...Global Environment of Business Practice Exam (A) Question Difficulty: Average to Basic ------------------------------------------------- ------------------------------------------------- Disclaimer ------------------------------------------------- ------------------------------------------------- The following practice exam, designed by the undersigned, is to be used solely for educational purposes. It is required that any use of this exam (whether upon receipt from the undersigned, or by receipt from a third party) be in strict accordance with the ANY and ALL codes of Honor and/or Academic Integrity that are prescribed by TCU and the Neeley School of Business. In accordance with the Honor Code of the Neeley School of Business, you are agreeing to contribute work to each question of this exam before asking to see a sample response. By continuing, you agree to use this practice exam both legally and ethically. ------------------------------------------------- ------------------------------------------------- Signed: Bryan W. Redd (11/29/13) User Disclosures 1. IT IS UNDERSTOOD THAT THE QUESTIONS ON THIS EXAM HAVE BEEN COMPILED BY ONE OF YOUR CLASSMATES AND AS SUCH ARE NOT QUESTIONS THAT: a. Were used by the Professor in past-courses; NOR b. That one should necessarily expect to see included on the final exam 2. IN ORDER TO RECEIVE THE SAMPLE RESPONSES TO THIS EXAM, YOU MUST: c. Contribute work (either individually or as a member...
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...Business Ethics Case | Read Business Ethics Case 3.5 at the end of Ch. 3 of The Legal Environment of Business and Online Commerce. After reading the case, be prepared to answer the questions that follow. | 3.5 Business Ethics The National Enquirer, Inc, is a Florida corporation with its principal place of business in Florida. It publishes the National Enquirer, a national weekly newspaper with a total circulation of more than 5 million copies. About 600,000 copies, almost twice the level in the next highest state, are sold in California. The National Enquirer published an article about Shirley Jones, an entertainer. Jones, a California resident, filed a lawsuit in California state court against the National Enquirer and its president, who was a resident of Florida. The California lawsuit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress. Calder v. Jones, 465 U.S. 783, 104 S.Ct. 1482, 79 L.Ed.2d 804, Web 1984 U.S. Lexis 4 (Supreme Court of the United States) 1. What kind of paper is the National Enquirer? It is a national magazine with a large circulation in California. 2. Was it ethical for the National Enquirer to try to avoid suit in California? No, they argue that they are not responsible for the circulation of the article in California. They wrote and edited an article that they knew would have a potentially devastating impact upon respondent, and they knew that the brunt of that injury would be felt by...
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...------------------------------------------------- Alternate Case Problem answers Chapter 2 Courts and Alternative Dispute Resolution 2-1A. Jurisdiction (Chapter 2—Pages 29–30) A court can exercise personal jurisdiction over nonresidents under the authority of a long arm statute. Under a long arm statute, it must be shown that the nonresident had sufficient contacts with the state to justify the jurisdiction. In regard to business firms, this requirement is usually met if the firm does business within the state. In this case, the parties to the sponsorship agreement contemplated that substantial activities to further their joint venture would take place in Florida. Sutton lived in Florida, and he was expected to and did play in tour events in Florida. Sutton was to be provided health care insurance in Florida. All earnings from Sutton’s golf-related activities in Florida and elsewhere were to be paid by the Professional Golfing Association from its headquarters and bank account in Florida to the ARS & Associates account in Michigan; the partnership was to disburse funds from the account to Sutton’s account in Florida to enable him to perform golf-related activities and participate in tour events for the benefit of the joint venture. After ARS failed to fund health insurance for Sutton, it instructed Sutton to obtain medical care in return for providing golf lessons to a physician in Florida. These facts—the provision of health care insurance in...
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...Prof. Toni Starcher Drunk driver, Brent Birch struck pedestrian, Leah Russell with his car causing severe life-threatening injuries; he was on probation from a prior DUI case at the time. Ms. Russell lived long enough to refuse blood transfusions at the hospital citing a religious conflict; she was a Jehovah’s Witness. Ultimately, she succumbed to her injuries at the hospital a short time later. Jehovah’s Witnesses see blood transfusions as one of many barriers that could keep them out of heaven when they pass away. Because of this fact, many Jehovah’s Witnesses carry a card in their wallet that states this fact and that they fully understand their decision could have irreprehensible consequences to their potential quality of life. They do this so medical professionals do not deem their decision to be one made under extreme duress and under the influence of extreme pain (C. Miyoshi, personal communication, December 13, 2013). This case was a driving under the influence case that was complicated by the fact that Ms. Russell’s religious beliefs kept her from medical treatment that could have possibly saved her life. During the trial of Mr. Birch, prosecution witnesses testified that the blood transfusions might have saved her, but that they couldn’t be sure, though. If convicted of his charge of second-degree murder, according to the California Penal Code section 190, Mr. Birch would face 15 years to life in prison plus a fine of up to $10,000 since this wasn’t his first...
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...always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered. True False Feedback: See pages 118, 120-121. A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre-answer or answer) or the issue is waived and may not be reconsidered at a later time. Question 2 of 30 2.5 Points A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially. True False Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court. Question 3 of 30 2.5 Points Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously? A.Yes B.No Feedback: A motion to dismiss is asserted prior to the answer (as an alternative to an answer) or in the answer to the complaint. A motion for summary judgment is made after the filing of the complaint and answer. Question 4 of 30 2.5 Points John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California. A.The court does not have jurisdiction as the defendants are both from California and not diverse. B.The court...
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...already receiving payment in the form of scholarships. But is it enough? Most scholarships cover approximately $20,000 to $35,000 worth of college expenses, including books, fees, tuition, and room and board (Brian, 2014). The Numbers Looking at the research provided by the National Athletic Trainer’s association, approximately 200,000 injuries are reported by college athletes caused by the strenuous nature of their sport (Thomas, 2014). Nearly 30% of these injuries have been chalked up to “over-use” injuries (injuries caused by long training sessions and repetitive motions), with women making up 62% of those injuries, and are more commonly found in low-contact sports. “Overuse injuries may present not only physical challenges but also psychological ones that could significantly affect an athlete’s recovery and performance” said Tracey Covassin, a co-author of a study for the Journal of Athletic Training publication that researches injuries and their impact on college athletes (Cody, 2012). Another aspect of this problem that needs attention is what happens to these student athletes that have career-ending or long-term disabilities due to injuries sustained during their college careers. Although policies exist to include coverage of expenses while the injured athletes are in rehabilitation post-surgery, the National Collegiate Athletic Association will not acquire any responsibility for costs or health care expenses that are related to the long-term effects that can develop into...
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...Business Ethics Case BUS/415 December 5, 2011 University of Phoenix Business Ethics Case This paper will discuss the 1984 Supreme Court of the United States lawsuit between Calder v. Jones. The lawsuit was filed by actress Shirley Jones, from Partridge Family fame, in California against the president of the National Enquirer and the National Enquirer itself, both of which are residents of Florida, for alleged defamation, invasion of privacy, and intentional infliction of emotional distress (Cheeseman, H. 2010). The National Enquirer had alleged that Shirley Jones was an alcoholic. The National Enquirer The National Enquirer is a newspaper that is published weekly and distributed across the United States to more than five million people per week (Cheeseman, H. 2010). The National Enquirer paper is based out of Florida, housed at The National Enquirer, Inc. Of the five million copies per week that are circulated throughout the United States, 600,000 are primarily sold in California (Cheeseman, H. 2010). The National Enquirer, also known as a “tabloid gossip sheet” has spent the last 15 years being the main source for major news breaking stories that has worked to focus on celebrity scandals (Barry Levine, 2010). The Lawsuit ...
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...of Appeals of California, Fourth District, Division Two 200 Cal.App.4th 643 (2011) 132 Cal. Rptr. 3d 683 The heading above describes the title and citation of this case. The name of the case is Vogt v. Herron Construction, Inc. Vogt is the plaintiff and appellant while Herron Construction is the defendant and respondent. This case was decided in the court of appeals of California, Fourth District, Division Two on November 1, 2011. The citation states that this case can be found in 200 Cal. App. 4th 643. FACTS Augustus Vogt worked for Performance Concrete which was the concrete subcontractor for a construction project in Riverside,Ca. The framing contractor for the same construction project was Herron Construction, Inc, for which Jesus Cruz worked. At the worksite, employees typically park near their assigned job for the day. There was no designated parking area for subcontractor employees. On October 31, 2007, Cruz parked his personal vehicle on the work site. No one told him where to park. When Vogt noticed Cruz’s truck in the way of the cement truck, he asked Cruz to move it. He explained to Cruz that Performance was about to start pouring cement nearby. Vogt later explained that workers being asked to move their cars and other vehicles on the job site “ happens all the time”... “We’re not going to pour if a car’s there because we don’t want the liability of splashing the paint.” When Cruz was moving his truck, he ran over Vogt, causing him injuries. PROCEDURAL...
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...CLAIM AGAINST THE CITY OF SAN DIEGO (FOR DAMAGES TO PERSONS OR PERSONAL PROPERTY) Present claim by personal delivery or mail to the City of San Diego, Risk Management Dept., 1200 Third Ave., Suite 1000, San Diego, CA 92101. Received via: U.S. Mail Inter-Office Mail Over-the-Counter TIME STAMP FILE No. ________________ TO THE HONORABLE MAYOR AND CITY COUNCIL, the City of San Diego, California I, _______________________, hereby make a claim against the City of San Diego and make the following statements in support of the claim: 1. CLAIMANT INFORMATION a. b. Claimant’s Name: ______________________________________________________ Post Office Address of Claimant: _____________________________________ _____________________________________________________________________ (CITY) (STATE) (ZIP) c. d. e. Claimant’s Home Phone No.: ______________________________________ Claimant’s Business Phone No.: ___________________________________ Post Office address to which the person presenting the claim desires notices to be sent, if different than above: ____________________________________________________ _______________________________________________________________________ f. g. h. 2. Social Security No.: ______________________________ Date of Birth: ___________________________________ Driver’s License No.: _____________________________ CIRCUMSTANCES GIVING RISE TO THE CLAIM a. b. c. Date of the occurrence or transaction which gave rise to the claim: ________________ Time...
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...Individual Assignment 2: Case Study Wardell Johnson AMBA 610 Professor M. Frank Introduction It takes constant work to ensure that any given system maintains order. The universe has a natural tendency to lead to entropy “a process of degradation or running down or a trend to disorder” (Merrim-webster.com). What guides Humanity to function in a society in concert with their fellow man? It’s the ability to set up laws to govern the actions of the members of said society. According to researchers Kubasek, Brennan, & Browne (2011) great minds have always debated the purpose of laws. For instance, Plato expressed that law is a form of social control, and Aristotle posited that law is a rule conduct, an ideal of reason (Kubasek et al., 2011). No matter what ones philosophical views are in regards to legal systems whether good or bad, laws help societies maintain a sense of order, setting and maintaining a sense of normalcy, in efforts to prevent societal entropy. In America the foundation of our legal system is based on the U.S. Constitution created the nation’s founding fathers to ensure every citizen equal access to justice. Liebeck v. McDonalds and Pearson v. Chung are two highly publicize cases of Tort law. “The primary goal of tort law is to compensate the innocent persons who are injured or whose property as result of another conduct (Kubasel et al 2011, p.309). Both of these cases involve people who wanted to turn to the American legal system to obtain justice...
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...client on a contingency fee basis. Many personal injury lawyers work on a contingency fee basis, which means they won't collect their money unless they win your case. There are certain variations in the percentage that the lawyer will take based on when your case is settled. There are other fee arrangements that can be made before the attorney takes your case. You'll have to sign an agreement with your attorney detailing his percentage or fee schedule. Settlement Percentage for the Attorney Personal injury lawyers will charge between twenty-five and forty percent of the settlement as their fee. For this amount, they won't charge anything unless they win the case. That win might be a settlement...
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...years. This explosion has broadened the business market for rafting companies in Florida, Kentucky, and California. In order to open, a new rafting business research must be conducted on the legal ramifications pertinent to the area. The direct concern are the legal aspects of real property, personal property, business insurance, and environmental issues and regulations. Evaluate the Legal Aspects of Acquiring, Holding, and Disposing of Real Property The River-Rafting Business is real property, which consist of a riverbed, and banks that are state property. It is considered public property if the river is physically navigable. Public property does not abide by the rules of real property. Cheeseman (2007) stated, “Real property is immovable or attached to immovable land or buildings, whereas personal property is movable” (p. 755). Real property plays an important role in the United States (U. S.) economy of property and ownership rights. The real property concept is concerned with the legal rights of property as opposed to the physical attributes of tangible land. Real property consisted of items of personal property affixed to real property and other rights. It is important to understand the concept of real property; and how to transfer the rights of the property in order to execute the purchase of property. Property is normally classified as personal or real property. The most common form of real property is land. The landowner usually purchases the...
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...of Fresno Supreme Court of California 1. Facts and procedure history Facts: • Escola (Plaintiff) was a waitress in the restaurant. • While she was moving the bottles of Coke from the cases which had been delivered to her restaurant at least 36 hours before to the refrigerator, one of them exploded in her hand, causing her to be severely injured. •The plaintiff alleged that the Coca Cola Company (Defendant) had been negligent in selling "bottles containing said beverage which on account of excessive pressure of gas or by reason of some defect in the bottle was dangerous ... and likely to explode." • Escola sued Coca Cola Bottling Co. to recover damages for personal injuries. • Judgment for plaintiff at trial • Defendant appealed 2. Issue: Is the manufacturer liable for the injuries under the inference of negligence? 3. Holding: Yes. Judgment for Plaintiff following the doctrine of res ipsa loquitor 4. Rule of law: Res ipsa loquitur does not apply unless (1) A defendant has had exclusive control of the thing causing the injury (2) The accident is of such a nature that it ordinarily would not occur in the absence of negligence by the defendant. 5. Reasoning: • It doesn't matter that we can't tell precisely whether the explosion was caused by an excessive charge or a defect in the glass. The fact is neither of causes could exist so the bottle wouldn’t explode if the due care had been used. • Even though the instrument causing the injury was not under the exclusive...
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...Title • Messa (P) v. Sullivan & Keyman’s club (D, A) Citation: what court or reporters • Court: Appellate Ct of IL, First District, First Division • Cited as: 61 Ill.App. 2s 386, 209 N.E. 2d 872 Author: judge • Judge Burman Facts: • P suffered injury at the Keyman’s Club bldg, Chicago: 1st and 2nd fl has many stores (bowling alley, barber shop, acocktail lounge, banquet and meeting rooms), 3rd fl for a labor union office, and 4th fl empty. 5th fl is residence for Sullivans and no other use on the 5th fl. The D’s apt has safe, furniture, personal property, 3-year old German Shepherd for safe-keeping of the club’s property in the apt. • There are signs on the exterior and on a bldg directory in the lobby. • No notices that the 5th fl is used as a residence and not for commercial or business purposes. • Automatic elevator for all the floors accessible as one entered the bldg from Madison Street and walking through bldg lobby passing bldg office(left side). • June 12, 1961, P (deaf mute) entered bldg about 2 pm for the purpose of selling printed cards depicting the deaf and dumb alphabet. Her first time at the bldg. P passed the bldg’s office where a woman was sitting, took the elevator to the 5th fl. The door of the elevator opened automatically at 5th fl but she had open (swung outward) a second door (said heavy). P turned left toward the apt door. At that point, D’s dog ran out of the door and jumped on the P. P testified, "... the dog bit me on...
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...Supreme Court of California 24 Cal. 2d 453, 150 P.2d 436 (1944) July 5 1944, decided Procedural history: • Escola (plaintiff) sued Coca Cola Bottling Co. (Defendant) to recover damages for personal injuries. • Judgment for plaintiff at trial • Defendant appealed Facts: • Escola was a waitress in the restaurant. • While she was moving the bottles of Coke from the cases which had been delivered to her restaurant at least 36 hours before to the refrigerator, one of them exploded in her hand, causing her to be severely injured. •The plaintiff alleged that the defendant had been negligent in selling "bottles containing said beverage which on account of excessive pressure of gas or by reason of some defect in the bottle was dangerous ... and likely to explode." Issue: Is the manufacturer liable for the injuries under the inference of negligence? Holding: Yes. Judgment for Plaintiff following the doctrine of res ipsa loquitor Rule of law: Res ipsa loquitur does not apply unless (1) A defendant has had exclusive control of the thing causing the injury (2) The accident is of such a nature that it ordinarily would not occur in the absence of negligence by the defendant. Reasoning: • It doesn't matter that we can't tell precisely whether the explosion was caused by an excessive charge or a defect in the glass. The fact is neither of causes could exist so the bottle wouldn’t explode if the due care had been used. • Even though the instrument causing the injury was not under...
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