LAW 531T Academic Adviser |tutorialrank.com

1. LAW 531T Apply Week 1 Assessment (100%Correct) For more course tutorialsvisit www.tutorialrank.com WEEK 1 APPLY ASSESSMENT LAW531 1) In the context of a court case process, what is the definition of mediation? Request for higher court to review acase Using a third party (specifically) to resolve adispute Use of a third party to resolve a dispute, often legally binding Changing a trial court’sdecision

2. 2) In the context of a court case process, what is the definition of affirmation? Ratification of a trail court’sdecision. Changing a trial court’s decision. Using compromise to settle adispute. Returning a case to a trail court forresolution. 3) In the context of a court case process, what is the definition of rejoinder?

3. Decision of thejury. Decision of thecourt. Request for a higher court to review a case. Defendant’s answer to theplaintiff. 4) In the context of a court case process, what is the definition of impeachment? Plaintiff’s challenge to defendant’sclaim No other explanation can be derived from the facts-evidence.

4. Reducing the integrity of a witness’sclaim Restoring credibility to a witness’sclaim. 5) In the context of a court case process, what is the definition of defendant? Court order to appear intrail. Decision of thejury.

5. The target of acomplaint. Restoring credibility to a witness’sclaim. 6) In the context of a court case process, what is the definition of sequestered? First-sightevidence. Evidence assuming assent of the reasonable person. First-sightevidence. A jury is separated from the community during atrial.

6. 7) In the context of a court case process, what is the definition of deposition? A jury isenlisted. Summoning of potentialjurors. Testimony out of court during pretrial investigation Determination of jurors’ fitness for juryduty. 8) In the context of a court case process, what is the definitionof default?

7. Failure to the defendant to fulfill onobligation. Court order to appear intrail. The target of a complaint. Filer of acomplaint. 9) After a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retailestablishments.

8. This retain would be an example of following which school of jurisprudentialthought? Sociological Command IrrationalForces HistoricalPerspective 10) Laws that are meant to promote free trade and market efficiency likely fall under which school of jurisprudentialthought? IrrationalForces

9. Command Law andEconomics NaturalLaw 11) A new law is established in the town of Avery that promotes affirmative action employment for trans-gender and homosexual individuals.ThislawwouldbeinpursuanceofthetenetsofSchool of jurisprudentialthought. Law andeconomics Sociological IrrationalForces

10. Historical 12) Which jurisprudential school of thought relies the most upon precedent in establishinglaw? Sociological NaturalLaw Historical Law and economics ..................................................................................................................... ......................................... LAW 531T Apply Week 2 Assessment (100%Correct)

11. For more course tutorials visit www.tutorialrank.com Week 2 ApplyAssessment Below is a copy of a 2005 complaint filed by the U.S. Justice Department against the Zeon Chemical company for antitrust violations. Read through the complaint and answer the followingquestions. You have ONE attempt at this Apply Assessment. There is no time limit but you must finish and submit your answers by the due date andtime. That means that if you start this assessment too late in the week andyou are still working on it when the due date and time are reached, the assessment will automatically submit with what you have finished and any unanswered questions will be counted as incorrect. Do not wait until the last minute. Start the assessment early and use the time to look- up material that you need to consult so that you can answer thequestion.

12. BARBARA J. NELSON (CSBN87952) BRIGID S. BIERMANN (CSBN231705) AntitrustDivision No. CR 05 0017SI INFORMATION VIOLATION: Title 15, United StatesCode,

13. Section 1 (PriceFixing) San FranciscoVenue The United States of America, acting through its attorneys,charges: I. DESCRIPTION OF THE OFFENSE ZEON CHEMICALS L.P. is made a defendant on the charge stated below. Beginning on or about May 14, 2002, and continuing until on or about December 31, 2002, defendant and co-conspirators participated in a combination and conspiracy to suppress and eliminate competition by increasing and maintaining the price of acrylonitrile-butadiene rubber (“NBR”) sold in the United States and elsewhere. The combination and conspiracy engaged in by the defendant and co-conspirators was in unreasonable restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. §1).

14. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant and co-conspirators, the substantial term of which was to suppress and eliminate competition by increasing and maintaining the price of NBR in the United States andelsewhere. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and co-conspirators did those things that they combined and conspired to do, including, among otherthings: participating in conversations and meetings to discuss prices of NBR to be sold in the United States andelsewhere; agreeing, during those conversations and meetings, to raise and maintain prices of NBR to be sold in the United States and elsewhere;and issuing price announcements and price quotations in accordance with the agreementsreached. II. DEFENDANT ANDCO-CONSPIRATORS

15. The defendant is an entity organized and existing under the laws of the state of Delaware, with its principal place of business in Louisville, Kentucky. During the period covered by this Information, the defendant and its subsidiaries sold NBR in the United States andelsewhere. Various corporations and individuals, not made defendants in this Information, participated as co-conspirators in the offense charged herein and performed acts and made statements in furtherance ofit. Whenever in this Information reference is made to any act, deed, or transaction of any corporation, the allegation means that the corporation engaged in the act, deed, or transaction by or through its officers, directors, employees, agents, or other representatives while they were actively engaged in the management, direction, control, or transaction of its business oraffairs. III. TRADE ANDCOMMERCE NBR is used to manufacture, among other things, hoses, belting, cable, o-rings, seals, adhesives, andsealants. During the period covered by this Information, the defendant and co- conspirators manufactured, sold, and distributed NBR in a continuous and uninterrupted flow of interstate and foreign trade and commerce to customers located in states or countries other than the states or countries in which the defendant and co-conspirators producedNBR.

16. 10. The business activities of the defendant and co-conspirators that are the subject of this Information were within the flow of, and substantially affected, interstate trade andcommerce. IV.JURISDICTION 11. The combination and conspiracy charged in this Information was carried out, in part, in the United States within the five years preceding the filing of thisInformation. 1. What is the stated cause ofaction? o an attempt to suppress andeliminate competition o combination and conspiracy to increaseand maintain the price ofNBR

17. o unreasonable restraint of interstateand foreign trade and commerce o all of theabove 15 / 15(100.0%) 2. violate? Which antitrust law did thedefendant o ClaytonAct o Taft-HartleyAct o Federal Trade CommissionAct

18. o ShermanAct 14 / 14(100.0%) 3. of thiscomplaint? Which of the following is NOT anelement o a description of the defendant andco- conspirators o an explanation of theoffense o a description of the legal action that willbe taken against thedefendant

19. o a conclusion that the defendant’s actions significantly affected interstatecommerce 14 / 14(100.0%) 4. thedefendant? Which of the following was an illegal actby o embezzling funds to maintain theirbusiness structure o participating in conversations and agreements with co-conspirators to maintain the price of theirproduct o raising the price of theirproduct

20. o using deceptive practices to lie to consumers about the actual price of theproduct 14 / 14(100.0%) 5. restraint? This is an example of which type oftrade o horizontal o vertical o monopoly o none of theabove

21. 14 / 14(100.0%) 6. Which method did Zeon Chemicals L.P. use to restrain trade, based on thecomplaint? o division ofmarkets o exclusive dealingagreement o pricefixing o all of theabove

22. 14 / 14(100.0%) Write a review OrderId Order Id will be kept Confidential YourName: YourReview: Rating: ABCDF Enter the code in the boxbelow:

23. Continue ..................................................................................................................... ......................................... LAW 531T Apply Week 3 Assessment (100%Correct) For more course tutorialsvisit www.tutorialrank.com 1. Use the following information to answer questions1–5. MakerMan Manufacturing creates heavy-duty hand tools. It produces a new collapsible hammer called the SmackN’Stash. One of the first purchasers of the hammer, Rob, is using it at a construction site when the hammer’s head flies off and injures his coworker Cliff. How does the concept of strict liability apply to thissituation? o Product liability torts require Rob to show that one or more of the design or manufacturing elements isdefective.

24. When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty ofcare. • Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled theproduct. • While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strictliability. • 17 / 17(100.0%) • 2. How does the concept of strict product liability apply to this situation? • Product liability torts require Rob to show that one or more of the design or manufacturing elements isdefective. • While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict product liability.

25. Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should beused. • When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty ofcare. • 17 / 17(100.0%) • 3. How does the concept of privity of contract apply to this situation? • When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached a contract with thecustomer. • Product liability torts require Rob to show that one or more of the design or manufacturing elements isdefective.

26. Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled theproduct. • Even if there is no defect in the product, the company maybe responsible for failure to warn users how the product should beused. • 17 / 17(100.0%) • 4. How does the concept of defective design/manufacturing apply to thissituation? • When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty towarn. • Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled theproduct. • Product liability torts require Rob to show that one or more of the design or manufacturing elements isdefective.

27. o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to take care to avoid defective design ormanufacturing. • 17 / 17(100.0%) • 5. How does the concept of manufacturer’s duty to warn apply to this situation? • Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled theproduct. • While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to warning consumers about theproduct. • Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should beused. • When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty towarn.

28. 17 / 17(100.0%) ..................................................................................................................... ......................................... LAW 531T Apply Week 4 Assessment (100%Correct) For more course tutorialsvisit www.tutorialrank.com Week 4 ApplyAssessment It’s time for the Bizlaw County auction! For each of the auction items listed below, you will (1) determine which type of property the item is and (2) give an identifier that further describes the nature of theitem. A ring Hugh received from his grandmother several months before shedied A motorbike Ned got from the Harley-Davidson store for$53,000

29. A motorless army jeep left on the plot of land Coreybought A pair of high-quality cleats that Candace found on the football field after agame A Sony Walkman that Mary left in her will for her nephew,Zeppelin The lyrics to an unpublished song that famous rapper 11 Nickels gave to his daughter when heretired 1. Which type of property is itemA? A ring Hugh received from his grandmother several months before she died 2. Which identifier describes the nature of itemA?

30. A ring Hugh received from his grandmother several months before she died- Which type of property is itemB? A motorbike Ned got from the Harley-Davidson store for $53,000 – purchase Which identifier describes the nature of itemB? A motorbike Ned got from the Harley-Davidson store for $53,000– 5. Which type of property is itemC? A motorless army jeep left on the plot of land Corey bought– 6. Which identifier describes the nature of item C?

31. A motorless army jeep left on the plot of land Corey bought– 7. Which type of property is itemD? A pair of high-quality cleats that Candace found on the football field after agame- 8. Which type of property is itemD? A pair of high-quality cleats that Candace found on the football field after a game– 10. Which type of property is itemE?

32. A Sony Walkman that Mary left in her will for her nephew,Zeppelin 11. Which type of property is itemE? A Sony Walkman that Mary left in her will for her nephew, Zeppelin – Gift 12. Which identifier describes the nature of itemF? The lyrics to an unpublished song that famous rapper 11 Nickels gave to his daughter when he retired –

33. 13. Which of the following is not true of offers? - An offeree’s silence may be counted as anagreement. 14. Which of the following constitutes grounds for canceling acontract? - Mutual mistake offact 15.damages are designed to punish someone for breaching a contract and are usually only available in fraud or bad faith cases. 16. Which of the following contracts is required to be in writing? - A

34. A valid contract must include all of the following except whichone? - The_ rule states that an offer made by one merchant to another may remain open for a set time during which it cannot be revoked.– A person who owes a duty under a contract is called a(n) .– A person who is owed a right under a contract is called a(n) ..................................................................................................................... ......................................... LAW 531T Apply Week 5 Assessment (100%Correct) For more course tutorialsvisit www.tutorialrank.com 1. Use the following information to answer questions1–3.

35. Darwin is a 60-year-old software engineer for Compuswerve, Inc. Recently, the company went through a reorganization process meant to revamp the business and the work it does. The directors want to rework the company as a fresh, hip business with cutting-edge knowledge from young, creative-minded employees. Obviously, Darwin doesn’t fit into the directors’ vision, so the managers wish to replace him. Sure enough, a few weeks later Compuswerve hires some new employees, and Darwin is offered a severance plan anddismissed. • Which of the following, if true, would legally support the company’s decision to fire and replace Darwin? Check all thatapply. • if Darwin had another job offerelsewhere • if the company was a private (non-governmental)organization • if there were more highly skilled workers in the organization who could take hisplace • if the company had fewer than 20employees • if Darwin planned to retire in less than fiveyears • if Darwin was unable to perform the essential functions of hisjob

36. o if Darwin needed a reasonable accommodation to perform his job due to adisability • 2. Which law prevents employees like Darwin from discrimination inemployment? • affirmativeaction • ADEA • TitleVII • ADA

37. 3. Are the company’s actions permissible, considering its mission andvision? • No, because Darwin was treated less favorably than younger employees based solely on hisage. • Yes, because age is not a protected class in employmentlaw. • No, because Darwin was not given compensation or allowed adequate time to find anotherjob. • Yes, because the company is private and therefore has the right to hire or fire whomever they wantto. 4. Visit the National Labor Relations Board website and explore the tabs on the website to answer questions 4–7. Additionally,please

38. explore recent cases and decisions to learn more about what the NLRB does. Who is the chairman of the NLRB? John F. Ring 5. board. What does the NLRB do? Select all the main functions ofthe • enforceorders • facilitatesettlements • decidecases

39. draftlegislation • investigate charges againstemployers • conductelections • file charges againstemployers Conduct elections: The National Labor Relations Act provides the legal framework for private-sector employees to organize bargaining units in their workplace, or to dissolve their labor unions through a decertificationelection. Investigate charges: Employees, union representatives, and employers who believe that their rights under the National Labor Relations Act have been violated may file charges alleging unfair labor practices at their nearest NLRB regional office.

40. Facilitate settlements: When a charge is determined to have merit, the NLRB encourages parties to resolve cases by settlement rather than litigation whenever possible. Decide cases: On the adjudicative side of the NLRB are 40 administrative law judges and a board whose five members are appointed by the president and confirmed by theSenate. Enforce orders: The majority of parties voluntarily comply with orders of the board. When they do not, the agency's general counsel must seek enforcement in U.S. Courts of Appeals. Parties to cases also may seek review of unfavorable decisions in the federalcourts. • 6. What types of database information and reports does the website offer? Select all thatapply. • regulatory reports andnotices • case activityreports • petitions and elections

41. inspector generalnotices • rules and regulations • performancereports • 7. Where is the regional NLRB office that serves the state of Arizona? • Phoenix • Denver

42. Washington,DC • Albuquerque 10 / 10(100.0%) Answer:Phoenix On the “About NLRB” tab, click on “Regional Offices” to see a map of all the NLRB regionaloffices. ..................................................................................................................... ......................................... LAW 531T Apply Week 6 Assessment (100%Correct) For more course tutorialsvisit www.tutorialrank.com

43. Use the following information to answer questions1–3. • Examine the SEC enforcement actions against violators of the FCPA on the “SEC Enforcement Actions: FCPA Cases” web page. Look at several different examples from the site. Note that detailed information about each case is available if you click on the name of thecompany. • What are the typical repercussions for violators of theAct? • being prohibited from doingbusiness • millions or even billions of dollars inpenalties • forcedbankruptcy • jail time

44. What kinds of unlawful activity did the guilty parties participate in? Check all thatapply. • bribery • discrimination inemployment • obtaining illicit governmentlicenses • failure to implement internal accountingcontrols • sexualharrassment • improperpayments • The SEC investigates illegal activity stemmingfrom • companies and theirrepresentatives.

45. both U.S. andforeign • foreign • U.S. • Use the following information to answer questions4–8. • David borrows $3,000 from Melanie’s loan company in order to pay for a new car. A few months after the loan takes place, David falls behind on his payments. Melanie begins attempting to collect the money owed from David. She takes the followingsteps: • Melanie calls David in the afternoon to discuss his payments, but he does not answer. Is this action permitted under the Fair Debt Collection Practices Act(FDCPA)?

46. no • yes • Melanie sends a letter marked “urgent” to David's address, but he sends no reply. Is this action permitted underFDCPA? • no • yes • Melanie visits David's house at 6 p.m. on a weekday, but nobody answers the door. Is this action permitted under theFDCPA?

47. yes • no • Melanie emails David’s employer to ask how and when she may contact David. Is this action permitted under theFDCPA? • yes • no

48. Melanie leaves a message on David’s answering machine, promising to call the police if he does not pay his debt. Is this action permitted under theFDCPA? • no • yes • Imagine that your company is offering securities for the first time and must register with the SEC. If you were to create a registration statement with the SEC, which of the following elements would you need to include? Check all thatapply. • description of commerce activities that take place across state lines • name and location of theissuer • description of the securities beingsold

49. factors that could affect the success of the businessventure • proposed use of theproceeds • financial condition of theissuer • type of business organization of theissuer • ..................................................................................................................... • ......................................... • LAW 531T EntireCourse • For more course tutorialsvisit www.tutorialrank.com LAW 531T Apply Week 1 Assessment (100%Correct) LAW 531T Apply Week 2 Assessment (100% Correct) LAW 531T Apply Week 3 Assessment (100%Correct)

50. LAW 531T Apply Week 4 Assessment (100%Correct) LAW 531T Apply Week 5 Assessment (100% Correct) LAW 531T Apply Week 6 Assessment (100% Correct) LAW 531T Week 1Discussion LAW 531T Week 1 Practice Assignment (100 % Correct) LAW 531T Week 2Discussion LAW 531T Week 2 Practice Assignment (100 % Correct) LAW 531T Week 3Discussion LAW 531T Week 3 Practice Assignment (100 % Correct) LAW 531T Week 4Discussion