LAW 421 Final Exam

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LAW 421 - FINAL || 100% Correct Solutions ||
1) Which of the following does not result in a decision rendered by the hearing
officer? (Chapter 4)
A. Arbitration
B. Mediation
C. Med-arb
D. Using expert evaluators
2) Jurisprudence is defined as
A. adjudication of law suits
B. the enactment of laws by a government body
C. the science and philosophy of law
D. the duties and obligations owed by a citizen
3) The state of Kansas has enacted a new law requiring all commercial trucks
driving on Kansas roads to have special mud flaps installed. These mud flaps have
been proven to make driving in the rain significantly safer due to reduced mist
created by trucks driving in the rain, although data regarding accidents and injuries
has not yet been determined. Any truck entering Kansas must have these flaps
installed or will be subject to a significant fine and delay. The cost for purchase and

installation of these flaps is $1,000 per truck. In short, trucks must have these flaps
or go around the state. This Kansas law (Chapter 2)
A. is valid because it only applies to Kansas roads and such a law is entirely
intrastate
B. is valid because Kansas's right to protect its citizens under its police powers will
override any outside challenges to this law
C. is invalid because this law is intended to regulate interstate commerce, an
enumerated federal power
D. is invalid because although on its face it's an intrastate law, this statute will have
a significant economic effect on interstate commerce causing an undue burden
4) The power of preemption is derived from
A. the power of judicial review
B. the Commerce Clause
C. the Necessary and Proper Clause
D. the Supremacy Clause
5) What is the main problem with international courts? (Chapter 25)
A. Finding judges who understand the complexities of international law
B. Creating a body of law that reflects multiple legal systems
C. Enforcing a ruling on sovereign nations is difficult
D. Lack of recognition from the U.N. and WTO
6) Under the U.S. legal system, subject to some exceptions, costs of litigation
regarding both the plaintiff and defendant (Chapter 1)
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A. are all paid by the loser

B. are all paid by the winner
C. are paid for by each side with the plaintiff and defendant paying for their own
legal costs
D. are totaled by the court and then for fairness, split in half with each side paying
an equal amount
7) Generally, torts law is governed by (Chapter 9)
A. state statutory law
B. state common law
C. federal statutory law
D. constitutional law
8) Assumption of risk is a defense to
A. conversion
B. negligence
C. defamation
D. battery
9) The three stripes on Adidas clothing represents a
A. trademark
B. trade dress
C. trade secret
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D. patent
10) The color or shape of an item, if distinctive, is a (Chapter 24)
A. trademark
B. trade dress
C. copyright
D. patent
11) Cyber squatting describes the practice of
A. registering multiple domain names and then selling them back to companies at
inflated prices
B. hacking into a company's website to install a virus or Trojan horse designed to
steal information but allow the site to continue operation
C. using mechanical devises to access a company's website multiple times to the
point that traffic to the site is slowed or blocked
D. hacking into a company's website to install a virus designed to cause the
company's website to totally cease operation
12) The Digital Millennium Copyright Act (1998) provided each of the following
protections EXCEPT (Chapter 24)
A. manufacturers of CD-Writers were required to pay 2% of their sales into a fund
to be distributed to copyright holders because the CD-Writers could easily copy
music and other copyrighted works
B. civil and criminal penalties were established for those who sell or manufacture
products or services that circumvent antipiracy software

C. restrictions were placed on analog recorders and camcorders that lack antipiracy
features
D. ISPs were relieved of liability for copyright infringement by their users as long
as the ISP had no knowledge of the infringement
13) When Maria comes home from work, she finds that her yard has been mowed
and trimmed. An hour later, a man comes to her door to collect payment for the
yard work. Maria refuses to pay him because she has never seen him before nor
had she hired him to do the work. Which of the following is accurate? (Chapter 6)
A. This is an implied, unilateral contract, so she must pay.
B. Maria has received unjust enrichment so a quasi contract is formed, so she must
pay.
C. The court would make Maria pay the reasonable cost of the work to be fair to
both parties.
D. Maria would not have to pay anything.
14) Where a promise can only be accepted by the performance of the person to
whom it is offered is an example of a/an (Chapter 6)
A. bilateral contract
B. unilateral contract
C. implied contract
D. quasi contract
15) Each of the following is a discharge by mutual consent EXCEPT (Chapter 7)
A. accord and satisfaction
B. notation
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C. rescission
D. frustration of purpose
16) Harry sees an AK-47 automatic assault rifle in a gun shop window. He inquires
about the price and is told that it is $2,500. Harry signs a contract promising to pay
the $2,500 on Friday, taking possession of the rifle when payment is made. On
Thursday, a law is enacted making the ownership, sale, or possession of an
automatic rifle illegal. This contract (Chapter 7)
A. automatically terminates due to impossibility
B. automatically terminates due to impracticability
C. automatically terminates due to frustration of purpose
D. is enforceable and not affected by the new law because it was entered into
before the law took effect
17) Which of the following is rarely awarded in contracts cases?
A. Consequential damages
B. Compensatory damages
C. Punitive damages
D. Liquidated damages
18) Which of the following is classified as an equitable remedy? (Chapter 7)
A. Consequential damages
B. Reformation
C. Restitution
D. Liquidated damages
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19) Which of the following would not be considered tangible? (Chapter 8)

A. A car
B. Oxygen
C. The right of ownership
D. The pen or pencil you are using
20) With regard to consideration in a sales contract, the UCC differs from the
common law in that (Chapter 8)
A. consideration in a sales contract may be modified without additional
consideration
B. consideration exchanged must be equal or very closely equal in sales contracts
C. consideration is not required in sales contracts
D. consideration in a sales contract may be modified as long as additional
consideration is provided
21) The UCC will permit an incomplete or slightly ambiguous contract to be
enforced using each of the following criteria EXCEPT (Chapter 8)
A. past commercial conduct
B. industry standards or norms
C. judicial input of any terms necessary to maintain fairness
D. correspondence or verbal exchanges between the parties
22) Two merchant companies have entered into a contract for the sale of goods but
have had no prior dealings, which would establish a course of conduct between
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them. The UCC will allow gap fillers to apply to their contract regarding missing
terms in each of the following situations EXCEPT (Chapter 8)
A. they have failed to specify when payment for the goods is to be made
B. they have failed to specify where delivery of the goods is to be made
C. they have failed to specify the quality or grade of the goods to be delivered
D. they have failed to specify the price of the goods to be delivered
23) When a buyer rejects nonconforming goods and purchases the appropriate
goods from a different seller, this is an example of which of the following:
(Chapter 8)
A. Cover
B. Specific Performance
C. Lawsuit for Money Damages
D. Revoking Acceptance
24) Which of these is not a requirement for disclaiming a warranty? (Chapter 8)
A. Statutory authorization
B. A conspicuous writing
C. Explaining why the warranty is being disclaimed
D. Including the word merchantability if merchantability is to be disclaimed
25) "What if everyone took these same actions" is a question sometimes called the
(Chapter 5)
A. universalization approach
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B. utilitarian approach
C. functionality approach
D. morality approach
26) The utilitarian approach to moral philosophy was founded by (Chapter 5)
A. Jeremy Bentham
B. Immanuel Kant
C. Cicero
D. Kenneth Lay
27) Stan is an investment manager. He has received money from various investors
with a promise of very high returns on their investments. The invested money is
not supplying enough capital in order to pay the returns promised, so he has started
using new investor's money to pay older investors. By advertising and by word of
mouth, people are anxious to invest with Stan because of the money being paid,
and with the influx of new investors, he is able to continue operating. Stan is
(Chapter 22)
A. operating an insider trading operation
B. racketeering
C. guilty of conspiracy to defraud
D. operating a Ponzi scheme
28) Ben is the manager of a branch of a large bank. He has regularly taken money
from customer's accounts for his own use and changed the bank records to cover
his actions. Ben is guilty of
A. a conspiracy
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B. a Ponzi scheme
C. racketeering
D. embezzlement
29) The Sarbanes-Oxley Act (2002) imposed stricter regulations on how
corporations do business through regulations in each of the following areas
EXCEPT (Chapter 16)
A. tax compliance
B. financial reporting
C. corporate governance
D. auditing
30) Joan is the CFO of Para Corp. and is a year from retirement. In order to
guarantee herself a very substantial bonus and to boost her retirement package, she
knowingly certifies false financial reports making the company appear to be much
more profitable than it really is. She further takes steps to assure that the financial
report was not reviewed through internal controls maintained by Para Corp. Under
the provisions of the Sarbanes-Oxley Act (2002), if her fraud is NOT part of a
larger scheme, what criminal penalties are possible for Joan? (Chapter 16)
A. $1 million in fines and up to 10 years in prison
B. $2 million in fines and up to 12 years in prison
C. $5 million in fines and up to 15 years in prison
D. $10 million in fines and up to 20 years in prison

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Week 1
Description
LAW 421 - Week 1 - Complete
DQ 1. What are some examples of alternative dispute resolutions (ADRs)? What
are the advantages and disadvantages associated with ADR versus litigation? What
are some examples of arbitration that can occur in your professional and personal
life? Explain.
DQ 2. What are the differences between substantive law, procedural law, criminal
law, civil law, common law, and statutory law? Provide examples of each. What
U.S. Constitution amendments were implemented to protect the rights of
businesses and organizations?
DQ 3. What are the three branches of government and their functions? How are
powers balanced in the U.S. government? How does each branch of government
make laws? Provide examples.
Individual Assignment - Role and Functions of Law Paper
Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, section 2-6,
Commerce Powers, of the text
Write a 700- to 1,050-word paper in which you define the functions and role of
law in business and society. Discuss the functions and role of law in your past or
present job or industry. Properly cite at least two references from your reading.
Format your paper consistent with APA guidelines.
LAW 421 - Week 1 - DQ1
What are some examples of alternative dispute resolutions (ADRs)? What are the
advantages and disadvantages associated with ADR versus litigation? What are
some examples of arbitration that can occur in your professional and personal life?
Explain.

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LAW 421 - Week 1 - DQ2

What are the differences between substantive law, procedural law, criminal law,
civil law, common law, and statutory law? Provide examples of each. What U.S.
Constitution amendments were implemented to protect the rights of businesses and
organizations ?
LAW 421 - Week 1 - DQ3
What are the three branches of government and their functions? How are powers
balanced in the U.S. government? How does each branch of government make
laws? Provide examples.
LAW 421 - Week 1 - Role and Functions of Law Paper
Individual Assignment - Role and Functions of Law Paper
Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, section 2-6,
Commerce Powers, of the text
Write a 700- to 1,050-word paper in which you define the functions and role of law
in business and society. Discuss the functions and role of law in your past or
present job or industry. Properly cite at least two references from your reading.
Format your paper consistent with APA guidelines.

Week 2
LAW 421 - Week 2 - Complete
DQ 1. Mary is cutting weeds at her home. She is unable to trim some weeds she
finds, because they grew between the rocks, so she removes the protective guard
on the weed trimmer and trims the weeds. There are no warnings on the weed
trimmer advising against removing the guard. She hits a rock, which is thrown to
the side, hitting her neighbor in the eye and causing permanent damage. What kind
of tort claim does the neighbor have? Who are the possible defendants?
DQ 2. What types of intellectual property are used at your organization? How are
they protected? What are the advantages and disadvantages of a non-compete
clause as opposed to a nondisclosure clause? What privacy and security issues arise
when conducting business on the Internet? Provide examples.
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Learning Team - Discussion Question

Does the First Amendment to the U.S. Constitution protect defamation? Explain
why or why not. What is the relationship between the First Amendment of the U.S.
Constitution and censorship when doing business? Explain
Individual Assignment - Addressing International Legal and Ethical Issues
Simulation Summary
Complete the Addressing International Legal and Ethical Issues simulation located
on the student website.
Write a 350-word summary. In your paper, answer the following questions:

What are the issues involved in resolving legal disputes in international

transactions?

What are some practical considerations of taking legal action against a

foreign business partner based in another country?

What factors could work against CadMex's decision to grant sublicensing

agreements?

When the local customs and laws conflict with the customs and laws of an
organization operating abroad, which should prevail? Explain why.

How would you compare the issues in this simulation to the domestic legal
issues discussed in your Week One readings? How should companies resolve
domestic and international issues differently?
Please be sure to format your paper in APA format. Include a title page and a
Reference page. All of the citations must be in APA formatting.
LAW 421 - Week 2 - DQ1
Mary is cutting weeds at her home. She is unable to trim some weeds she finds,
because they grew between the rocks, so she removes the protective guard on the
weed trimmer and trims the weeds. There are no warnings on the weed trimmer
advising against removing the guard. She hits a rock, which is thrown to the side,
hitting her neighbor in the eye and causing permanent damage. What kind of tort
claim does the neighbor have? Who are the possible defendants ?
13

LAW 421 - Week 2 - DQ2

What types of intellectual property are used at your organization? How are they
protected? What are the advantages and disadvantages of a non-compete clause as
opposed to a nondisclosure clause? What privacy and security issues arise when
conducting business on the Internet? Provide examples.
LAW 421 - Week 2 - International Legal and Ethical Issues
Individual Assignment - Addressing International Legal and Ethical Issues
Simulation Summary
Complete the Addressing International Legal and Ethical Issues simulation located
on the student website.
Write a 350-word summary. In your paper, answer the following questions:

What are the issues involved in resolving legal disputes in international

transactions?

What are some practical considerations of taking legal action against a

foreign business partner based in another country?

What factors could work against CadMex's decision to grant sublicensing

agreements?

When the local customs and laws conflict with the customs and laws of an
organization operating abroad, which should prevail? Explain why.

How would you compare the issues in this simulation to the domestic legal
issues discussed in your Week One readings? How should companies resolve
domestic and international issues differently?
Please be sure to format your paper in APA format. Include a title page and a
Reference page. All of the citations must be in APA formatting.
LAW 421 - Week 2 - Learning Team - Discussion Question
Learning Team - Discussion Question

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Does the First Amendment to the U.S. Constitution protect defamation? Explain
why or why not. What is the relationship between the First Amendment of the U.S.
Constitution and censorship when doing business ?

Week 3
LAW 421 - Week 3 - Case Scenarios - BUGusa, Inc.
Learning Team Assignment - Case Scenarios: BUGusa, Inc.
Resources: University of Phoenix Material: Case Scenarios: Bugusa, Inc.,
multimedia link located on the student website and Case Scenarios: Bugusa, Inc.,
Worksheet
Use the BUGusa, Inc., scenarios and your research to support your answers to the
questions listed in the worksheet, classifying the types of torts in each scenario.
Submit the completed worksheet. Please prepare a title page in APA formatting.
LAW 421 - Week 3 - Complete
DQ 1. What are the essential elements necessary to form a valid contract? Provide
examples of each. Under what conditions can contractual duties be modified?
When does promissory estoppel apply? Provide an example.
DQ 2. What is the difference between a material breach of contract and a
nonmaterial breach of contract? What are some examples of legal and equitable
remedies available for breach of contracts? What are some legal excuses for
nonperformance or other grounds for discharge of contracts? Provide examples.
DQ 3. What are the differences between a void contract and a voidable contract?
Provide examples. Which party or parties to a voidable contract have the right to
disaffirm the contract? Can written agreements be modified orally? Explain why or
why not.
LAW 421 - Week 3 - DQ1
What are the essential elements necessary to form a valid contract? Provide
examples of each. Under what conditions can contractual duties be modified?
When does promissory estoppel apply? Provide an example.

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LAW 421 - Week 3 - DQ2

What is the difference between a material breach of contract and a nonmaterial
breach of contract? What are some examples of legal and equitable remedies
available for breach of contracts? What are some legal excuses for nonperformance
or other grounds for discharge of contracts ? Provide examples.
LAW 421 - Week 3 - DQ3
What are the differences between a void contract and a voidable contract? Provide
examples. Which party or parties to a voidable contract have the right to disaffirm
the contract? Can written agreements be modified orally? Explain why or why not.

Week 4
LAW 421 - Week 4 - Case Scenario - Big Time Toymaker
Individual Assignment - Case Scenario: Big Time Toymaker
Read the Theory to Practice section at the end of Ch. 6 of the text.
Answer Questions 1 through 6 based on the scenario in the Theory to Practice
section, and complete the following in your response:

At the end of the scenario, BTT states that it is not interested in

distributing Chous new strategy game, Start. Assuming BTT and Chou have a
contract, and
BTT has breached the contract by not distributing the game,
discuss what remedies might or might not apply.

Explain your answers and refer to Section 7-6 in Ch. 7 for support.

Submit your answers.

Please be sure to format your paper in APA format. Include a title page and a
Reference page. All of the citations must be in APA formatting.
LAW 421 - Week 4 - Complete
DQ 1. How does the UCC define a good? How does the UCC define a merchant?
How are the UCC requirements different for a merchant versus a nonmerchant?
Provide examples.
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DQ 2. What are the UCC principles of good faith and reasonableness to sales
contracts? What are the different ways that title transfers under UCC Article 2?
Which party bears the risk? What distinguishes a sale on approval, sale on
consignment, and sale or return under UCC Article 2?
Individual Assignment - Case Scenario: Big Time Toymaker
Read the Theory to Practice section at the end of Ch. 6 of the text.
Answer Questions 1 through 6 based on the scenario in the Theory to Practice
section, and complete the following in your response:

At the end of the scenario, BTT states that it is not interested in

distributing Chous new strategy game, Strat. Assuming BTT and Chou have a
contract, and BTT has breached the contract by not distributing the game, discuss
what remedies might or might not apply.

Explain your answers and refer to Section 7-6 in Ch. 7 for support.

Submit your answers.

Please be sure to format your paper in APA format. Include a title page and a
Reference page. All of the citations must be in APA formatting.
Learning Team Assignment - Discussion Question
What are the remedies for contract breach available under UCC Article 2? What
are the types of warranties available under UCC Article 2? How do you
differentiate between implied and express warranties under UCC Article 2?
Provide examples.
LAW 421 - Week 4 - DQ1
How does the UCC define a good? How does the UCC define a merchant? How
are the UCC requirements different for a merchant versus a no merchant ? Provide
examples.
LAW 421 - Week 4 - DQ2
What are the UCC principles of good faith and reasonableness to sales contracts?
What are the different ways that title transfers under UCC Article 2? Which party
17

bears the risk? What distinguishes a sale on approval, sale on consignment, and
sale or return under UCC Article 2 ?
LAW 421 - Week 4 - Learning Team - Discussion Question
Learning Team Assignment - Discussion Question
What are the remedies for contract breach available under UCC Article 2? What
are the types of warranties available under UCC Article 2? How do you
differentiate between implied and express warranties under UCC Article 2?
Provide examples.

Week 5
LAW 421 - Week 5 - Case Scenarios - Grocery, Inc., Presentation
Learning Team Assignment - Case Scenarios: Grocery, Inc., Presentation
Resource: University of Phoenix Material: Case Scenarios: Grocery, Inc.,
multimedia link located on the student website
Review the case scenarios and questions associated with scenarios.
Create an 8- to 10-slide Microsoft PowerPoint presentation, with speaker
notes, illustrating your responses to questions in each case scenario. Clearly
indicate which scenario you are referring to in your presentation.
LAW 421 - Week 5 - Complete
DQ 1. Section 22-5, White-Collar Crime, in Ch. 22 addresses several forms of
white-collar crime including that of the Ponzi scheme. Also in that section is a
Business Ethics Perspective vignette titled Epic Fraud: Bernie Madoffs
Multibillion-Dollar Ponzi Scheme. What does this example tell you about
business ethics and the need for criminal penalties in order to regulate business ?
LAW 421 - Week 5 - DQ1
Section 22-5, White-Collar Crime, in Ch. 22 addresses several forms of whitecollar crime including that of the Ponzi scheme. Also in that section is a Business
Ethics Perspective vignette titled Epic Fraud: Bernie Madoffs Multibillion-

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Dollar Ponzi Scheme. What does this example tell you about business ethics and
the need for criminal penalties in order to regulate business ?
LAW 421 - Week 5 - DQ2
What are the elements of a crime? What are some examples of crimes that do not
require scienter? What constitutes criminal conduct according to the Racketeer
Influenced and Corrupt Organizations Act (1970)? What are the consequences of
engaging in these activities? Provide examples.
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