Questions and Answers of Law business personal use

Johnson Controls, Inc., manufactures batteries made primarily of lead. Lead is a dangerous substance for pregnant women because exposure to lead can harm the fetus. For this reason, Johnson Controls
Shiela Grove and David Klink were both tellers for Frostburg National Bank. Both were high school graduates. They had worked for the bank for the same length of time performing the same duties.
The catastrophic Exxon Valdez oil spill, which arguably might have resulted because of the alcoholism of one of the ship’s officers, occurred in 1989. As a consequence, Exxon Corporation adopted a
Henderson worked as a radio dispatcher for the Dundee, Florida, police department. The police chief, she alleged, subjected her to repeated sexual comments and requests that she have sexual relations
Wards Cove Packing Company operated canneries in remote areas of Alaska. The workers in the canneries were primarily Filipinos and native Alaskans. These jobs were unskilled, and the pay was low. The
Ann Hopkins worked for Price Waterhouse, a large accounting firm. It was a practice to make professional employees partners in the firm after several years. Ann had been distinctively successful in
Jerry had owned a small printing shop in the same location for over 25 years. For most of the quarter of a century he had had medical insurance coverage for all his employees. The policy was
Peter owned a small restaurant that specialized in Indian food. He had only 8 employees and therefore knew that most employment discrimination laws did not apply to him. Is Peter ethically obligated
Suppose you were in charge of hiring workers to assemble very small electrical components to make a toy. If you thought that females of Asian ancestry were most likely to do this type of work well,
When Angela almost miscarried in her sixth month of pregnancy, she was confined to total bed rest. As a consequence of her continuing absence, her employer fired her. Has the employer acted legally?
The passage of the Americans with Disabilities Act was an important event in the political history of the United States. Without great fanfare and little opposition from either party, the ADA became
Write a letter from the employer to Phan explaining the reasons he will not be hired for the job. Write a letter from Phan to the employer explaining why he should be hired.
Write a job description for a high school teacher which contains two types of job requirements. One type might create a disparate impact. Another type will not create a disparate impact. Which
1. What is bankruptcy?2. Why do so many people declare bankruptcy?3. What are long-term effects of bankruptcy?4. What are the responsibilities of using credit?Participants will choose to prepare a
1. Create a multimedia presentation titled Protecting Against Identity Theft. Offer the presentation to your whole school.2. Use the Internet for information to include in your presentation. Modify
1. What sort of standard does the court identify here for future debtors when it says petitioner Baker had “truly fallen on hard times”? What sort of standard would you propose?2. Presume Mrs.
When the Richmonds filed for Chapter 7 liquidation under the Bankruptcy Code, their unsecured debts totaled a little more than $19,000. All but $225 of the unsecured debts was owed on credit cards.
When Hardison filed for bankruptcy, one of his main creditors was General Finance Corporation (GFC) to which he owed $2,800. After the GFC debt and others were discharged as a result of the
In his divorce decree, Elliot was ordered to pay $102 of his weekly wages of $467.47 from his job at a General Motors plant for child support. Months later, U.S. Life Credit Corporation (USLC)
Sniadach owed the Family Finance Corporation (FFC) $420 under a written promise to pay. When this debt became overdue, the creditor obtained a court order that summarily garnished her wages. Her
Medias and other pawnbrokers objected to an Indianapolis city ordinance that regulated their business. The ordinance required an applicant for a pawnbroker’s license to establish good character by
When Lola came home from college for spring break, her mother gave her a credit card. “You can sign my name, but don’t spend more than $100,” she told Lola. Lola went on a buying spree with her
Garrotte took his new flat screen TV to Tesla Technology Inc. for repairs. The bill came to more than $500. As Garrotte was short of money, he gave Tesla a 90-day promissory note for the amount due.
All five of your credit cards are stolen from your motel room while you are skiing. Fortunately you discover the loss within a few hours and immediately notify the credit card companies by telephone.
An acquaintance brags that she will finance her college education with government-insured student loans and then go bankrupt after graduation to avoid paying them. Is this possible? Is this ethical?
You are thinking of buying an automobile and plan to borrow money from a financial institution to help you pay cash for the purchase. Is there a limit on how much interest a lender can charge you?
Read the sections about debtor’s prisons in Little Dorrit, David Copperfield, and the Pickwick Papers by Charles Dickens. Each refers to a different debtor’s prison in London in the nineteenth
Write a persuasive opening statement that emphasizes the legal, ethical, and economic points in Norm’s favor. Or, write a persuasive opening statement for the jeweler that encompasses the economic
Compare the bankruptcy options available to a business debtor versus an individual debtor. Compare especially the list of exemptions and the priority of payout of liquidated funds.
Contrast the differences between bankruptcy liquidation and dissolution for the various types of businesses, including sole proprietorship, partnership, and corporation.
Why do usury laws not govern interest charges imposed on credit purchases of goods and services?
What does a signature on a credit card indicate? If the card is lost or stolen, generally what is the cardholder’s liability?
What is the legal difference between a surety and a guarantor?
What makes the mechanic’s lien so powerful?
What makes the artisan’s lien so powerful?
1. In reaching its decision, the federal appeals court noted the rule that the seller’s interest in a land sale contract is a general intangible. If this is so, how is perfection to be achieved?2.
Calcote bought a car using a loan from Citizens & Southern National Bank. The bank obtained a security interest in the car. Calcote later defaulted on the loan and the bank repossessed the car.
When Ziluck submitted the application for his Radio Shack credit card, he signed an application that had the following statement above the signature line: “I have read the Radio Shack Credit
The Franklin State Bank repossessed the Parkers’ automobile because of the Parkers’ delinquency in payments. At the time, Mr. Parker and his son were giving the engine of the car a tune-up in
The Uniform Commercial Code excludes “money” from its definition of goods. As a consequence, a perfected security interest cannot be obtained in money merely by the creditor’s taking possession
Speigle fell behind in his car payments to Chrysler Credit Corporation. He had made 14 monthly payments on a 36-month contract, and Chrysler had accepted several late payments. Then Speigle found
Shelton purchased an automobile on credit from Erwin. Both Shelton and Erwin clearly intended to create a security interest in the car in favor of Erwin. As a consequence, they signed a bill of sale
Burney loaned Sampson $4,000 to buy a car. Sampson issued a promissory note in favor of Burney for that amount. Also, when he registered the new car, Sampson had Burney’s name entered on the title
You buy a new jet ski on credit for your use at your vacation home at the lake. The seller properly files a financing statement evidencing its security interest in the jet ski. If you sell it to a
At a county fair in southwest Nebraska, Gull used cash to buy two cows and a bull, all purebred Holsteins. The seller was Spane, who had just moved to the area from another corner of the state
D’Artole, an accountant, bought for her personal use a new SUV for $47,500. She paid $10,000 down and then paid $1,250 per month for several months under a security agreement she had signed with
What could secured transactions have to do with the advancement of science, you ask. Research the availability of startup loans for companies wanting to develop marketable technology or research and
Write a paragraph justifying the difference between a neighbor’s purchase of a mower with the filing of a financing statement and a like purchase by a neighbor of a mower on which the seller holds
Why is it important to have a termination statement filed promptly?
Why is a debtor allowed to force a sale in a commercially reasonable manner by objecting to the creditor’s intent to retain the collateral as full settlement of the debt?
Why is possession alone a suitable notice to other creditors who might take a security interest in the collateral.
Why is an unsecured creditor at a disadvantage?
Why is the law of secured transactions so important to prospective debtors?
1. Should the Kraemers have to pay the full face amount to Mrs. Leber? Why or why not?2. What other alternatives do the Kraemers have in this situation?3. Who could the Kraemers sue for their losses
Ognibene withdrew $20 at an automated teller machine (ATM) through the use of his Citibank card and the entry of his confidential personal identification number. As he did so, he was evidently
Cameo State Bank mistakenly believed that a credit life insurance policy had paid an $8,000 note it held. Consequently, it marked it “paid” and returned it to the heirs of the deceased maker.
A vacuum cleaner sales representative approached the Charltons and offered them a deal called the “club plan.” Under its terms, the Charltons were to make appointments in their area for sales
The Pierces purchased siding for their home from the Globe Remodeling Company, Inc. They gave a promissory note for $3,044.40 in payment. In exchange, they were to receive sufficient siding for the
On May 2, as part of the $96,500 purchase price of some real estate, Collins issued a 30-day note for $66,500. Just before the due date, Collins ordered his attorney, Sanders, to have money available
Instead of receiving a paycheck every two weeks, Allessandro runs her payroll card through a machine as she leaves work. The card is thereby electronically credited with the amount of her pay and
If, in exercise 19, Livingston sold the note to the Hometown Bank, Inc., an HDC, and then Fobair bought it from the Bank, could Fobair collect on the note?Exercise 19Eaton owed Fobair $1,500 for
Eaton owed Fobair $1,500 for supplies he purchased the year before for his business. Fobair had sold the supplies to Eaton on credit even though he knew that Eaton’s business was on the ropes and
When Rebel T. Clef, a rock star, landed at the local airport, a young woman persuaded him to sign his autograph on a blank sheet of paper. The woman was a skilled typesetter. She went home and
Abbiatti operated her own computer repair business. To work on the newer models, she purchased a set of advanced instruments for $2,300 from CompRepare, Inc. She paid $300 down and signed a 180-day
A remarkably high percentage of commercial paper is paid off on time. Such instruments and their electronic substitutes have become the backbone of our commerce. Cash, once the unquestionable medium
Write a persuasive letter from the Reverend Robert Shore to the president of the Commerce Bank of Statusville asking for more time to pay the note.
What is the purpose of the Electronic Fund Transfers Act, and how does it accomplish that purpose?
Why should a holder be denied the chance to acquire the rights of an HDC by reacquisition?
Explain the importance of the status of holder in due course.
In what ways can electronic transfers benefit (a) consumers and (b) the banking industry? Do you see any disadvantages to using electronic transfers rather than commercial paper?
Why does an HHDC have the same rights as an HDC?
Why might the payment of a nominal amount for an instrument relative to its face value effect the holder’s chances of becoming an HDC?
Why would a holder be able to cancel the obligation of an indorser on an instrument but not be required to cancel the obligation of the primary obligor at the same time?
1. Should the FDIC’s request for summary judgement against Culver be granted? Why or why not?2. If Culver had just signed a blank piece of paper after being told that the bank would make a receipt
When an employee of Epicycle cashed a payroll check at Money Mart Check Cashing Center, Inc., the instrument was deposited with others into Money Mart’s bank account. Regrettably the check was
Haas, a trusted employee of a firm by the name of Trail Leasing, Inc., used her access to her employer’s blank checks to defraud Trail Leasing of almost $40,000. She did this by making checks
A $10,000 certificate of deposit (CD) “payable to the Registered Depositor hereof” was issued to John D. Cox by Commercial Bank of Liberty. Cox then used the CD as security for a loan made by the
In May 1963, Ferri executed a note promising to pay $3,000 to Sylvia’s order “within ten years after date.” Two years later, Sylvia demanded payment. When refused, Sylvia sued Ferri. Is the
On May 8, 1957, Brookshire was convicted of issuing a check with intent to defraud. On January 1, 1957, Brookshire had given a check dated December 31, 1957, to pay his taxes for 1956. On January 7
Associates Discount Corporation sought court enforcement of a note it held. The note stated that Fitzwater owed a large sum of money for a tractor that had been delivered to him. Fitzwater, the
Krosby was starting a new business and needed cash. He convinced the Finance Bank to lend him $10,000 against his new equipment. However, the bank insisted that his prominent friend, Hopper, or
Anton drew a check for $750 payable to bearer. Anton gave the check to Brewster. Brewster negotiated it by delivery to Charlois. Charlois negotiated it by delivery to Deltoid. Deltoid tried to
Lasorda paid $7,500 for a $10,000 promissory note payable on the day the Chicago Cubs next win the World Series. Is the note negotiable? Can it still be collected?
Parnell was the maker of a promissory note payable to LaSalle. The note was complete and legally correct in all respects except for the following additional terms. Do any of these terms destroy the
Commercial art takes many forms, from the classic movie poster to the design of an ad showing a superhero endorsing cereal. Andy Warhol raised the common soup can to a level of consideration no one
Write the bank’s attorney’s opening statement to persuade the court that the loss should not fall on the bank.
Why are warranties extended to all subsequent holders by a holder who indorses the paper?
Why are holders allowed to eliminate their signature- based liability to future holders by using a qualified indorsement?
Why is it so important that the face of commercial paper bear the words “payable to order” or “payable to bearer”?
Why are “reasonable attorney’s fees” acceptable as part of a “sum certain”? Surely nothing can be less certain.
List and explain the importance of the necessary elements of a negotiable instrument.
Explain why a finger or thumb print would be effective as a signature on a piece of commercial paper.
In interpreting conflicting terms that appear on the face of commercial paper, why are handwritten terms given precedence over printed terms?
1. Do you agree with the court’s conclusion that Nancy Clardy did not ratify the note? Why or why not?2. Why did the court determine that the note was not commercial paper and that, consequently,
General Motors Acceptance Corporation (GMAC) financed the purchase of a Jeep by Azevedo. It then held the positon of lienholder on the vehicle and was noted as such on the vehicle’s title and car
In a Missouri circuit court, Kleen was convicted of issuing an insufficient funds check. He appealed, pointing out that he had merely signed a blank check form in Missouri and then given the form to
Gunn contracted to sell Tak, a broker from Hong Kong, 60,000 metric tons of UREA, a fertilizer, at $400 a ton. In connection with this $24 million sale, Gunn entered into another contract agreeing to
Purchasers of land developed by Holiday Intervals, Inc., signed writings in which they promised to pay a certain sum of money at a definite time in the future. However, according to the signed
While in Shreveport, Louisiana, Claypool wanted to play poker for money stakes at the Crystal Bar. He persuaded Parker to stand good (pay) for any losses he might have. Before the night was over,
You are working as a checkout clerk at Surprise Discount, Inc., a local department store. Sarah Johnson, an elderly lady, comes through your line with what she describes as “the perfect gift for my

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