MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term Set 4 Question and answer

MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term Set 4 Question and answer

MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term Set 4 Question and answer

MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term Set 4 Question and answer

MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term Set 4 Question and answer

1.Explain the concept of economic activity. In your answer include when it would be applied.

2. Why was microsoft considered a monopoly? State which section of law monopolies are in violation of. Give an example of a company that would be considered a monopoly today.

3. Consider the following sequences of separate offers and potential acceptances. Indicate in each scenario whether there would be a contract by the end of each exchange. Explain your answer.
August 1, 2010: Suchada mails an offer to Mohammed
August 2, 2010: Mohammed receives the offer
August 3, 2010: Suchada mails a revocation
August 4, 2010: Mohammed mails an acceptance
August 5, 2010: Mohammed receives the revocation
August 6, 2010: Suchada receives the acceptance
Show the result.

August 1, 2010: Ibrahima mails an offer to Sadeea
August 2, 2010: Sadeea receives the offer
August 3, 2010: Sadeea wires an acceptance
August 4, 2010: Sadeea wires a rejection
August 4, 2010 later: Ibrahima receives the acceptance
August 5, 2010: Ibrahima receives the rejection
Show the result. (3 points)

4. There is an amusement park that restricts entry to people of a certain race. The park sells food and is located approximately 1 mile off of the highway. Conclude whether or not this is valid under the U.S. constitution and demonstrate why or why not.

5. Luis owns a U.S. company and wants to expand into an overseas market. If a United States company wants to expand into a foreign market, what regulations would apply? Examine whether United States law would be applicable to the company’s operation abroad.

6 Iowa passed a statute restricting the length of vehicles that could use its highways. The length chosen was 55 feet. Semi trailers are generally 55 feet long; double or twin tracks (one cab pulling two trailers) are 65 feet long. Other states in the Midwest have adopted the 65-foot standard. Consolidated Freightways brought suit, challenging the Iowa statute as an unconstitutional burden on interstate commerce. The Iowa statute meant that Consolidated could not use its twins in Iowa. The Iowa legislature claims the 65 foot doubles are more dangerous than the 55 foot singles. However, the statute did provide a border exception: Towns and cities along Iowa borders could make an exception to the length requirements to allow trucks to use their city and town roads. Can Iowa’s statute survive a constitutional challenge? Is the statute an impermissible burden on interstate commerce? Demonstrate why.

7. Gillian purchased a TV and shortly thereafter read of the propensity of the TV to overheat and burst into flames. While watching TV, the set exploded and burned. Gillian experienced rippling burns. Will Gillian recover? Analyze the various issues and defenses in the case.

8. Normally it is not possible for an employer who owns a bakery to be liable for the assault committed by an employee on a customer because it is beyond the scope of employment? Provide an example where the employer in the scenario described would be liable.

9. Relate how an agency passes rules? Summarize the process and then state what one could do to oppose or challenge any rules/law. Provide an example in your summarization.

10. What is the difference between the U.S. v. Morrison rape case and Ollie’s Barbecue cases discussed in class regarding interstate commerce? Demonstrate your knowledge by explaining the elements necessary to bring a successful case involving the violation of the interstate commerce clause.

11. Provide three scenarios where a contract can be rescinded, revoked or terminated and then provide an example for each way you have presented.

12 In Midler v. Ford Motor Co., Bette Midler sued Ford for unauthorized appropriation. Explain what appropriation is and state what a person has to prove to win damages for it
. 13. What is ethics? Apply it to a situation currently going on ( at work, in the news, at home, school, etc.) and determine which ethical model would help the most. Provide the elements of the model you chose in your answer.

14 Charles, one of the richest people in the world, was walking down the street in New York City, where he saw a man in tattered clothes on a bench. He said to the man, “if you come around the corner with me to the clothing store, I’ll buy you a nice suit.” Having nothing else to do at the time, the man complied. However, when they got to the clothing store, Charles changed his mind. The man sued, alleging a unilateral contract had been formed: Charles had asked for an act, and the man had performed it. Decide whether this was an enforceable contract. How would you prove or disprove this?

15. Seleena took her car to the muffler shop to have the left muffler of her dual exhaust system replaced. From the waiting room she sees that the worker is preparing to remove the right muffler. Seleena says nothing, hoping that she’ll get a free muffler for the right side. Assess the situation.

16. Mrs. Bonet purchased a glass baking dish manufactured by Walmart. She purchased the dish at a retail drug store in New Jersey. Walmart manufactures its glassware in Ohio and distributes nationally. When Mrs. Phillips removed the baking dish from her oven (while making a casserole), the dish exploded and Mrs. Bonet was injured. Mrs. Bonet’s attorney wants to bring a product liability lawsuit in New Jersey. Walmart does not believe it can be forced to defend a lawsuit in New Jersey because it has no offices there. Can the New Jersey courts take jurisdiction? Demonstrate the liability of Walmart. Discuss an ethical business strategy to minimize liability for claims of product liability and breach of warranty

17. Beyonce has a New York corporation that manufactures jeans, tops, and sweaters. Samantha is her agent. During a trade show, Beyonce told Samantha not to let vendors know that Samantha had a principal. Discuss Samantha’s liability to the vendors if Beyonce did not honor the contracts. What would Samantha’s liability be if she told the vendors that she was working for Beyonce when she signed orders with several stores?

TCO E and H. A private high school hires a new superintendent, George Forester. The school is owned by a local Lutheran church and is run by a board of directors chosen by church members. Supt. Forester shows up for his first day of work and sends a memo via intercompany mail to all teachers:
Dear Staff:
There is a new sheriff in town – and it is me. As your new leader, I am implementing a dress code that includes no slacks or shorts for women and no earrings for male teachers. Men shall all be clean shaven. Violators will be docked 1 week’s pay; second offenses will result in a 1 week suspension without pay and third offenses, dismissal. All teachers will address me as “Pastor Forester” or “Amen, Pastor Forester.” Teachers who fail to abide by these dictates will be docked two points on their annual evaluations. Amen, Pastor Forester.”
That day, one teacher, Anna Seenandfeld has a birthday party at the school, having just turned 40. Her frown at the party shows everyone she is not happy about her party. Pastor Forestor had bought black balloons for her and jokes with the other teachers about the “over the hill” teacher. The next day, Pastor Forester goes into the teacher’s lounge and calls all nontenured teachers into his office. He tells them that he has assigned himself to be their mentoring teacher and that effectively immediately they will be evaluated weekly. One teacher, Anna Seenandfeld, begins to cry. Another teacher, Andy DuFrane, rolls his eyes and says, “God! These menopausal women should not be allowed around our students.” Pastor Forester goes to Anna and hugs her, offering her a tissue. He pats her gently on the behind and whispers, “Act your age, please.” When she forcefully pulls away from him, Pastor Forester assigns her to work Saturday detention for the next 3 weeks to “toughen her up.”
A pregnant P.E. teacher, Lisa Ready, is reassigned by Pastor Forester to a math position (even though she has only three credits in math) because Pastor Forester says this position is “less strenuous for a pregnant lady.”
On the third week of detention duty, a student stabs Anna, wounding her severely. Although she survives and recovers, she loses one kidney as a result of the injury. The school doesn’t offer health insurance, and Anna incurs over $55,000 for her hospital bills; the student (and his family) is insolvent.
One month later, a parent complains about his student being unable to succeed in his math course due to the teacher’s (Lisa’s) incompetence, Pastor Forester fires Lisa Ready for her inability to perform her job. Pastor Forester tells Lisa in front of her class of students, and then walks her out of the building; 2 hours later, Lisa goes into premature labor and delivers her first son, who has severe health issues as a result of being premature. The baby’s doctor states the cause of early labor as being from “intense duress and undue stress.” Lisa’s husband’s health insurance covers all of the costs of the birth and the baby’s care.
Pastor Forester is really not a pastor. His real name is Jerry Birches, a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1,000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. This comes to the attention of the school board, and the president of the board of directors immediately fires Pastor “Jerry Birches” Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background because one member of the board (his aunt Theresa) knew the truth.

1.
TCO E. Anna and Lisa both sue the school and Pastor Forester for discrimination and, further, for liability for their injuries (the stabbing damages and the damages to Lisa’s son’s health). You are on the board of directors and need to analyze the liability of the school. Limit your answer to the school’s liability only.
Write a brief memo as to whether Pastor Forester committed illegal or discriminatory practices in his brief tenure described in this situation. Then, analyze the potential liability of the school. Discuss agency liability, as well as any employment law aspects. Explain whether you feel that the two injured teachers have cases for recovery against the school. Discuss whether the school being a religious, private school has any bearing on or provides protection from liability. Include all defenses available to the school.

TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a pastor. His real name is Jerry Birches, a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1,000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. The president of the board of directors immediately fires Pastor “Jerry Birches” Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors.
The board immediately convenes and discusses “damage control.” It knows you took a law and ethics course recently and asks you to write a memo to the parents of the students, explaining the situation. Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the memo.

TCOs F & G. Laura Etheridge and Rita O’Donnell, the CEO and Creative Director of Clean Clothes (a Texas-based lesbian women’s clothing line) brainstormed together and came up with a tagline for their new slacks line: “Masculine Attitude, Feminine Fit.” They market the product on YouTube, Twitter, and Facebook showcasing their “Funky Femme” slacks collection, made from a material that resembles alpaca wool but is actually organic cotton. To further the advertising impact, the team uses an Ellen DeGeneres look-alike in the YouTube video, where the model does the “Ellen dance” – and mouths “love the pants” as she points to her legs, and then walks off leading an Alpaca by a halter. Within months, the slacks are a huge hit in the lesbian community. Clean Clothes sends a letter to their attorney asking him to trademark their tagline and moves forward without another thought about it.
Meanwhile, Men2Wimmin, a French company with a branch in New York, has established a huge following in the gay and cross-dressing community. It has used the tagline “Feminine Attitude, Masculine Fit” for many years to advertise its drag queen dress collection for men on billboards, the Internet, and television.
Ellen DeGeneres learns that her likeness is being used to advertise for Clean Clothes. She watches the ad and is incensed. She spends the next week on her show bashing the Clean Clothes company and states that she would never endorse the use of Alpaca wool for clothing as she feels shearing them is cruel. (She doesn’t catch that the pants are really made from cotton.) Further, she says she feels that lesbian women should not need to shop at special stores, although she admits she often shops in the men’s department at Joseph A. Bank (JOSB). Her comments cause a precipitous drop in sales at both Joseph A. Bank (JOSB) and Clean Clothes. Using the above fact pattern, analyze the following questions fully.

1.
TCO F. Ellen DeGeneres sues Clean Clothes for the use of a look-alike model for the slacks advertisement. She includes Lanham Act, misappropriation, and “right of publicity” claims in her complaint. Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their men’s clothing sales with her unsolicited comment. What facts will Ellen use to support her cases, and why will those support her cases? What defenses will Ellen have against Clean Clothes’s and JOSB’s countersuits? Do you think any of the three will win their cases? Why or why not?
(Points : 30)

TCO G. It is discovered that 2 weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200). The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade. The swing in the price was not directly tied to her comments but was suspected to be a result of a recall JOSB made on their entire line of men’s black and brown dress slacks when it was discovered that they had been sewn together with white thread. Ellen’s previous trading activity shows that she made it a normal practice to “vigorously trade” the stock of any company with which she did business. A review of her trading activity for the past year showed that she had bought and sold JOSB stock 25 different times, including short sales like this one. Her overall trading for JOSB stock for the last 12 months was a net loss of $82,000.00. Do you think the SEC will file anything against Ellen for her sales of JOSB? Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) and whether she should be concerned. Is her prior trading activity a defense? Should Ellen have avoided discussing JOSB publicly on her show because she typically trades their stock?

For getting the instant digital download solution, Please click on the “PURCHASE” link below to get MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term Set 4 Question and answer

For instant digital download of the above solution or tutorial, please click on the below link and make an instant purchase. You will be guided to the PAYPAL Standard payment page wherein you can pay and you will receive an email immediately with a download link. Please note that in case of technical glitch, the solutions will be emailed to you within 24 hours.

In case you find any problem in getting the download link or downloading the tutorial, please send us an email on mail@genietutorial.com

MGMT 520 Lgl, Poli, Ethcl Dimns of Busn Week 8_Final Term Set 4 Question and answer