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legal environment business

Questions and Answers of Legal Environment Business

1. What are the alternatives for financing this expansion plan? Should CRMC consider a bond? Why or why not? Would selling equity be more or less advantageous than issuing a bond?2. Assume that the
1. Since Asadi had to concede that he was not covered under the statutory language, what was his theory of the case as to why he should be protected as a whistle-blower under Dodd-Frank?2. Why did
1. Why was this case considered a misappropriation theory case rather than a traditional insider-trading case?2. If McGee had disclosed his trading to Maguire, would that have relieved him from
1. What category of corporation is Pharma, and what are the options in terms of structure and raising capital?2. Is Pharma eligible for S corporation status? If one of the shareholders objected,
1. What did the court mean when it ruled that Shelby was the defendants’ “alter-ego”? How did that determination impact the court’s decision?2. If Essad had not committed the fraudulent bank
1. Why did EUMC believe that it was entitled to become a partner in Riverwalk II?2. EUMC reaped a substantial profit from its River-walk I investment. Should that be a factor in the court’s
1. Assume that the directors were highly sophisticated business executives. Should they have to consult others on issues about which they already have sufficient knowledge (such as the company’s
1. What steps should MGS have taken to help limit their promoter liability?2. What steps could Branch have taken to limit his losses?Branch agreed to provide $75,000 in short-term financing to three
1. Will a court support BHA’s attempt to cancel the contract? What will be BHA’s likely theory of the case? 2. Assume that the managing members agreed with the transaction and signed on in
1. Why did the court rule that the two partners were personally liable for the debt?2. Could it be argued that the debt actually was incurred once C&E had notice that it had infringed on
1. Based on the court’s decision, what specific rights did Lieberman lose when he withdrew as a member of the LLC?2. What is the impact of the court’s determination that Lieberman’s withdrawal
1. Why does the court state that the language in the Operating Agreement actually recognizes the “continued existence” of the fiduciary duties?2. Should NHA have agreed to the structure of the
1. Who prevails and why? Name a case from this chapter that supports your answer.2. If Jerry Schuster changed the name of the business but still used the tools he inherited, how would that impact
1. What form of entity have Demuth, Warren, and Oakley formed? What law governs the operation of the partnership and the rights of the partners? 2. If the venture becomes insolvent (runs out of
1. What was Robertson’s theory of the case? 2. Why is it important that the partnership was “at will”?3. In addition to the wrongful dissociation claim, Robertson alleged Mauro committed
1. What was Waddell’s theory of the case as to why an implied partnership existed?2. Could a personal relationship ever be considered a partnership? At what point does a personal relationship
1. What evidence did Billings claim indicate that the LLC was a continuing entity and not a separate entity? Why did the court reject his theory? 2. The court pointed out that there was no
1. Who prevails and why?2. Why did Aquino have the burden of proving that Honda’s reason for discharging him was a pretext? Didn’t he already prove a prima facie case?3. Considering the criminal
1. Who prevails and why?2. Why was the PGA so reluctant to allow Martin to use a golf cart, especially considering carts are allowed in other tournaments? Do you agree with the Court’s reasoning
1. If Curt files suit against Cleaning Inc. for discrimination, what statute will he be relying on and what is his probable theory of discrimination?2. What would Curt need to prove in order to shift
1. Is it reasonable to conclude that the online job description implies that test-driving is part of the job? Why or why not?2. What steps could FedEx take to avoid liability for a similar incident
1. Why does the court find that Mahan’s conduct did not rise to the level necessary to create a hos-tile work environment? Do you agree?2. What type of conduct is required for harassment to be
1. Why does the Court conclude that “actual knowledge” is not necessary?2. What strategies should employers deploy in order to reduce their liability for violating the religious accommodations
1. Should Haynes be prevented from asserting a whistle-blower claim because she is a member of a union?2. Could Haynes claim the public policy exception in regard to this termination? Why or why
1. Even though Sullivan supplied a physician’s certification, did the agency have the right to require a second medical evaluation? 2. How could Sullivan have avoided the conflict and
1. Name the FLSA classification (covered or exempt) for each position in the table below, and give your analysis for each classification. 2. Suppose that Falstaff is a plant manager and
If the Facebook photos were not posted, would Advantage still have been justified in terminating her? Why or why not?In 2008, Advantage hired Jaszczyszyn as a part-time employee and she was
1. The employees in this case pointed to the fact that Integrity could have greatly reduced the amount of time for screening to just a few minutes by employing more personnel and metal detectors.
1. The employees in this case pointed to the fact that Integrity could have greatly reduced the amount of time for screening to just a few minutes by employing more personnel and metal detectors.
If the District would have terminated Wurtz’s contract before it expired, how would that change the court’s analysis?The Beecher Metropolitan District (District) manages water and sewage for a
1. Why did the court overlook the “disclaimer language” in the Manual? Shouldn’t that have influenced its analysis?2. Should the appellate court allow the jury’s verdict to stand from a
1. Was Gatzke’s negligent smoking outside the scope of his employment? Why or why not?2. If the evidence showed that Gatzke had intentionally tried to commit arson, how would that impact the
1. Who prevails and why? Did Hannington’s attorney have apparent authority? What is the standard?2. Since Hannington never actually signed the agreement, was it reasonable for Penn to assume that
1. What is Crusoe’s agent classification? What factors should CCT analyze in making this determination?2. What is the source of Crusoe’s authority to act as CCT’s agent?3. Assume that Crusoe is
1. One of Welch’s issues on appeal was that she was not an employee that had agency authority. Why did the court decide that Welch had an agency relationship rather than a master-servant
1. What was Marsh’s theory of the case as to why they shouldn’t be liable for Bamberger’s negligence? Do you agree or disagree?2. Where should the law draw the line between a “minor”
1. As a practical matter, what was the impact of the court’s ruling on Johnson and Golden Living?2. Was it reasonable for Golden Living to assume that Johnson had authority for Cooper’s health
1. If the pursuing patron were actually an off-duty employee of Chili’s, how would that impact your agency analysis?2. When the pursuing patron called the Chili’s employee with a description of
1. If Waiau had been paid a salary in addition to her commission, how might that impact the court’s analysis?2. Although the Agreement did not prohibit Waiau from working for another company, as a
1. What level of duty does CI owe to BTF, and has CI breached that duty?2. To what extent is the concept of cause in fact versus proximate cause important in regard to CI’s liability?3. At what
1. Why is the injured party’s age one of the most important factors in considering a failure-to-warn claim? 2. Do you agree with Hoffinger’s contention that the injured party assumed
1. If Zeidman had signaled to his partners that all was clear from the fairway and was then hit while returning in the cart, would Fisher be entitled to a summary judgment based on assumption of the
1. Are all the other elements of a negligence tort satisfied in this case?2. Who else might Palsgraf have sued? For what?3. Context is always important. This case was decided before any federal or
1. What factors did the court use to determine that the Local Fraternity may have assumed a duty here? Do you agree? Why or why not?2. Why did the court find that Wabash College had no liability for
1. What statements by TA, specifically, do you consider to be malicious? Why?2. How could TA’s management have prevented the defamation from occurring?3. What is the public policy behind the
1. In its decision, the district court cited newspaper articles that discussed the volatility of the economy and specifically the real estate market. Do these articles act in any way to support or
1. Was the forum selection clause an additional term, a different term, a confirmatory writing, or a term incorporated into the document? Explain.2. Does the fact that Mozaffarian et al. never
1. Is Armstrong’s addition of the delivery term binding on GCI? Explain the UCC analysis governing the additional terms added by Armstrong.2. Does the fact that the parties had a history of past
1. After one week on the worksite, Ishmael finds that he is devoting more time to Export than he initially believed was necessary, so he attempts to convince Export to pay him $6,000 per month for
Why did the court rule that Logan-Baldwin had a right to sue for breach of contract?Logan-Baldwin and other owners (collectively Logan-Baldwin) contracted with L.S.M. General Contractors (LSM) to
Why did the court rule that MSNBC’s assumptions were not justified?DiFolco and MSNBC entered into a two-year employment agreement for DiFolco to work as a television commentator covering the
1. Could the combination of e-mails and the unsigned agreement be the basis for satisfying the signature requirement of the statute of frauds? Why or why not?2. Did the court calculate the date
Can one party be deemed to accept an offer simply by opening a product box even if there is no evidence that the party actually read the terms?
1. Did DS make a valid offer on Monday? Why or why not? Name a case to support your answer.2. Were the terms definite enough to constitute an offer? If not, what term was missing?3. Was DS’s
1. What facts would support Leonard’s primary argument as to why this commercial was a unilateral offer to contract?2. If the wording on the catalog order form had allowed a consumer to write in
1. Why isn’t the relationship between Leslie and Augstein considered a bilateral contract?2. What was Leslie’s defense to the allegation that he had made a unilateral contract offer? Why did the
1. Suppose that Jacob, an employee who works at one of the most profitable carts, has one or two cups of free coffee a day. He bases his justification for doing so on the fact that the cart is so
1. Who prevails and why?2. Why do you think Hooters chose to include a mandatory arbitration clause in its employment contracts?3. Had Phillips been provided a copy of the rules when she signed the
1. If MII sues CP in a state trial court for the losses it incurred, what would CP’s likely defense be?2. Discuss the significance of the fact that the original lease did not have an arbitration
1. Why did the court reject the trial court’s conclusions?2. What standard should a court apply in deciding whether to vacate a labor arbitration award? 3. The union contract permits the
Why did the Court interpret the Federal Arbitration Act so strictly in this case? Should courts have more leeway when interpreting statutes?American Express (Amex) entered into agreements with
1. Why will formal discovery be more effective than merely requesting the information informally?2. From the standpoint of the operators of blogs and Internet chat rooms, how does the formal
Does the Maine court have personal jurisdiction over Onslow?Bickford, a resident of Maine, received hospital bills over a period of several months from Onslow Memorial Hos-pital (Onslow), which had
Part 1:1. If Wilmington wishes to sue Santiago, what court or courts would have jurisdiction over this matter?2. What would be the best venue and why?3. If a Delaware court decides that it does not
1. Are forum selection clauses always enforceable? Put another way, under what situations will a court notenforce a forum selection clause?2. In its order, the court refers to the “persuasive
1. Why is due process relevant to the outcome of this case?2. What is the practical implication of this decision? Does it mean that Clemens cannot bring suit for defamation in any court?In the summer
1. Why didn’t the parents of the boys in this case initiate their lawsuit against the foreign subsidiaries of Goodyear USA in a French court?2. Does this decision mean that the boys’ parents are
1. Assume that, after a rash of bicycle accidents in several cities nationwide, Congress enacts a federal statute prohibiting the use of bicycle couriers. The statute is intended to protect the
1. In addition to vehicles, can you think of any other examples of personal effects that are protected under the Fourth Amendment? Does one have a reasonable expectation of privacy when driving or
1. What if Citizens United had published a book criticizing Hillary Clinton? Does the McCain-Feingold Act apply to the publication of books?2. Should corporations have constitutional rights?In an
1. Commercial speech is generally analyzed under intermediate-level scrutiny rather than under strict scrutiny. Do you think it is appropriate to treat commercial advertising differently than other
1. Federal law expressly prohibits the cultivation, processing, distribution, and use of marijuana. Since a national market for marijuana cannot legally exist, why is this a Commerce Clause case?2.
1. Why did the Supreme Court apply the “strict scrutiny” standard to the California statute?2. If the expert testimony had been conclusive and scientifically proven, would the Court’s decision
What sources and levels of law will Jackson need to have a fundamental knowledge of to help him protect his company from liability and meet any legal challenges? Give specific examples.Galaxy Inc. is
1. How is precedent created, and how is it applied in future cases?2. When two separate panels of the same court hear different cases with similar issues, must the second panel follow the decision
1. Is the language “current rate of wages” certain enough to be enforceable? Why or why not?2. Is there any other ambiguous or vague language in the statute? How could the statute be reworded in
If Monfort files suit and the merger is deemed to violate antitrust laws, what type of remedy will Monfort want to receive and why?Monfort, the nation’s fifth largest beef packer, is concerned
1. Why wasn’t money an adequate remedy in this case?2. What does Wilcox mean when he alleges that Shollmier engaged in collusion?3. How could Wilcox have prevented the property from being sold
1. If Flagiello had been a burglar who was breaking into the medical supply cabinet instead of a patient when she injured her ankle, would the court have been willing to abandon the charitable
1. Why did Ulbricht point out that the IRS treats bitcoins as property?2. Does the fact that Ulbricht created Silk Road have any bearing on the court’s decision?3. Is the court interpreting the
1. If a federal law or policy is perceived as weak or ineffective, should a state have the right to legislate in that area without federal intervention?2. Arizona’s law affected Arizona alone and

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