Part A-
1. What are federal trial courts called? Federal appeals courts?
2. Name two outcomes a case can have on appeal?
3. Which federal judicial circuit is Ohio in? New Hampshire?
4. Which courts do small businesses usually get sued in? Does the plaintiff need a lawyer?
5. After filing a suit, what does the plaintiff have to do?
6. Who issues the summons? Who has to "serve" the defendant?
7. What happens if the defendant does not file an answer?
8. What are the two alternatives to court adjudication? Which one do your prefer? Why?
Part B-
1. How do administrative agencies make "law"?
2. What is required before a party can bring court action against an agency?
3. What is a FOIA request? Why is it important in a democracy to have a law like FOIA?
Part C-
1. As to torts/wrongful conduct, what is the purpose of the law?
2. What are punitive damages? When are they imposed? Do you think they are a good idea? Why?
3. What is the name of the tort where company A induces company B to breach a valid agreement with company C? If A is successful, what is C entitled to from A in such situation?
4. What is disparagement? What is the key factor that makes a company liable for disparagement?
5. What element, in addition to false statement made with knowledge of its falsity and with intent to induce another to act, is needed to have a claim for fraudulent misrepresentation?
Part D-
1. What are the five elements of a claim for negligence?
2. What standard of care is expected from those under 18 of age?
3. What duty does the law impose on a person as to other s and their property? Give examples of relations that impose a duty to aid or protect another?
4. What duty is owed to a trespasser, licensee, and invitee?
5. If a business owner discovers a dangerous condition on their premises, what should they do?
6. Given the Love vs. Hardee's case in your book, a friend of yours slips and falls in a Burger king restroom. which questions do you ask to determine liability?
7. A company was hired to blow up an old bridge. When they blew it up they were extremely careful but as a result of the explosion, the roof of a house ten miles away collapsed? Is the company liable? Why?
Part E-
1. Which law governs the sale of good?
2. Which law would control if there is no specific provision of UCC applicable?
3. What is a contract? What are the four basic requirements of a contract? Do all contracts have to be in writing?
4. A sees B painting A's house. A did not hire B. A says nothing. Would A be liable to pay B for the painting of his house? On what basis?
Part F-
1. What is an offer? Name some of the ways in which an offer may be terminated.
2. Why is it a good idea to always specify clearly the duration of an offer one makes?
3. Can an offer be revoked after it has been accepted?
4. Offers to sell his bike for $25. B asks if A would accept $15. Did B make a counteroffer that if accepted would bind B? Is the offer terminated?
Part G- Please answer the questions below based on the Youtube video.
HealthSouth co-founder and former CFO Aaron Beam's presentation https://www.youtube.com/watch?v=R_K7bQpDJzg (Links to an external site.)
1. Why would Stanford invite Mr. Beam to speak to its business students? Was he paid by Stanford?
2. What are the mistakes/regrets Beam has?
3. Was Scrushy a good salesman? Did he have a vision?
4. In agreeing to unethical or illegal behavior, what two forces did Beam give in to?
5. What is the lesson to be learnt from Beam's experience? What is the slippery slope?
6. Was using unrealistic assumptions illegal? Was using small print illegal? Was it unethical? Why?
7. Why did the company need to "cook the books"?
8. What is the slippery slope?