LAWS310 Full Course – September 2016

DQ 1

Sarbanes-Oxley (graded)

The Sarbanes-Oxley Act of 2002 suggests that businesses
develop a code of ethics. How effective is a code of ethics in preventing
unethical conduct? Review the sample code of ethics of Big Cheese Corporation
in Chapter 8. Are there any clauses in this code that you believe need to be
more specific? Why?

DQ 2

Corporate Social Responsibility? (graded)

What is corporate social responsibility? Provide two
examples of corporations that meet that definition of corporate social
responsibility and identify what they do that makes them socially responsible.

LAWS 310 Week
2 DQ 1 & DQ 2 latest 2016 September

DQ 1

Business Formations (graded)

A business may take one of the following forms: sole
proprietorship, general partnership, limited partnership, corporation, or
limited liability company. Choose one of the business formations and identify
how it is created and the characteristics of that business formation. Provide
support for your discussion.

DQ 2

Fiduciary Relationships (graded)

Corporate officers and directors owe fiduciary duties to
the corporation. What is a fiduciary relationship? Identify at least two of the
fiduciary duties and provide an example of each.

LAWS 310 Week
3 DQ 1 & DQ 2 latest 2016 September

DQ 1

BFOQs (graded)

What is a bona fide occupational qualification (BFOQ)?
Provide an example of a job that has a BFOQ.

DQ 2

Agents Versus Independent Contractors (graded)

Compare and contrast the differences between agents and
independent contractors. Provide an example of each.

LAWS 310 Week
4 DQ 1 & DQ 2 latest 2016 September

DQ 1

Securities and Exchange Act (graded)

What was the purpose of the Securities and Exchange Act
of 1933 and do its provisions actually protect investors? Why or why not?

DQ 2

Antitrust Laws (graded)

Antitrust laws were enacted at a time when it seems that
a handful of powerful men controlled commerce. Are they still relevant? Do you
see any examples of monopolistic business practices today?

LAWS 310 Week
5 DQ 1 & DQ 2 latest 2016 September

DQ 1

Contract Formation (graded)

Read Case 10.1 in Chapter 10 of your textbook. Is the
general release signed by Marder an enforceable contract? Identify each element
of a contract and the facts that would support each element.

DQ 2

Intent (graded)

Why is the objective theory of contracts applied in
determining whether a contract has been created? Why is the subjective intent
of the parties not considered?

LAWS 310 Week
6 DQ 1 & DQ 2 latest 2016 September

DQ 1

Oral Agreements? (graded)

Read the summary of Case 14.1, Turner Broadcasting
System, Inc. v. McDavid in Chapter 14 of your text. Should businesspeople be
bound to their oral word? Why or why not? Support your conclusion with
references to the concepts discussed in your text.

DQ 2

Mitigation of Damages (graded)

What is mitigation of damages? Why does the law impose a
duty on the nonbreaching party to mitigate damages?

LAWS 310 Week
7 DQ 1 & DQ 2 latest 2016 September

DQ 1

Internet Issues (graded)

The Internet has made the world smaller and enlarged our
access to information. However, for every positive benefit of the Internet,
there is a negative aspect. We have a loss of privacy, our financial profile
can be compromised, and we cannot trust all information we access on the
Internet. Do we operate as though the Internet has a foundation of trust? You
should cite to examples and resources to support your opinion.

DQ 2

Deception on the Internet (graded)

Every day we read stories of people who engage in
deception on the Internet, whether it is creating dating profiles that bear no
likeness to what they really look like, or students who find information and
pass it off as their own work. Should there be ethical standards for behavior
on the Internet? What would you propose and how could those standards be
enforced? Should people be able to say or do whatever they choose in an online
environment? Are there circumstances in which information on the Internet should
be censored? How do the United States and China differ in how each country
allows its citizens’ access to information on the Internet?

Assignments

LAWS 310 Week
1 Assignment latest 2016 September

Homework

Read the summary of Heart of Atlanta Motel v. United
States in Chapter 2 and answer the following questions.

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”? Why or
why not?

Your paper should be prepared using APA 6th edition
formatting. You may use the APA Paper Template available in Doc Sharing. Your
conclusions must be supported by academic references, not your opinion. You
must cite to a minimum of three references using in-text citations and listing
sources on References page. Academic references are located in the DeVry
Library. Citation to website references is not allowed.

Submit your assignment to the Dropbox, located at the top
of this page. For instructions on how to use the Dropbox, read these
step-by-step instructions.

See the Syllabus section “Due Dates for Assignments
& Exams” for due date information.

LAWS 310 Week
3 You Decide Assignment latest 2016 September

You Decide

Review the You Decide content item in Week 3 and complete
the assignment as outlined in the Assignment/Your Role section of the You
Decide.

Submit your assignment to the Dropbox, located at the top
of this page. For instructions on how to use the Dropbox, read these
step-by-step instructions.

See the Syllabus section “Due Dates for Assignments
& Exams” for due date information.

LAWS 310 Week
5 You Decide Assignment latest 2016 September

You Decide

Review the You Decide content item in Week 5 and complete
the assignment as outlined in the Assignment/Your Role section of the You
Decide.

Submit your assignment to the Dropbox, located at the top
of this page. For instructions on how to use the Dropbox, read these
step-by-step instructions.

See the Syllabus section “Due Dates for Assignments
& Exams” for due date information.

LAWS 310 Week
7 You Decide Assignment latest 2016 September

You Decide

Review the You Decide content item in Week 7 and complete
the assignment as outlined in the Assignment/Your Role section of the You
Decide.

Submit your assignment to the Dropbox, located at the top
of this page. For instructions on how to use the Dropbox, read these
step-by-step instructions.

See the Syllabus section “Due Dates for Assignments
& Exams” for due date information.

Quizzes

LAWS 310 Week
2 Quiz latest 2016 September

1. Question:

(TCO 1) Analyze the federal government’s division of
powers between its three branches.

Question 2. Question:

(TCO 1) How does the law maximize individual freedom?

Question 3. Question:

(TCO 2) Discuss the major criticism against ethical
fundamentalism.

Question 4. Question:

(TCO 3) What is distributional interest? A member of an
LLC transfers his distributional interest to his brother. Will his brother be
considered a member of the LLC? Give arguments in support of your answer.

Question 5. Question:

(TCO 3) Why is it a good practice for partners to put
their partnership agreement in writing?

Question 6. Question:

(TCO 3) Explain how the treatment of corporations as a
separate legal entity frees shareholders from a liability to the organization’s
debts and obligations.

Question 7. Question:

(TCO 2) Explain utilitarianism with an example.

Question 8. Question:

(TCO 1) Discuss the difference between the historical
school of jurisprudence and the analytical school of jurisprudence.

Question 9. Question:

(TCO 1) Why is a long-arm statute needed? What are the
circumstances under which long-arm jurisdiction is generally permitted over
nonresidents?

Question 10. Question:

(TCO 3) Analyze, in brief, the rights of general
partners.

LAWS 310 Week
4 Quiz latest 2016 September

Question 1. Question:

(TCO4) Compare and contrast the termination of an agency
by impossibility of performance and termination of an agency by operation of
law.

Question 2. Question:

(TCO 4) Why can’t an injured worker both receive workers’
compensation and sue the employer for damages? Is there any exception to this?

Question 3. Question:

(TCO 5) What is the difference between horizontal and
vertical price fixing?

Question 4. Question:

(TCO 5) If two or more firms act the same but no
concerted action is shown, can they be held for violation for Section 1 of the
Sherman Act?

Question 5. Question:

(TCO 4) Is it mandatory for employers to accommodate
disabled employees? Explain the factors under which employers who do not make
accommodations are not in violation of the Americans with Disabilities Act
(ADA).

Question 6. Question:

(TCO 4) Discuss the importance of providing a notice of
termination for an agency.

Question 7. Question:

(TCO 4) Explain the circumstances under which the
Department of Labor defines child labor as not violating any law.

Question 8. Question:

(TCO 5) Explain how the SEC governs trading in securities
when inside information about a company is possessed by an outsider to the
company. Provide an example.

Question 9. Question:

(TCO 5) What are tying arrangements? Explain with the
help of an example.

Question 10. Question:

(TCO5) Define the characteristics of a group boycott and
provide an example of when it would be appropriate.

LAWS 310 Week
6 Quiz latest 2016 September

Question 1. Question:

(TCO 6) Compare valid, void, voidable, and unenforceable
contracts.

Question 2. Question:

(TCO 7) Define emancipation, and list a few possible
reasons for its occurrence.

Question 3. Question:

(TCO 7) A person enters into a contract with another by
writing the terms of the contract on a notepad. Is this a valid contract? Does
the law accept writing on the notepad as a proof of that contract?

Question 4. Question:

(TCO 7) Discuss a situation where a legal right can be
assigned to a third party, and provide an example.

Question 5. Question:

(TCO 7) “A nonbreaching party can sue the breaching
party without making efforts to reduce the damages caused by the breach of contract.”
Discuss this statement and provide an example.

Question 6. Question:

(TCO 6) Explain, in brief, express terms and their
significance.

Question 7. Question:

(TCO 6) List the four ways in which an offer can be
terminated by operation of law, and explain them in brief.

Question 8. Question:

(TCO 7) Explain the circumstances in which the
nonperformance of contractual duties can be excused.

Question 9. Question:

(TCO 7) Mary purchases a skirt thinking that it is a silk
skirt. In truth, however, it is a satin skirt. When she discovers that it is
not a silk skirt, she tries to return it and get her money back. What kind of
mistake has Mary committed? Can she be excused from the contract?

Question 10. Question:

(TCO 7) What is parol evidence? Discuss the parol
evidence rule and its exceptions.

Question 11. Question:

(TCO 7) Discuss with an example a situation where a court
may permit rescission of a contract based on undue influence.

Question 12. Question:

(TCO 7) Brooksold Corporation contracts to have Zealent
Construction Company build a factory for $4,000,000. Days before the start of
construction, Zealent withdraws from the contract. Brooksold invites proposals
for the construction and contracts with Sierra Nos Builders for $3,800,000. Can
Brooksold hold Zealent liable for nonperformance? What can the company recover
as compensation for damages?

Question 13. Question:

(TCO 6) What are the consequences of contracting while
being intoxicated?

LAWS 310 final exam

Page 1

Question 1. 1. (TCO 7) Todd and Yolanda Robinson are
selling their house. One of reasons they are selling their house is that they
have noticed that a large crack is developing in their foundation. Their
basement also floods when it rains. They have decided to sell the home
themselves and not hire a real estate agent. They are concerned that if a
prospective buyer walks through the basement and sees the crack, they will
begin asking questions about flooding and then not purchase the house. So, they
decided to put a large cabinet in front of the crack in the basement so that it
will not be visible when buyers walk through the basement and they tell
prospective buyers that the cabinet stays with the house. They receive a
favorable offer and sell the home. Two months later there is a heavy rain in
their community which caused a bridge to wash out. Three months after this, the
Robinsons get a letter from an attorney who represents the buyers. The letter
states that the buyers intend to sue the Robinsons.

Were the actions of the Robinsons fraudulent? Was the
failure to disclose the crack in the foundation a material fact in the
transaction? Identify all elements of fraudulent misrepresentation and whether
it applies in this situation. (Points : 50)

Question 2. 2. (TCO 8) Describe a nation’s court
jurisdiction over international disputes. (Points : 25)

Question 3. 3. (TCO 5) Define insider trading under
Section 10(b) of the Securities and Exchange Act of 1934, and provide an
example. You should create your own hypothetical example, and not cite to
actual examples such as the Martha Stewart case. (Points : 25)

Question 4. 4. (TCO 4) The Hagues owned a tract of land
that they decided to sell. They signed a listing agreement with Harvey
Hilgendorf, a licensed real estate broker, which gave Hilgendorf the right to
list the property for 12 months. According to the agreement, Hilgendorf would
be paid a 6% commission if a bona fide buyer was found during the listing
period. Five months later, the Hagues sent Hilgendorf a letter terminating the
listing agreement, although Hilgendorf did not agree to the termination. One
month later, Hilgendorf presented an offer to the Hagues from a buyer willing
to purchase the property at full value. The Hagues ignored the offer and sold
it themselves. Hilgendorf sued the Hagues for breach of the agency agreement.

Did the Hagues act ethically? How should the lawsuit be
decided? (Points : 50)

Question 5. 5. (TCO 1) The power to regulate business
does not rest exclusively with the federal government. States have the power to
regulate intrastate commerce – commerce that occurs within their borders. This
is also called the state’s police power. Where does the state get its power to
regulate commerce within its borders? Provide three examples of a state’s
police power and how these examples relate to intrastate commerce. (Points :
25)

Question 6. 6. (TCO 8) The federal government of the
United States can enter into a treaty with the country of Uganda that agrees to
reduce trade barriers between them. However, the state of Arizona cannot enter
into a treaty with the country of Uganda that reduces trade barriers between
Arizona and Uganda. Give reasons to explain the scenario. (Points : 25)

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