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law for business

Questions and Answers of Law for Business

Compare briefly the traditional and modern theories of definiteness of acceptance of an offer as shown by the common law ‘‘mirror image’’ rule and by the rule of the Uniform Commercial Code.
Identify and discuss briefly seven ways by which an offer may be terminated other than by acceptance.
Identify the three necessary essentials of an offer and discuss briefly the requirements associated with each.
David and Elizabeth Kidd’s dog bit Mikaila Sherrod. Mikaila through her guardian ad litem (GAL) made a claim for damages. On June 14, 2005, the Kidds offered to settle the claim for $31,837. On
The first impression question presented is whether a faxed or facsimile delivery of a written notice renewing a commercial lease is sufficient to exercise timely the renewal option of the lease.
This is an appeal from an order of * * * judgment award[ing] the plaintiff the sum of $138.50 as damages for breach of contract. This case grows out of the alleged refusal of
Catamount Slate Products, Inc. and its principals the Reed family appeal from a Rutland Superior Court ruling enforcing what appellees characterize as a binding, mediated settlement agreement. The
Identify the three elements of an enforceable quasi contract and explain how it differs from a contract.
Explain the doctrine of promissory estoppel.
Distinguish among (a) express and implied contracts, (b) unilateral and bilateral contracts, (c) valid, void, voidable, and unenforceable contracts, (d) executed and executory contracts, and (e)
List the requirements of a contract.
Distinguish between contracts that are covered by the Uniform Commercial Code and those covered by common law.
Skebba, a salesman, worked for many years for a company that eventually experienced serious financial difficulties. Kasch, with his brother, owned M.W. Kasch Co. Kasch hired Skebba as a sales
In December 1973 the plaintiff, Robert Steinberg, applied for admission to the defendant, the Chicago Medical School, as a first-year student for the academic year 1974–75 and paid an application
Lockheed Martin Idaho Technical Company (‘‘LMITCO’’) requested bids for a comprehensive fire alarm system in its twelve buildings located in Idaho Falls. At a prebid meeting, MWE [Mountain
Identify and discuss those activities giving rise to a tort action in strict liability.
Identify the defenses that are available to a tort action in negligence and those that are available to a tort action in strict liability.
Differentiate among the duties that possessors of land owe to trespassers, licensees, and invitees.
Explain the duty of care that is imposed upon (a) adults, (b) children, (c) persons with a physical disability, (d) persons with a mental deficiency, (e) persons with superior knowledge, and (f )
List and briefly describe the three required elements of an action for negligence.
The plaintiffs in this case are persons injured when an aerial shell at a public fireworks exhibition went astray and exploded near them. The defendant is the pyrotechnic company hired to set up and
In the spring of 2001, Kitsmiller purchased a house in Van Zandt County to use as rental property. In mid-June, he hired B&H Shaw Company, Inc. (‘‘B&H’’) to install a replacement
Plaintiff was standing on a platform of defendant’s railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place.Two men ran forward to catch it.
At about 3:15 P.M. on November 15, 1995, plaintiff, Jason Love, and his mother, Billye Ann Love, went to the Hardee’s Restaurant in Arnold, Missouri, which is owned by defendant,
Does a business establishment incur liability for wrongful death if it denies use of its telephone to a good samaritan who explains an emergency situation occurring without and wishes to call the
Distinguish by example among interference with contractual relations, disparagement, and fraudulent misrepresentation.
Identify and describe the torts that protect against harm to property.
Distinguish the four torts comprising invasion of privacy.
Explain the application of the various privileges to defamation suits and how they are affected by whether the plaintiff is (a) a public figure, (b) a public official, or (c) a private person.
Identify and define the torts that protect against intentional harm to personal rights.
This case involves a promotional ‘‘fame and fortune’’ dispute. In running a particular advertisement without Vanna White’s permission, defendants Samsung Electronics America, Inc. (Samsung)
Larry W. Buck (Buck or appellee) sued his former employer, Frank B. Hall & Co. (Hall or appellant), for damages for defamation of character, * * *. By unanimous verdict, a jury found damages for
Racquel Ferrell and the parents of Kristie Ferrell sued Ruby Tuesday, Inc. and its manager Christian Mikula for false imprisonment, intentional infliction of emotional distress, * * *. After
This lawsuit arises out of the death of Jesse Williams, a heavy cigarette smoker. Respondent [plaintiff at trial], Williams’ widow, represents his estate in this state lawsuit for negligence and
List and explain the constitutional amendments affecting criminal procedure.
Discuss the defenses of duress, mistake of fact, entrapment, and defense of property.
List and define the offenses against property.
Identify the significant features of white-collar crimes.
Discuss criminal intent and the various degrees of mental fault.
Following a jury trial defendant was found guilty of issuing a bad check, N.J.S.A. 2C:21–5. * * * She was sentenced to concurrent custodial terms of four years consecutive to any sentence imposed
Wyatt Morse agreed to convert Janice Heffron’s second-floor room into a small bathroom. He said his plumbing work would be above and beyond code and that he could complete the project
In this case we determine whether Penal Code section 1203.044, which requires the imposition of a minimum county jail sentence as a condition of probation upon conviction of certain theft offenses,
Describe the limitations imposed on administrative agencies by the legislative branch, the executive branch, and the legally required disclosure of information.
Identify and explain (a) the questions of law determined by a court in conducting a review of a rule or order of an administrative agency, and (b) the three standards of judicial review of factual
Explain the difference between formal and informal methods of adjudication.
List and distinguish among the three types of rules promulgated by administrative agencies.
List and explain the three basic functions of administrative agencies.
Federal law prohibits the broadcasting of ‘‘any … indecent… language,’’ [citation], which includes expletives referring to sexual or excretory activity or organs, see [citation]. This
Federal law prohibits the broadcasting of ‘‘any … indecent… language,’’ [citation], which includes expletives referring to sexual or excretory activity or organs, see [citation]. This
Respondents are a group of organizations dedicated to protecting the environment. (We will refer to them collectively as ‘‘Earth Island.’’) They seek to prevent the United States Forest
This consolidated appeal involves respondent Department of Transportation’s (‘‘DOT’s’’) interpretation of federal law governing airline service at Love Field airport. Petitioners Dallas
Explain the difference between substantive and procedural due process.
Explain the effect of the First Amendment upon (a) corporate political speech, (b) commercial speech, and (c) defamation.
Distinguish the three levels of scrutiny used by the courts to determine the constitutionality of governmental action.
Describe the sources and extent of the power of the Federal and State governments to regulate business and commerce.
List and distinguish the basic principles of constitutional law.
These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies
Section 503A of the Food and Drug Administration Modernization Act of 1997 (FDAMA or Act), [citation], exempts ‘‘compounded drugs’’ from the Food and Drug Administration’s standard drug
Like most other States, the Commonwealth of Kentucky taxes its residents’ income. [Citation.] The tax is assessed on ‘‘net income,’’ which excludes ‘‘interest on any State or local
The issue is whether a statewide association incorporated to regulate interscholastic athletic competition among public and private secondary schools may be regarded as engaging in state action when
Phenergan is Wyeth’s brand name for promethazine hydrochloride, an antihistamine used to treat nausea. The injectable form of Phenergan can be administered intramuscularly or intravenously, and it
Compare and contrast litigation, arbitration, conciliation, and mediation.
Compare and contrast the following: demurrer, judgment on the pleadings, summary judgment, directed verdict, and judgment notwithstanding the verdict.
List and explain the various stages of a civil proceeding.
Describe the purpose of pleadings.
List and distinguish among the three types of jurisdiction over the parties.
Define and describe a typical long-arm statute.
Distinguish between exclusive and concurrent Federal jurisdiction. Identify the two types of Federal concurrent jurisdiction.
Distinguish between subject matter jurisdiction and jurisdiction over the parties.
Distinguish between appeal by right and writ of certiorari.
List and describe the courts in the Federal court system and in a typical State court system.
This case originated as a garden-variety, state-law-based contract action: Discover sued its cardholder, [Betty] Vaden, in a Maryland state court to recover arrearages amounting to
Defendant Twentieth Century-Fox Film Corporation appeals from a summary judgment granting to plaintiff [Shirley MacLaine Parker] the recovery of agreed compensation under a written contract for her
The issue before us is whether, consistently with the Due Process Clause of the Fourteenth Amendment, an Oklahoma court may exercise in personam jurisdiction over a nonresident automobile retailer
Plaintiff-Appellant Regina White (‘‘White’’) brought suit against Defendant-Appellee FCI USA, Inc (‘‘FCI’’), White’s former employer, for wrongful termination on March 29, 2001, in
Explain the ethical responsibilities of business.
Explain Kohlberg’s stages of moral development.
Describe cost-benefit analysis and explain when it should be used and when it should be avoided.
List and contrast the various ethical theories.
Describe the differences between law and ethics.
Throughout this book the authors have included cases dealing with ethical or social issues. Every chapter has at least one case relating to ethical or social issues; in a number of chapters, all of
Identify and define four remedies available in equity.
Explain the principle of stare decisis.
Distinguish between law and equity.
Identify and describe the sources of law.
Distinguish between civil and criminal law.
Distinguish between public and private law.
Define and discuss substantive and procedural law.
Distinguish between law and morals.
Distinguish between law and justice.
Identify and describe the basic functions of law.
This is an appeal from a take-nothing summary judgment granted the defendants in a social host liability case. Appellants’ seventeen-year-old daughter was killed in a single-car accident after
Panlick, the owner of an apartment building, entered into a written contract with Bucci, a paving contractor, whereby Bucci was to install asphalt paving on the parking lot of the building. When
What is a “limited liability partnership” and how is it different from a limited partnership?
What is a floating charge and how is it different from the kind of security interest created in a general security agreement?
Are there restrictions on the directors’ ability to delegate management responsibility to officers?
Claire, Stephan, and Gopa decided to go into business together to provide consulting services. Each invested $100 000 in return for one-third of the shares in a corporation that will carry on the
How does a corporation get its first directors? Its next directors?
Describe the differences between the roles played by shareholders, directors, and officers in a corporation.
What are the differences between debt and equity from an investor’s point of view? From the corporation’s point of view?

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