Part 1 – Multiple Choice
Please choose the correct answer. Each question is worth one point.
1. The concept of flexibility in the law is best illustrated by:
2. Assume that there is a provision in the Colorado state constitution that is in conflict with a statute that was passed by the U.S. Congress and enacted into law. Which is true?
3. The concept of standing requires that:
4. When an appellate court receives a case appealed to it, it will:
5. A business that continues to operate its domestic factories in order to avoid layoffs rather than shift its production overseas at lower cost is most directly applying which theory of the social responsibility of business?
6. Which of the following is true regarding contract validity?
7. Under which of the following circumstances can the mistaken party rescind a contract when there is a unilateral mistake?
8. Patty owned a sole proprietorship. She had four salespersons selling the company’s products. One of her salespersons made false statements about a competitor’s products while trying to sell Patty’s products. The competitor sues Patty’s business and wins the lawsuit. Under what circumstances could Patty be personally responsible to pay the judgment?
9. Mark recently started a small business, and acquired a domain name for the business. At the same time he remembered hearing about people buying up names related to companies and famous individuals and then selling the names for astronomical sums. Mark wants to buy the domain name, “Sharonstone.com.” He figures he will start a fan club for the famous movie star, and then see if he can sell the domain name to her for a profit. Which is true in these circumstances regarding Mark’s options?
10. Which of the following is true?
11. Which of the following is true if someone believes that he was fired from a job because of his religion?
12. Under what conditions must an employer allow nonemployee union solicitation on company property?
13. If a party has presented a complaint to the Equal Employment Opportunity Commission about alleged discrimination in violation of the Civil Rights Act of 1964, and the EEOC decides to not bring a suit on behalf of the employee, the EEOC will issue a(n):
14. Bob, an employee of Risky Manufacturing, Inc., is accidentally injured by a fellow worker while working his shift. Under workers’ compensation, Bob can:
15. Paul purchased a deluxe motor home from Wide Open Spaces Motor Homes. In a product liability suit against Wide Open Spaces Motor Home Corporation, Paul must show which of the following in order to recover?
Part 2 – Short Essay
Please provide a written answer to each question in a separate document that you will post in your Individual forum. Your response to each question should: 1) identify the issue(s) (“This question is about…”; 2) define any relevant terms (“Apparent authority is…); 3) an answer or resolution to the question (Under these facts, there is no contract.); and 4) explain how/why you reached your conclusion (“One of the necessary elements of a contract is missing – consideration. There is no consideration because…”)
Each question is worth two points and you will receive partial credit for partially-correct responses.
1. Max took his family and a couple of friends out to one of the best restaurants in town to celebrate his recent promotion. Unfortunately, several of his family members suffered injuries from items in the food that night. First, Max broke a tooth on an olive pit in one of the olives in his Greek salad. Shortly thereafter, Max’s wife was injured by a piece of glass in her soup. Then one of Max’s friends was hurt by some sharp bones in his salmon filet. One of Max’s daughters was hurt by an olive pit that was in her mashed potatoes. His other daughter was hurt by a crusty chicken foot in her chicken salad sandwich. Wanting to salvage some aspect of the evening, Max stopped at an ice cream shop on the way home. Upon biting into his ice cream, Max broke another tooth on a piece of bone from a cow. The next evening, as Max was straining his dinner before eating it, he wondered which problems from the prior night would support a breach of warranty claim.
2. One night at a restaurant, Mark and Mary wrote up an agreement on a couple of napkins about a construction project whereby Mark would build a room addition to Mary’s house. Mark said he would do this in exchange for Mary agreeing to transfer an empty piece of land that she owned to Mark. It took two napkins because the agreement would not fit on a single napkin. Mark signed one of the napkins, but Mary signed neither. The contract price was $30,000. A few days later Mark saw the plans, which were more complex than he expected. Discuss the enforceability of this contract.
3. Roberto has been asked to be a member of Holtin’s board of directors. He is concerned about potential personal liability for actions as a director. Discuss ways in which Roberto can protect himself against personal liability.
4. Monty was an odd sort of fellow who spent most of his time tinkering in his garage. He was certain that some day he would invent something that would make him very wealthy. Finally, he thinks he has the million-dollar idea. He has invented a device that attaches to both his phone line and through his computer to the Internet to block telemarketing calls without having to pay a service fee for the capability to the local phone company. The technology for this already existed, but Monty was the first to put it together in this way. Monty is waiting to perfect this invention before filing a patent application. Monty learns that someone else has invented a similar device after he did, but has already filed an application. Also, someone broke into Monty’s garage and stole the information about the invention. Discuss Monty’s legal situation.
5. Sam is a sales representative for a pharmaceutical firm. Sam frequently plays golf with his clients and potential clients. One summer weekend when he is on vacation at his family’s home in Myrtle Beach, Sam runs into a couple of his clients who are attending a medical convention. They arrange to meet and play golf on Sunday. While on the sixth hole, another golfer tees off prematurely and Sam is struck in the head by a golf ball. Can Sam recover under workers’ compensation? What remedies are available to Sam?
