1. (TCO 1) As an assistant in the legal department of a major corporation, your supervisor has asked you to do some research on how various laws may be applied in an upcoming case. Your department needs to coordinate with outside counsel and wants to be up to speed on how the law works. Explain the sources of law in the American legal system. Is our civil law system more or less advantageous than the common law system? Why is it important to understand all sources of law and where to find them? Explain your answer with examples in a business context.
2. . (TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to impose a higher tax on out-of-state companies doing business in the state than it imposes on in-state companies. The reason behind the legislature’s enactment of this law is to protect the local firms from out-of-state competition because they are losing local business, which is affecting the state’s economy. Is this law legal, or is it a violation of equal protection for a state to impose? What legal standards could the court apply in evaluating the constitutionality of a law and which would apply in this instance? Explain.
3. (TCO 3) The Smith family was traveling on their summer vacation from Massachusetts to Wyoming. Along the way, the family was involved in an accident when they proceeded to drive through an intersection; they had the green light. At that same moment, the Jones family plowed through the opposite red light, hitting the Smith’s car, causing major damage to the car and injuries to Mr. and Mrs. Smith, who were in the front seat. Mr. Smith, being a cautious driver, believes that he can sue Mr. Jones under the theory of negligence. Is Mr. Smith correct? Where could he sue Mr. Jones; would he file a claim in federal or state court? Explain your answer using facts in the scenario and the elements of jurisdiction to demonstrate your position in favor of Mr. Smith as the plaintiff or Mr. Jones as the defendant as to where a claim should be brought and the factors the court will consider in determining the appropriate jurisdiction for a claim.
4. (TCO 4) Tom tells Bob that he will pay Bob $5,000 to put a cherry bomb in his gas tank so that Tom can collect money from the insurance policy on a new, cherry red sports car. If Bob carries out Tom’s wishes and places a cherry bomb in the gas tank of Tom’s car, but Tom then refuses to pay Bob, what recourse does Bob have to recover on the agreement he claims to have with Tom? Can Bob recover? Why or why not?
5. (TCO 5) There are several distinctions in contract law between the UCC and common law as it relates to certain principles. As it relates to modification of a contract, how is the UCC’s treatment of this subject different from that of common law? What are the important factors to be considered? Provide an example that demonstrates the difference.
6. (TCO 6) Explain the function and purpose of an administrative agency. At what level of government do we find agencies, and how and by whom or what are they empowered to do what they do?
7. (TCO 7) SoftWorld Products, Inc. develops, patents, and markets a new software program that is expected to the Internet market by storm. Seeing the potential of SoftWorld Products, Inc.’s new system, Global Gurus, LLC, proceeds to sell SoftWorld Products, Inc.’s program without its permission. Does this practice constitute patent infringement? If so, what steps could SoftWorld Products, Inc. take to save itself the financial burden of suing Global Gurus, LLC for patent infringement and that would simultaneously enable to profit from the sales being made by Global Gurus, LLC?
8. (TCO 8) Provide a scenario that demonstrated a situation involving online defamation. What laws apply and what issues will arise in this context? How would this be classified as a cybertort and what is that by definition? How are tort theories being applied in cyberspace?
9. (TCO 9) We often hear reference to the doctrine of respondeat superior in a business context. Explain this doctrine. What are the ramifications of actions taken in the context of this doctrine once it is that someone is an agent? What are the key factors that can be used to determine whether an agent’s actions are within the scope of their employment? Explain these factors in the context of an original agency example demonstrating their importance.
10. (TCO 10) You have a winner idea and can’t wait to share it with the world. Knowing that the business world can be tricky, you want to protect yourself from liability before launching your fabulous product (just in case). What steps would you take to incorporate your new business? What entity would you choose? Why would you choose a corporate entity over a sole proprietorship? What factors would you consider regarding the organization of your business, including the legal advantages and disadvantages of the various entities and the roles and responsibilities of other potential parties you may want to involve? Support your answer with examples by expanding on the scenario given.