performance.
Explain genuineness of assent.
Define unconscionable contract and determine when such contracts are unlawful.
Describe covenants not to compete and exculpatory clauses and identify when they are lawful.
Identify illegal contracts that are contrary to statutes and those that violate public policy
Define legal insanity and intoxication and explain how they affect contractual capacity.
Define and describe the infancy doctrine.
Apply the equity doctrine of promissory estoppel.
Define consideration and analyze whether agreements are lacking consideration.
Describe how offers are terminated by acts of the parties and by operation of law.
Define counteroffer and describe the effects of a counteroffer.
Define agreement, offer, and acceptance.
Describe and distinguish among valid, void, voidable, and unenforceable contracts.
Describe and distinguish between express and impliedin-fact contracts.
Distinguish between bilateral and unilateral contracts.
List the elements necessary to form a valid contract.
Define contract.
Describe corporate citizenship.
Examine the provisions of the Sarbanes-Oxley Act.
Describe the theories of the social responsibility of business.
Describe the moral theories of business ethics.
Describe how law and ethics intertwine.
Define cyber piracy and describe the penalties for engaging in cyber infringement of intellectual property rights.
Define trademark and service mark and describe the penalties for trademark infringement.
List the items that can be copyrighted and describe the penalties of copyright infringement.
Describe how an invention can be patented under federal patent laws and the penalties for patent infringement.

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