MGMT 390 MidTerm (EMBRY)
1. Describe arbitration and discuss its advantages to litigation.
2. Describe mediation and discuss its advantages to litigation.
3. Describe two other forms of alternate dispute resolution and discuss their advantages to litigation
2.3 – Module 2 Focus Question
What is the difference between a felony and a misdemeanor
What is the State’s burden of proof in a criminal case?
Discuss the types of misuse of legal proceedings.
Malicious Prosecution
Abuse of Process
State the purpose of tort law
Explain the circumstances in which a party will be held liable for the tort of wrongful interference.
Identify some intentional torts against persons and property.
Three Types of Intentional Torts against Property (2/5 types of torts):
Five types of Intentional torts against persons (1 of 5 types of torts):
Name four elements of negligence.
Define strict liability and list some circumstances in which it will be applied
Indicate how the tort of appropriation occurs.
Summarize the laws of protecting trademarks, patents, and copyrights.
Describe how trade secrets are protected by law
Explain intellectual property.
Define the steps to protect intellectual property rights in today’s digital age.
Explain how torts and crimes differ.
Mod 3 Discussion Topic:
The following phrases contain either offers or invitations to negotiate. Which are offers? Explain your answer fully.
Mod 3 Focus Question:
Discuss contracts people make in everyday life.
Mod 4 Discussion Question:
5.3 – Module 5 Focus Question
Chapter 14 Objectives:
Chapter 15 Objectives:
True/False Indicate whether the sentence or statement is true or false.
- Criminal (Civil) law focuses on duties that exist between persons.
- A summary judgment is granted only if there is no genuine question of law
- According to utilitarianism, it does not matter how many people suffer a negative effect from an act
- If no harm results from an allegedly negligent act, there is no liability
- A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties
- A bribe must consist of money to be a crime
- A suspect cannot be tried twice in the same court for the same crime.
- An express contract must be in writing
- The intention to enter into a contract is judged by objective facts as interpreted by a reasonable person
- The UETA covers only e-records and e-signatures relating to a transaction.
- Rescission is the substitution of one party to a contract for a third party, who agrees to assume the contractual duties
- A person who enters into a contract when he or she is intoxicated can void the contract if the terms are obviously favorable to the other party.
- An integrated contract is a contract with more than one subject or part
- Misrepresentation of a material fact can occur through words alone
- Most contracts are discharged by performance
- A transfer of contract rights to a third party is a delegation (assignment).
- To rescind a contract, each party essentially advances to the position he or she would have been if the contract had been fully executed
- On the breach of a contract involving the sale of land, money damages is always the most appropriate remedy
- The rules governing firm offers apply to all merchants
- A lessee’s breach of a contract will usually give the lessor the right to cancel the contract
- An expression of opinion by a seller will not usually create a warranty
- A public policy underlying the imposition of strict product liability is that a manufacturer who makes an unsafe product should be put out of business
- The stability and predictability of the law is essential to business activities.
- Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.
- Constitutional law includes only the U.S. Constitution.
- A state constitution is supreme within the state’s borders
- Uniform laws apply in all states, including those in which the laws have not been adopted
- state law that conflicts with the U.S. Constitution will be deemed unconstitutional
- Statutory law does not include county ordinances. (False) No state has adopted the Uniform Commercial Code in its entirety
- Common law is a term for law that is common throughout the world.
- Damages is a remedy at law
- Equitable remedies include injunctions and decrees of specific performance
- A defendant is a person against whom a lawsuit is brought
- Courts do not depart from precedents.
- Criminal law focuses on duties that exist between persons.
- Most state trial court decisions are not published Multiple Choice Identify the letter of the choice that best completes the statement or answers the question.
- Shelby offers to make digital copies of Relay Company’s business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule and the Uniform Electronic Transactions Act (UETA), Relay’s acceptance by e-mail will be considered effective when
- Rodeo, S.A., which is based in Spain, enters into a contract for the sale of seven hydraulic lifts to Tonnage Shipping Company, which is based in the United States. This contract is governed by
- Pep Paints agrees to sell to Quality Painters Grade A-1 latex outdoor paint to be delivered May 8. On May 7, Pep tenders Grade B-2 paint. Quality rejects the Grade B-2 paint. Two days later, Pep tenders Grade C-3 paint with an offer of a price allowance. Pep has
- Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by
- The Securities Exchange Commission is a federal administrative agency.
- As a judge, Jay applies common law rules. These rules develop from
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