LAWS310 Legal Environment Course


LAWS310 Legal Environment Course
Read the summary of Heart of Atlanta Motel v. United States in Chapter 2 and answer…


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LAWS310 Legal Environment Course

LAWS310 Legal Environment Course

A+ Homework Week 1|Quiz Week 2, 4, 6|You Decide Week 3, 5, 7|Discussions Week 1-7|Final Exam

Heart of Atlanta Motel Homework Week 1

 Heart of Atlanta Motel v. United States

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

  1. Why was this case so important?
  2. Why did the U.S. Supreme Court develop the “effects on interstate commerce” test?
  3. Is most commerce considered “interstate commerce”? Why or why not?


The Constitution of the United States is considered as the most fundamental and supreme law of the land.  It superseded the Articles of Confederation, which was the prevailing law at the time the U.S. declared independence from the…

LAWS310 Legal Environment Course

Quiz Week 2

(TCO 1) Explain how the doctrine of stare decisis brings stability to the legal system. (Points : 10)

The doctrine of stare decisis brings stability to the legal system promoting a…

(TCO 1) How does the law maximize individual freedom? (Points : 10)

The law guarantees that individuals enjoy a maximum amount of…

(TCO 2) Analyze the business environment that led to the enactment of the Sarbanes-Oxley Act. (Points : 10)

The Sarbanes-Oxley’s sudden enactment was predicated by a slew of…

(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.(Points : 10)

A member’s ownership interest in an LLC that entitles the member to…

(TCO 3) In a corporation, the first duty of management is a fiduciary duty to shareholders. Why is that a higher duty than to customers? (Points : 10)

The duty is higher for the shareholders than to the customers because the shareholders and management have a…

(TCO 3) Provide reasons why a majority of American corporations are incorporated in Delaware. (Points : 10)

The state of Delaware is the corporate haven of the United States. More than 50% of the…

(TCO 2) Discuss the criticism of Kantian ethics with an example. (Points : 10)

Kantian ethics is based on the premise that people can use…

(TCO 1) Describe the structure of the federal government. (Points : 10)

The U.S. Constitution created three branches of government with different…

(TCO 1) Discuss the need for and significance of the U.S. courts of appeals. (Points : 10)

The U.S. courts of appeals are the federal court system’s intermediate appellate courts. There are…

(TCO 3) Analyze, in brief, the rights of general partners. (Points : 10)

The partners of a general partnership have the following rights.  Right to participate in management: In the absence of…

LAWS310 Legal Environment Course

What is Business Formation?  You Decide Week 3


Gloria Smithson and her husband Joe have created a revolutionary widget that they believe will revolutionize the industry. Joe Smithson is an engineer, and he and Gloria worked steadily for approximately 1 year to develop the design. They have applied for a patent, which is currently pending. They have created prototypes and are ready to begin looking for manufacturers and accounts. However, they have not yet created a business and are not sure which type of entity will best serve their needs. They want to create a business that can grow steadily and perhaps expand globally. Gloria has researched accounting firms and believes she has found one that will be able to answer all of her questions. She wants to develop a long-term relationship with an accountant who regularly works with start-up businesses and who has global connections.

Your Role

You are a business planner and accountant. Your expertise is in helping clients evaluate business formation options and business strategy. You have cultivated many international contacts in a variety of fields, including manufacturing. You believe that you will be able to help Gloria find appropriate manufacturing options abroad as well as companies in several countries with which she might want to partner. You have created an extensive memorandum that outlines the various business entity options, the strengths and weaknesses of each, as well as suggestions concerning global expansion. Gloria has come to you to get some advice on which business entity best suits her needs and objectives.

Key Players

Gloria Smithson

Gloria regularly used widgets* in her position as a manufacturing supervisor at Energy Efficiency Ltd. An engineer by education, she spent evenings designing a newer, better, and more efficient widget that would revolutionize the energy industry. When she felt confident that she had perfected the design, she and her husband Joe fabricated a prototype. When the prototype functioned as they intended, they hired a lawyer to file design and utility patent applications. Now, 18 months later, their attorney told them that they have been granted provisional design and utility patents. Gloria is confident that she is ready to start her business, and she wants to quit her current job to do so. Gloria knows the business will start small but believes that it will grow into a multimillion-dollar company with many employees. She wants to minimize the taxes the business pays, and she wants to make sure that she and her family are insulated from personal liability for debts of the business, or liability in the event of injury caused by the widget.

Joe Smithson

Joe is Gloria’s husband. He is also an engineer and agrees with Gloria that they should start a business, but he is not willing to quit his job at this point to help Gloria. They need to have at least one steady income, and they rely on Joe’s job benefits like health insurance and his 401k. They borrowed money from Joe’s 401k to manufacture the prototype widget, and they paid the patent application fees and their attorney’s fees from those funds.

Gerald Wilson

Gerald is Gloria’s father. He is retired but is willing to invest some money into Gloria’s business. However, he wants to have some control over the business and wants his investment to be considered a loan that Gloria’s business would have to repay with interest.

Nancy and Roger Forrester

Nancy and Roger are childhood friends of Joe’s. They learned about the new widget when they were at the Smithsons’ home for a BBQ and saw the prototype on the kitchen counter. They are independently wealthy and consider themselves to be venture capitalists; they invest money into new businesses they believe will be profitable. They want to invest money into Gloria’s business but don’t want to have any day-to-day responsibilities for running the business.

Gloria is very concerned about insulating herself and her family from personal liability. You are a business planner and accountant. Gloria has come to you to get some advice on which business entity best suits her needs and objectives. For this assignment, you will prepare a three- to four-page memo to Gloria Smithson to advise her on which business entity you recommend she choose based on her situation and your research.

Prepare a paper that addresses the elements below.

  1. Identify three business formations that you believe Gloria could consider as appropriate for her business.
  2. Define each chosen business formation.
  3. Explain at least three pros and three cons for each potential business formation.
  4. Using the course material and the DeVry Library, research which business formation would best insulate Gloria and her family from potential liability.
  5. Your paper will be graded using the Week 3 You Decide Rubric.


In today’s world, putting up one’s own business is better than becoming an employee considering that people can come up with various business ventures and ideas.  However, not everyone who puts up their own business succeed primarily because of failure in identifying the correct business structure for their endeavor.  To get the most out of a small business venture, it is crucial to choose the perfect structure that…

LAWS310 Legal Environment Course

Quiz Week 4

(TCO 4) Compare and contrast the termination of an agency by impossibility of performance and termination of an agency by operation of law. (Points : 10)

An agency relationship terminates if a situation arises that makes its…

(TCO 4) A religious organization employing members for its association requires its applicants to be of the same religion, and to be modest in dress and grooming. Does the organization’s requirement discriminate applicants of other religions? (Points : 10)

Title VII expressly permits religious organizations to give preference in…

(TCO 5) How does the Securities Act of 1933 regulate the initial public offerings of companies going public? (Points : 10)

The Securities Act of 1933 is a federal statute that primarily regulates the…

(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? (Points : 10)

Sometimes two or more firms act the same, but they have done so…

(TCO 4) How can an individual assert that he or she has been discriminated against with disparate treatment by an employer? (Points : 10)

Disparate-treatment discrimination occurs when an employer treats a…

(TCO 4) Discuss the importance of providing a notice of termination for an agency. (Points : 10)

The termination of an agency extinguishes an agent’s actual authority to…

(TCO 4) Explain the circumstances under which the Department of Labor defines child labor as not violating any law. (Points : 10)

The Department of Labor has adopted the following regulations that define lawful…

(TCO 5) Explain the intrastate offering exemption and the requirements that need to be met for it to occur. (Points : 10)

The Securities Act of 1933 provides an intrastate offering exemption that permits…

(TCO 5) What elements of direct price discrimination must be shown in order to prove a violation of Section 2(a) of the Robinson-Patman Act? (Points : 10)

To prove a violation of Section 2(a) of the Robinson-Patman Act, the following elements of…

(TCO 5) Define the characteristics of a group boycott and provide an example of when it would be appropriate. (Points : 10)

A group boycott could be a group boycott by sellers or a group boycott by…

LAWS310 Legal Environment Course

Evaluating the Requirements for a Valid Contract and Contract Clause Considerations You Decide Week 5


In this assignment, you will evaluate the requirements for a valid contract and contract clause considerations.

Your Role/Assignment

You are a business planner and accountant. Part of your expertise is in helping prospective business owners evaluate the various manufacturing and supplier options available based on the product they manufacture. You have a long history of working with widget manufacturers, which is why Gloria is meeting with you. Additionally, you are an expert in global business issues and can help Gloria review foreign supply options, including the applicable laws, customs regulations, and tax implications of using a foreign supplier versus a domestic supplier. Gloria has come to you to get some advice on which supplier will best meet her needs and objectives.

Key Players

Gloria Smithson
Gloria’s business is doing well. She has been manufacturing widgets in the United States, however, the costs for the raw materials have increased 200% with her current supplier. She has found a new U.S. supplier—Greenleaf Manufacturing—that is willing to negotiate costs with her. Gloria has scheduled an appointment with its CEO, Richard Franklin. She is also considering manufacturing her widgets overseas. She traveled to China and met with Jun Chin, who is interested in the contract. She also went to Brazil and met with Mateo Bonilla, who also discussed production with her. Currently, Gloria has been selling approximately 12,000,000 widgets per year, but she recently got a purchase order from a large retailer for 8,000,000 widgets and a guarantee for a minimum of 13,000,000 widgets over the next 24 months. The purchase order states that continued business is dependent on paying no more than $7.34 per widget. Gloria’s current cost to manufacture widgets is $6.22 and she has been selling them for $9.18. Doing business with this large retailer will take Gloria’s business to the next level, but she has to get her costs down.

Richard Franklin
He is the CEO of Greenleaf Manufacturing, which is a company located in the same state as Gloria’s business. He has submitted the following proposal to Gloria Smithson: He will manufacture up to 6,000,000 widgets per year at a cost of $6.37; another 6,000,000 widgets per year at $5.41; and a final 6,000,000 widgets per year at a cost of $5.01 each. However, Greenleaf’s proposal contains a clause that requires Gloria’s acceptance by 5:00 p.m. on March 3, 2014.

Jun Chin
She is the CEO of Sunrise Ltd. in Quanzhou, China. Her company has recently begun doing business with American companies. Ms. Chin is able to manufacture 100% of the widgets Gloria Smithson needs annually at a cost of $4.01 each.

Mateo Bonilla
He operates Groupo Embraco. Groupo Embarco has never done business with an American company, but like Gloria Smithson, he wants to expand his business. Presently, it can supply Gloria with 10,000,000 widgets annually at a cost of $3.83. Bonilla is willing to expand his operations in order to manufacture more widgets.

You are a business planner and accountant. Gloria has come to you to get some advice on which supplier will best meet her needs and objectives. Prepare a paper that addresses the following.

  1. What elements are necessary for a valid contract to exist? Define what constitutes a “valid offer.”  Evaluate each proposal and discuss whether each of the offers constitutes a valid offer. Why or why not?
  2. Each proposal involves a different country. What are the particular concerns for Gloria in doing business in other countries? What contract provisions does she need to include in any business contract in order to protect her business?
  3. How can Gloria continue to protect herself and her family from personal liability if she obtains her widgets from a foreign manufacturer? Use your textbook and library references to answer these questions. Evaluate each proposal. Does it constitute an offer?

Assignment Requirements

  1. When preparing your responses, please use the facts provided in the You Decide and the following resources: (1) the assigned reading and (2) the DeVry Library.
  2. Your paper will be graded using the Week 5 You Decide Rubric.
  3. Your paper should be four to five pages long, exclusive of the cover page and references page, and it should be double-spaced. It should comply with APA 6th edition formatting.
    1. Cover page
    2. References page
    3. 12 point, Times New Roman font
    4. No website references
    5. Include at least three scholarly references in addition to your textbook
    6. Include in-text references to sources


A contract is an agreement between two or more parties.  It includes a negotiation process that details terms and conditions that the contracting parties must abide to.  Businesses use contracts to uphold the level of service they entered into or as an assurance that competitors…

LAWS310 Legal Environment Course

Quiz Week 6

(TCO 6) What are the three major sources of contract law, and how do they affect contract law? (Points : 10)

There are several sources of contract law in the United States, including

(TCO 7) What are the elements that must be shown to prove that a contract is unconscionable? What is the course of action taken by a court if a contract is found to be unconscionable? (Points : 5)

The following elements must be shown to prove that a contract or a clause in a contract is…

(TCO 7) Discuss a situation where a legal right can be assigned to a third party, and provide an example. (Points : 5)

The right to sue another party for a violation of personal rights cannot usually be…

(TCO 7) The parties negotiated the sale of 100 black folding. The seller shipped the chairs to the buyer in cartons of 10 chairs each. After the cartons arrived, the buyer put them in a storage facility for later use but did not open up the cartons or examine the contents. A month later he needed 10 chairs for meeting and he retrieved one carton and removed the 10 black folding chairs. He subsequently used an additional 50 chairs, all of which were black. Six months later he opened the remaining four cartons and discovered that the folding chairs were a dark blue. He sued the seller for breach of contract. What are the possible remedies?(Points : 5)

I believe that it possible for the buyer to be reimbursed for his purchase due to…

(TCO 6) Explain, in brief, express terms and their significance. (Points : 5)

Most offers and contracts set forth express terms that identify the…

(TCO 6) List the four ways in which an offer can be terminated by operation of law, and explain them in brief. (Points : 10)

(1) Destruction of the subject matter: An offer terminates if the subject matter of the….

(TCO 7) Discuss the consequences of the failure to provide a notice of assignment on the assignee, and provide  an example. (Points : 10)

When an assignor makes an assignment of a right under a contract, the assignee is…

(TCO 7) Frank and Melanie enter into a sales contract for a period of six months. After three months, Frank and Melanie agree to extend the contract for an additional 12 months. In the context of this scenario, discuss the rule that requires this contract to be in writing at the time of modification of the contract. (Points : 5)

According to the Statute of Frauds, an executory contract that cannot be performed by its own…

(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? (Points : 10)

Any oral or written words outside the four corners of a written contract are known as…

(TCO 7) Discuss with an example a situation where a court may permit rescission of a contract based on undue influence. (Points : 10)

The courts may permit the rescission of a contract based on the equitable doctrine of…

(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? (Points : 10)

By definition, a person who is under contractual incapacity because of…

Code of Ethics You Decide Week 7

LAWS310 Legal Environment Course

Code of Ethics You Decide Week 7 


In this scenario, you will evaluate the Code of Ethics to determine if John Anderson has violated International Widgets’ Code of Ethics by engaging in business with a competitor.

Your Role

The human resources department worked with management to carefully craft a Code of Ethics. All employees received a copy of the code and were required to sign off stating that they had read the code and agreed to abide by its conditions. If an issue concerning an employee occurs, the human resources department investigates. As the assistant director of human resources, you are asked to evaluate an employee’s behavior. You meet with Gloria Smithson to obtain all information needed to begin your investigation.

Gloria Smithson

Gloria has now been in business for 2 years. Her business is called International Widgets, and she employs more than 300 people in the business headquarters. In the early stages of the business, she created a Code of Ethics to govern employees’ behavior. Recently, one of her salespeople, John Anderson, seems to be underperforming. Historically, he has been a stellar employee and salesperson, bringing in new clients every month. However, over the last 6 months, not only has he not brought in any new business, but 30% of his accounts have gone to a competitor. Even with this downturn, John was on the road 5 days a week and continued to submit expense reports. Is this ethical?

Janice Marshall

Janice is the director of human resources at International Widgets. Recently, Janice met with Gloria to let her know of a rumor in the company that John was actually steering some of his accounts to a competitor because the competitor gave him a kickback.

John Anderson

John has been employed by International Widgets for 14 months. He likes his job but was recently approached by a competitor with an offer he could not refuse. The competitor wanted to expand his domestic market and asked John to work with him for a few months. He asked that John provide him with the names and phone numbers of the customers he services. He said he didn’t want John to get into trouble with International Widgets so he would contact the customers and not John. However, he told John that for every customer who left International Widgets, John would receive a “1% payment from the customer’s first order.” John didn’t think he was doing anything wrong. He has two children in college and needs the extra money, plus he could continue to try to work with the customer to stay with International Widgets.

Key Players


You are the assistant director of human resources. Janice Marshall has asked you to review the Code of Ethics to determine if John has violated its provisions. You are to prepare a paper that addresses the following.

  1. Evaluate International Widgets’ Code of Ethics at the conclusion of the You Decide scenario. Are there any provisions which would prohibit John’s behavior? Please explain.
  2. In addition to a possible ethics violation, are there other legal avenues that International Widgets could pursue against John or its competitor? Review your textbook and library references to assist you in answering these questions.
  3. Is John in a fiduciary relationship with International Widgets? Why or why not? Is he an agent of International Widgets? Identify the duties and responsibilities of an agent and whether or not John is fulfilling those obligations. Review your textbook and library references to assist you in answering these questions.
  4. What action should Gloria take involving John?


Code of Ethics determines how individuals, particularly employees, should act in accordance to agreements set with the company they work for.  Code of Ethics espouse that employees’ actions are always for the protection of the interests of the employers and the clients above one’s own interests.  Therefore, they are…

LAWS310 Legal Environment Course

Discussions Week 1-7 All Students Posts 532 Pages

Sarbanes-Oxley and Corporate Social Responsibility Discussions Week 1 All Students Posts 78 Pages

Sarbanes-Oxley – 39 Pages

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?  Does having a business code of ethics mean that employees of the business are more ethical?  Why or why not…?

Review your employer’s code of ethics.  What provisions did you find to be the most interesting and why…?

Many in society argue that white collar criminals seem to face favorable treatment in the court system while blue collar criminals receive harsher punishments.  Do you agree or disagree with this belief?

Let’s look at someone choosing to be silent….Silence in a situation can create quite a bad situation with the SOA… take Enron for example.. too many people did not say anything and look what happened….

As a direct result of Enron and other corporate scandals, many business schools throughout the
United States are now including classes on ethics in their curriculum. What do you think about this in our discussion this week?  Should there be a law (much like a good Samaritan law) that would hold someone accountable if they didn’t say something?  Why or why not?

Why should a law have to passed to require people to do the “right” thing in business.. and what ethical philosophies contribute to your answer and why?…

Corporate Social Responsibility – 39 Pages

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.

Noted economist Milton Friedman argued that businesses are in business solely to make a profit, and that the only social responsibility of a business is to make a profit.
Do you agree with Friedman’s position and how can you relate it to our discussion question?  Do you think it like the domino effect where one organization does something so the next one has to do something too? If so… can you provide an example?

Which ethical philosophies do you think for the basis for the American legal system; utilitarian, categorical imperative, hedonism for example?  What is stare decisis and why is it so significant to the American legal system (be sure to provide examples to illustrate your definition)?

Can you locate a corporate code of ethics, either from your employer or another one…. What types of behavior are addressed?  Was there anything that surprised you in it?

Business Formations and Fiduciary Relationship Discussions Week 2 All Students Posts 73 Pages

Business Formations – 31 Pages

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.

Starting a business is tough.. no matter what the market… do you think that people get sufficient legal advice before they start a business?  Why or why not?  Why is a “Limited Liability Company” (LLC) such a popular business formation?

Given the various legal entities available for business organization, such as corporations, sole proprietorships, limited liability companies, etc., propose an appropriate entity for a one-person, professional-service start-up operation, assessing typical merits and risks associated with this endeavor.
With that in mind, please consider the following scenario:
Howard just graduated from horticultural school. He received all A’s in his classes and is extremely talented at landscape design. He now wants to open his own landscaping business. He does not have much money, but he does have a lot of enthusiasm and ideas. He thinks he will have to hire at least a few employees during the busy seasons but may not be able to keep them on the payroll year round.
What business formation should he consider? Why? What are the benefits? What are the negatives?

General partners can come about in business a lot… and each partner has rights…In general.. what are the rights of a general partner…. And also, should partners put their partnership in writing… ?Why or why not…?

LAWS310 Legal Environment Course

Fiduciary Relationship – 42 Pages

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. What business employees are fiduciaries? Thoughts?  What is the fiduciary relationship that you describe here.. when a company goes bankrupt? Is there a duty or can the corporate officers just walk away? Why or why not?

What legislation has been passed to provide greater accountability for fiduciaries?

An agent has a lot of duties when it comes to acting as a fiduciary…What would be the duty of loyalty as it pertains to here….?Why is it something that we want to look at when talk about these relationships?Thoughts?

Can you describe a situation where you have been involved with this type of relationship now that you know what it is?…

BFOQs – 41 Pages

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

Now.. women still earn 77 cents for every dollar that a man makes… with so many advances in job equality… and discrimination…. Why do you think this persists?  Thoughts?

What about jobs that are geared towards men versus women.. for example, women as prison guards…
Are women in an uphill battle with these jobs?  Do you think that the women who go forward with the position knowing that some are against it.. that they may be subject to harsher treatment, “just to show her how tough it is”…. Or… do you think folks may look out for her given the situation…. what are the dangers of either of these situations occurring…? Or… something else….? If you were in charge of the situation, what would you do if you saw what you thought could be construed as BFOQ gone wrong?

In a male prison, would a bona fide occupation be that all guards must be male?  Or.. in a female prison, would it be discriminatory to require all guards to be female? Thoughts? What is BFOQ and does that have a play in a situation such as working at Hooters… why or why not is BFOQ acceptable?…

LAWS310 Legal Environment Course

Agents versus Independent Contractors – 38 Pages

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

What are the liabilities of the principal when it comes to the independent contractor?  Why is this an important thing to understand…?

Are there advantages?  To either the employer or the worker if he or she is designated and independent contractor…? Why or why not…?  What is the degree of control mean in the concept of being an independent contractor…? How important is this in deciding if there should be independent contractor or employee…? Thoughts?  If a dispute happens and either party is not happy…who (or what agency) become the investigator…who is the one that decides who is responsible for negative actions?

If an agent has permission to act on behalf of a principal… and the agent does things that they “feel” are in the best interest.. however, in reality they hurt the principal’s position.. who’s to blame?
Is it the principal because they gave them consent to act on their behalf?  Or is it the agent because they didn’t use that power wisely?…

Securities and Exchanges Act and Antitrust Laws Discussions Week 4 All Students Posts 72 Pages

Securities and Exchanges Act – 35 Pages

What was the purpose of the Securities and Exchanges Act of 1933 and do its provisions actually protect investors? Why or why not?  Are there sufficient safeguards in the law to ensure the veracity of the information companies provide in the prospectus?

Not all offerings of securities must be registered with the Commission. Some exemptions from the registration requirement include:

  • private offerings to a limited number of persons or institutions;
  • offerings of limited size;
  • intrastate offerings; and
  • securities of municipal, state, and federal governments.

By exempting many small offerings from the registration process, the SEC seeks to foster capital formation by lowering the cost of offering securities to the public. Is the CGC transaction a private offering or would it be considered a limited size…?

“Offering” registrations are used to register securities before they are offered to investors. The registration of a security, a preliminary prospectus contains preliminary information that will be in the final prospectus. Included in registration statements are:

  • Description of Securities to be Registered
  • Use of Proceeds
  • Risk Factors
  • Determination of Offering Price
  • Potential Dilution
  • Selling Security Holders
  • Plan of Distribution
  • Interests of Named Experts and Counsel
  • Information with Respect to the Registrant (description of business, legal proceedings, market price and dividends on common equity, financial statements, Management Discussion and Analysis, changes in and disagreements with accountants, directors and executive officers, security ownership of certain beneficial owners and management and certain relationships and related transactions).

Does this affect your answer?  Why or why not….?

LAWS310 Legal Environment Course

Antitrust Laws – 37 Pages

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?  Why is government approval required when two large companies propose a merger?

Can government even come close to regulating anticompetitive practices in a digital age? Thoughts? However, in the spirit of debate… is there an example where a merger and/or acquisition actually treated the consumer well?

The Sherman Antitrust Act and the Clayton Act both work together to eliminate antitrust activity in the United States. Why do we need both Acts? What is the difference between the two?  Have the Sherman Anti-Trust Act and the Clayton Act been failures?
We know what the Sherman and Clayton Acts do and we know the government has used them. In fact, the government spent millions of dollars breaking up the monopoly AT&T had on telecommunications in the 70s. What happened to the Baby Bells? And, what about AT&T? Was this an exercise in futility or do government officials think the consumer public is stupid?…

Contract Formation and Intent Discussions Week 5 All Students Posts 63 Pages

Contract Formation – 33 Pages

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. Can you think of any other situation where there is a legally binding contract, but ethically, maybe another choice should have been made? What roles do the dates of a contract play in an offer, counter offer, revocation or an acceptance of a contract? What are “express terms” and how do they play into our conversation here?  How does a court evaluate whether a contract exists if it is an oral agreement, particularly when the parties disagree about the terms?

What if the person put the decimal point in the wrong place.. so instead of $1000.00 they put $100.00 dollars….? Is there legal recourse? Thoughts?

Intent – 30 Pages

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?

Can you have a legal binding contract based on a verbal acceptance and offer….? If so.. explain with an example…What does death or incompetency of the offeror or offeree have to deal with a contract when it comes to ending a contract in a legal sense?

Juveniles who enter contracts may disaffirm the contract when they become adults, however, they are still obligated to pay for necessaries.  What goods and services would be considered necessaries Thoughts?  Why did a legal concept, such as promissory estoppel, develop? How does it protect parties to a contract? Thoughts?

What has to occur in order for a contract to be considered unconscionable? Could there be a situation where the concept of promissory estoppel is abused in its use? Could someone be “looking” for  way out of a contract and thus make a promissory estoppel case?…

LAWS310 Legal Environment Course

Oral Agreements and Mitigation of Damages Discussions Week 6 All Students Posts 77 Pages

Oral Agreements – 40 Pages

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.

In order to put together a contract, we first need to understand different types of Contracts. What are the different types of contracts?  What is the Restatement of Contracts?

Let’s talk about the Statute of Frauds. This concept requires that any contract that transfers an ownership interest in real property must be in writing to be enforceable. What are some other contracts that transfer an ownership interest in land and must be in writing under the Statute of Frauds?

What are the challenges in being able to prove an oral contract?  Knowing these challenges will help us prove our positions if we find ourselves in this situation…

How about punitive damages…Are punitive damages awarded in contract actions? Why or why not?Under what circumstances?  Are tort cases costing too much? Are Americans too litigious? Is it time for tort reform? What do you think?

LAWS310 Legal Environment Course

Mitigation of Damages – 37 Pages

What is mitigation of damages? Why does the law impose a duty on the nonbreaching party to mitigate damages?  What is the difference between mutual mistake of a material fact and mutual mistake of value?

What is the difference between mutual mistake of a material fact and mutual mistake of value?  Do you have an example to share? As we know, contract law is very important to our economic system here in the United States. Of course, we do not always agree with each other as to what a contract might or might not have said or even whether a contract is valid.  In those instances, what law governs our contractual disputes?  What effect do you think courts might give to the “time is of the essence” clause in this  contract? Can you give an example of someone that has breached the “time is of the essence” clause, or will the court overlook it?

Let’s talk about damages…..a party who prevails at trial gets a judgment for damages. What remedies are available to a party to enforce that judgment?…

Internet Issues and Deception on the Internet Discussions Week 7 All Students Posts 90 Pages

Internet Issues – 45 Pages

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.

What is the E-sign Act and how does it recognize electronic contracts as equivalent to written contracts?

Do you think it is fair that if someone isn’t aware of all the rules… that deal with technology.. that they are held responsible… or should the contract have more due diligence in having folks understand the terms and provisions?  How about jurisdiction for ecommerce…How do parties who negotiate via the Internet address jurisdiction for a lawsuit?

Now with so much in cyberspace.. is copyright infringement a larger problem to deal with?  If so.. how do you manage such an expansive animal?…

Deception on the Internet – 45 Pages

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?

What can be done to hold a person accountable for things that may be said online?  How about the comfort some have online? 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?

The Internet causes a great deal of potential for fraud….can you explain how parties who have not met face-to-face can minimize the possibility that there will not be fraudulent misrepresentations?

Is there any way to circumvent the web contract?  Can you claim anything different than a remedy from a written contract than a web one?…

LAWS310 Legal Environment Course

Final Exam

(TCO 7) In many situations, the party obligated to perform under a contract may delegate his duty to perform to a third party. However there are two types of contracts where the obligor may not delegate the duty to perform. Identify the two types of contracts that may not be delegated and provide an example of each. (Points : 50)

A contract may not be assigned or have its duties delegated when either….

LAWS310 Legal Environment Course

(TCO 8) What are some of the criticisms about the North American Free Trade Agreement (NAFTA)? (Points : 25)

The North American Free Trade Agreement (NAFTA) has eliminated and…

(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)

The Securities Exchange Act of 1934 is a federal statute that is primarily designed to….

LAWS310 Legal Environment Course

(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)

Hagues & Hilgendorf signed a listing agreement, in which was stated that…

(TCO 1) One of the rights specifically granted by the First Amendment to the Constitution is freedom of speech. While this right is usually recognized as belonging to individuals, the First Amendment also encompasses commercial speech. Provide a definition of commercial speech, as well as an example of commercial speech that is protected, and an example of commercial speech that would not be protected by the First Amendment. (Points : 25)

Commercial speech is a legal term from the US constitution which relates to speech done on behalf…

(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)

The reason why the official federal government of the United States can enter into a treaty with a…

LAWS310 Legal Environment Course