ETH 321 Experience Tradition- tutorialrank.com

1. ETH 321 Assignment Week 1 Alternative Dispute Resolution (ADR) Ethics and Risk Management Study (Dazzling Dough Co. Vs Jerry’s Pizza) (2 Papers) For more course tutorials visit www.tutorialrank.com This Tutorial contains 2 Papers The purpose of this assignment is to analyze and select an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior, and to develop risk management procedures to avoid or reduce claims and litigation. Read the following scenario: Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of the restaurants buy at least 150 pounds of pizza dough from Dazzling Dough Co. in each order. Jerry's Pizza contacted Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with some other items. Dazzling Dough Co. sent Jerry's Pizza a written contract, prepared by Dazzling Dough Co.'s lawyer, stating that "Jerry's Pizza agrees to purchase 200 pounds of pizza dough, pizza toppings, desserts and soft drinks for $30,000." Jerry's Pizza signed and returned the contract. A few days later, Dazzling Dough Co. sent Jerry's Pizza 125 pounds of pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks.

2. Jerry's Pizza contacted Dazzling Dough Co. about the error in the contract and demanded an extra 75 pounds of pizza dough. Dazzling Dough Co. said there was no error, that Jerry's Pizza signed the contract so they agreed to the terms, and it was not sending the extra pizza dough. After several attempts to resolve the dispute and a pressing need for dough, Jerry's Pizza terminated the contract and sent Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza dough, pizza toppings, desserts and soft drinks. Jerry's Pizza immediately purchased 75 pounds of pizza dough from another company for $12,000. Both parties are threatening to sue each other for breach of contract. They prefer to resolve the dispute out of court because the contract contains a clause that awards reimbursement of attorney's fees to the winning party. The board of directors of Jerry's Pizza scheduled a meeting with you and other senior management at the company to discuss the dispute. You'll need to prepare a strategic plan overview (an abbreviated strategic plan, not a full plan) for the board that explains why there is a dispute, suggests various settlement proposals, and provides recommendations on how Jerry's Pizza can avoid this kind of dispute in the future. Prepare a 525- to 875-word strategic plan overview to resolve the legal dispute for the board (use the bullet point headings provided below to format your overview) addressing the following: Summary of Dispute Identify the source of the dispute. Identify each party's interpretation of the contract language. Identify whether each party's interpretation is reasonable.

3. Identify any missing facts that would be helpful to know in order to resolve the dispute. Proposed Revisions to Contract Language Recommend specific revisions to the contract's language so that it is clear what Jerry's Pizza expected to buy and what Dazzling Dough Co. is required to deliver. Ethical Considerations Explain the ethical considerations for a company to enforce specific terms of a contract against another company if the other company is mistaken about what was agreed to. Discuss the factors that should be considered. Recommendations Two to three possible settlement options (e.g., pay for the disputed dough, reduce the amount of dough to be purchased, split the difference, refuse to pay, etc.) Two to three methods of dispute resolution (e.g., negotiation, mediation, arbitration, litigation, etc.) that Jerry's Pizza can propose to Dazzling Dough Co. ==============================================

4. ETH 321 Assignment Week 2 Assignment Legal Duties Of Corporate Directors And Officers (Fitzgerald Foods Company Policy Document) (2 Papers) For more course tutorials visit www.tutorialrank.com This Tutorial contains 2 Papers The purpose of this assignment is to explain the legal duties imposed on corporate directors and officers, to determine whether a director or officer has violated his or her legal duties to the corporation, and to evaluate how a violation of such duties may negatively affect the corporation and its shareholders. Read the following scenario. Fitzgerald Foods is a food processing corporation. In the past year, three directors were forced to leave Fitzgerald Foods after it was discovered the directors breached their legal duties to the corporation. Two of the directors were also officers of the corporation. The chairman of the board at Fitzgerald Foods is concerned that the remaining directors don't understand their legal duties to the corporation and that new directors won't understand their duties either. You are the chief executive officer (CEO) of the corporation. The chairman of the board asked you to work with the corporation's legal

5. counsel to make a company policy document for directors and officers about their legal duties to the corporation. paper must be a 700- to 1,050 word company policy (template provided) for Fitzgerald Foods' directors and officers completing the following: • Legal Duties of Directors and Officers (a heading from policy document) • Explain the legal duties of directors and officers to the corporation, including the "business judgment rule." • Benefits of Compliance (a heading from policy document) • Discuss the benefits of compliance for Fitzgerald Foods. • Consequences of Noncompliance (a heading from policy document) • Analyze how unethical activity by a director or officer can lead to a violation of a legal duty owed to the corporation. • Provide a brief example from a news article or court case within the last three years that demonstrates corporate director or officer liability in the United States. • Recommend separately (not a heading on the policy document) to the chairman of the board in 45 to 90 words at least two business risk management procedures that Fitzgerald Foods can adopt in the future to avoid violations of legal duties by its directors and officers. Use the Fitzgerald Foods Company Policy template as a guide for your policy document. Search the internet for examples of completed policy documents using the following search parameters: policy document example, policy document template, policy document format, policy document sample,

6. or any variation you choose. An example may assist you to make your policy document. Cite a minimum of two references according to APA guidelines. ============================================== ETH 321 Assignment Week 3 Individual Signature Assignment-Employee Classification and Discrimination (Dream Massage) (2 Papers) For more course tutorials visit www.tutorialrank.com This Tutorial contains 2 Papers The purpose of this assignment is to evaluate different types of employment relationships and potential discriminatory employment policies from an ethical standpoint. Read the following scenario.

7. Janice was hired by Dream Massage to be a massage therapist. She is engaged as an independent contractor and, therefore, receives no tax withholding or employment benefits. Dream Massage requires Janice to work a set schedule, provides her with clients and all her massage products, and exercises complete control over how Janice does her work. In addition, when Janice shows up to work the first day, she is informed by Dream Massage that she cannot wear her hijab as it violates the company's dress code policy. The owner of Dream Massage comes to you, a human resources (HR) consultant, to find out if Janice is properly classified as an independent contractor and if there is potential liability concerning the hijab. Create a 700- to 1,050-word HR report for Dream Massage in which you examine the employment issues presented in the scenario. Include the following: • Analyze whether Janice qualifies as an employee or should be classified as an independent contractor. • Discuss whether Dream Massage has potentially violated any employment discrimination laws. • Analyze ethical considerations associated with the maintenance of a rigid company dress policy. Cite a minimum of three references. Format your paper consistent with APA guidelines. ==============================================

8. ETH 321 Assignment Week 3 Team Assignment Sexual Harassment Education for Managers (2 Papers) For more course tutorials visit www.tutorialrank.com This Tutorial contains 2 Papers The purpose of this assignment is to define sexual harassment in the workplace and its negative effect on employees and the business, to analyze the requirements for a sexual harassment claim, to develop methods that a business can adopt to reduce or eliminate sexual harassment claims and litigation, and to assess liability based on the form of business entity. Read the following scenario. High-profile sexual harassment scandals, such as allegations against Bill Cosby, Harvey Weinstein of the Weinstein Company, and Bill O'Reilly and Roger Aisles of Fox News, are changing the landscape of workplace sexual harassment claims and litigation. Conduct a roundtable discussion (in person, web conference, or via e- mail, text, etc.) with your Learning Team members regarding sexual harassment as a growing ethical and legal concern for businesses today.

9. Each Learning Team member must be prepared to discuss each topic. Assign a group moderator to keep the discussions on track. Your discussion should last at least 45 minutes to one hour and include the following: •Define sexual harassment and discuss applicable law (such as the Civil Rights Act of 1964). How does the state law in your state address sexual harassment? •Discuss a recent sexual harassment claim in the news and whether media coverage is beneficial or detrimental to reporting and reducing sexual harassment claims in the workplace. Should sexual harassment claims be addressed publicly or handled privately? •Explain the ethical and legal considerations of a business protecting its employees (the accuser, the accused, and other employees in the company) while a workplace sexual harassment investigation is underway. Does your answer change if the allegation is a widely known scandal-making front page news? •Compare the sexual harassment liability of a business entity that is a sole proprietorship with an entity that is a corporation. •Recommend risk management procedures a business can implement to avoid or reduce sexual harassment claims from occurring in the workplace.

10. ============================================== ETH 321 Assignment Week 4 Individual Trade secret theft study (Futuretek) (2 PPT) For more course tutorials visit www.tutorialrank.com This Tutorial contains 2 Presentations Read the following scenario. Futuretek sells high-tech computer chips and software to smartphone manufacturers worldwide. Futuretek maintains two software databases: one containing Futuretek's customer list with nonpublic contact information for key personnel, and the other containing customer purchasing trends. The information in the two databases is available for employees to view and use in connection with their job duties. Dana is a computer programmer for Futuretek. Dana plans to run her own company one day and design and sell her own computer chips to smartphone companies. As an employee, she has access to the two

11. databases containing Futuretek's key purchaser and purchasing trends information. Dana decides to leave Futuretek and start her own computer chip business. Before she leaves, she makes a copy of the two databases on a portable hard drive. Dana uses the information to contact Futuretek's customers and offer them cheaper, but comparable, computer chips manufactured by Dana's new company, SmartChip. Futuretek becomes aware of Dana's actions and asks you, the chief operations officer, for advice and recommendations on what to do. • Determine whether Dana has taken Futuretek's intellectual property (IP), and if so, describe the type(s) of IP that was taken. • Explain any civil actions in tort or criminal actions that may be brought against Dana or SmartChip. • Assume Futuretek sues SmartChip, and Futuretek wins the lawsuit. Recommend ethical policies that SmartChip can put into place to prevent future legal claims and litigation against the company. • Recommend risk management procedures that Futuretek can implement to avoid or limit this type of activity from happening to the company in the future. ==============================================

12. ETH 321 Assignment Week 4 Team Internet-Based- Contracting Issues Paper (Great Buys) (1200 Words) For more course tutorials visit www.tutorialrank.com The purpose of this assignment is to analyze internet-based contracting issues, such as online contract formation; to determine the requirements for performance and breach of online contracts; and to develop enforceable methods for dispute resolution. Read the following scenario. Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process. • Great Buys isn't sure it has a binding contract with its customers because the contract is completely online and in electronic format. • Customers have argued they are not bound to the online contract because there's no handwritten "pen and ink" signature. • Great Buys also wants to know if any international laws will apply when the company starts selling its electronic products internationally.

13. • Great Buys has been sued in different state courts all over the country, and it would like to know if an arbitration clause requiring that arbitration be conducted in New York City will be enforceable. • Finally, Great Buys wants one or two suggestions for improving its internal business procedures so that customer product complaints don't turn into contract-related claims or lawsuits. Great Buys' management team asks you, the company's contract manager, to work with your team and address their concerns. Prepare a 500 word report (excluding cover and reference pages) for Great Buys that addresses all of the company's concerns above. Your Learning Team should determine how to allocate tasks among the members (do not submit reports by individual Learning Team members). Cite a minimum of two references. Format your assignment according to APA citation guidelines (for audio or video option above or presentation option above) or APA formatting guidelines (for report option above). ==============================================

14. ETH 321 Assignment Week 4 Team Internet-Based- Contracting Issues Presentation (Great Buys) For more course tutorials visit www.tutorialrank.com The purpose of this assignment is to analyze internet-based contracting issues, such as online contract formation; to determine the requirements for performance and breach of online contracts; and to develop enforceable methods for dispute resolution. Read the following scenario. Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process. • Great Buys isn't sure it has a binding contract with its customers because the contract is completely online and in electronic format. • Customers have argued they are not bound to the online contract because there's no handwritten "pen and ink" signature. • Great Buys also wants to know if any international laws will apply when the company starts selling its electronic products internationally.

15. • Great Buys has been sued in different state courts all over the country, and it would like to know if an arbitration clause requiring that arbitration be conducted in New York City will be enforceable. • Finally, Great Buys wants one or two suggestions for improving its internal business procedures so that customer product complaints don't turn into contract-related claims or lawsuits. Great Buys' management team asks you, the company's contract manager, to work with your team and address their concerns. Prepare a 500 word report (excluding cover and reference pages) for Great Buys that addresses all of the company's concerns above. Your Learning Team should determine how to allocate tasks among the members (do not submit reports by individual Learning Team members). Cite a minimum of two references. Format your assignment according to APA citation guidelines (for audio or video option above or presentation option above) or APA formatting guidelines (for report option above). ==============================================

16. ETH 321 Assignment Week 5 Securities and International Regulatory Agencies For more course tutorials visit www.tutorialrank.com The purpose of this assignment is to analyze the effect of domestic and international regulatory agencies and court systems on business transactions and dispute resolution. Read the following scenario: You are the CEO of Bonner, a U.S.-based farm equipment corporation. Bonner recently announced the release of an innovative new tractor with technology based on a patented invention developed by Bonner's engineers. Bonner's vice president, who is aware of the upcoming product offering, bought 100,000 shares of Bonner stock prior to the announcement. You found out about the vice president's stock purchase on the day of the announcement. One week after the announcement, Bonner received a letter from a German farm equipment corporation, accusing Bonner of patent infringement based on the new tractor's technology. Bonner's board of directors asked you to assess the vice president's liability for the stock purchase and the company's options for resolving the German corporation's patent infringement claim.

17. Prepare an infographic for the board (e.g., Piktochart®, Publisher, Glogster®, Microsoft® PowerPoint®, etc.) in which you discuss the following: • Compare the resolution of the patent dispute in a U.S. court with the resolution of the dispute using the World Intellectual Property Organization's (WIPO) dispute resolution program. Search the internet to review WIPO's dispute resolution program. (Information about WIPO's dispute resolution program may be located on their website by searching the Internet for WIPO). • Assess the liability of Bonner's vice president for purchasing the corporation's stock prior to the announcement of the new tractor. • Assess whether Bonner has any legal or ethical duties to disclose the stock purchase, and if so, to whom? • Discuss risk management procedures Bonner can adopt to avoid or reduce situations like these from happening in the future. Create a 350- to 525-word letter in response to the German farm equipment company in which you: • Explain why Bonner is the owner of the invention • Discuss the intellectual property rights owned by Bonner in the invention • Suggest a method of dispute resolution (e.g., arbitration, mediation, litigation, WIPO dispute resolution), why that method would be desirable for resolving the dispute, and how and where the dispute resolution should be held (United States, foreign country, online, etc.). Cite a minimum of two references. Format your assignment according to APA guidelines.

18. ============================================== ETH 321 AssignmentWeek 1 Family-Owned Business Memo (mom and pop Grocery Store) (2 Papers) For more course tutorials visit www.tutorialrank.com This Tutorial contains 2 Papers Read the following scenario. A family-owned business can have special complications. The line separating family relationships and legal responsibilities can be unclear. It is important for directors, officers, and owners of a family-owned business to be aware of the issues to avoid misunderstandings and unintended liability and to preserve familial relationships. You are a consultant advising a "mom and pop" grocery store owned by Jeff and Joan, a married couple, and their two adult children, Martha and Henry. The grocery store operates under a subchapter S corporation. Jeff

19. and Joan as a couple own 70% of the corporation's shares, and Martha and Henry each own 15% of the shares. Jeff, Joan, and Martha are directors of the corporation, and Henry is the corporation's chief executive officer (CEO). Create a minimum 700-word client memorandum (memo) addressing the following: • Explain the legal duties that Jeff and Joan, as majority shareholders, have to Henry and Martha as minority shareholders. What are their duties to Henry (an owner) as directors of the corporation? • Define the types of ethical duties Jeff, Joan, Martha, and Henry have to each other as owners of the company. What about as family members? • Provide suggested steps the family can take to abide by their legal duties as directors and officers, yet still preserve relationships between family members. Click on Office Templates and use the following search parameter: memorandum. Format your paper consistent with APA Guidelines. You must use APA formatted headings to add organization to your paper. Use bold and centered first-level headings, and put second-level headings in bold at the left margin. Capitalize all major words in both headings and eliminate italics. Have a Summary or Conclusion first-level heading.

20. Cite to the textbook and a minimum of two peer-reviewed sources within your paper and they must also be identified in your APA correctly formatted References Page. Support your position/answers using legal terms, definitions and concepts found in this week's course materials. Format your paper so that all paragraphs have a minimum of three sentences. ============================================== ETH 321 Entire Course For more course tutorials visit www.tutorialrank.com ETH 321 Final Exam Guide (Aug 2018)

21. ETH 321 Final Exam Guide (New, June 2018) ETH 321 Assignment Week 1 Alternative Dispute Resolution (ADR) Ethics and Risk Management Study (Dazzling Dough Co. Vs Jerry’s Pizza) (2 Papers) ETH 321 Assignment Week 1 Family-Owned Business Memo (mom and pop Grocery Store) (2 Papers) ETH 321 Assignment Week 2 Assignment Legal Duties Of Corporate Directors And Officers (Fitzgerald Foods Company Policy Document) (2 Papers) ETH 321 Assignment Week 3 Individual Signature Assignment- Employee Classification and Discrimination (Dream Massage) (2 Papers) ETH 321 Assignment Week 3 Team Assignment Sexual Harassment Education for Managers (2 Papers) ETH 321 Assignment Week 4 Individual Trade secret theft study (Futuretek) (2 PPT)

22. ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues Paper (Great Buys) (1200 Words) ETH 321 Assignment Week 4 Team Internet-Based-Contracting Issues Presentation (Great Buys) ETH 321 Assignment Week 5 Securities and International Regulatory Agencies ETH 321 Week 2 Quiz ============================================== ETH 321 Final Exam Guide (Aug 2018) For more course tutorials visit www.tutorialrank.com ETH 321 Week Five Final Exam Answers

23. 1) The usual measure of damages for a breach of sales contracts is the difference between the contract price and the ________. A) current market price of the goods B) market price at the time of contract C) market price at the time of breach D) current cost price of the goods 2) The most common remedy for a breach of contract is an award of ________. A) injunctions B) substitute contracts C) reformations D) monetary damages 3) Which of the following statements is true of the NAFTA? A) It allows a member country to reimpose tariffs if imports are hurting that country's economy or its workers. B) It disallows any special protection being extended to specific industries. C) It disallows NAFTA members from trading with other countries unless a unanimous permission is obtained. D) It has been hailed by economists to be a perfect example of a free trade pact.

24. 4) Under the ________ rule, a contract with an intoxicated person is voidable only if the person was so intoxicated when the contract was entered into that he or she was incapable of understanding or comprehending the nature of the transaction. A) validation B) exclusionary C) force majeure D) majority 5) What is the significance of the age of majority in relation to legal contracts? A) People below the age of majority can directly enter into lawful contracts. B) Mentally incompetent persons need to achieve the age of majority in order to enter into a legal contract. C) It is the age above which people of capacity can enter into a legal contract. D) Minors who have entered the age of majority require his or her parents or guardian's consent to enter into a legal contract with adults.

25. 6) Which of the following is a difference between acceptance and revocation? A) Revocation is valid only if the offeree receives it, while an offeree's acceptance is valid when dispatched. B) Revocation can be done by the offeror or offeree, while an acceptance can only be done by the offeree. C) An acceptance must be received by the offeror to be valid, while a revocation need not be received by the offeree. D) A revocation can be made after acceptance, while an acceptance cannot be made after revocation. 7) Which of the following is true of the Uniform Commercial Code (UCC)? A) The UCC has never been amended since it was first drafted. B) The UCC is not considered as law, but rather as a guide to lawyers and judges. C) The provisions of the UCC normally take precedence over the common law of contracts. D) The UCC has been adopted in its entirety by all states. 8) Which of the following isone of the four basic requirements for contract formation and enforcement?

26. A) A promise must be supported by a signed written document and an advance payment. B) The parties must have contractual capacity. C) The object of the contract must be ethical. D) Both parties to the contract must be at least 21 years old. 9) Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________. A) invasion of the right to privacy B) tort of appropriation C) disparagement D) misappropriation of the right to publicity 10) Which of the following is true of merchant protection statutes? A) They allow merchants to detain shoplifters without being held liable for false imprisonment. B) They allow merchants to detain suspects for as long as the merchants deem necessary. C) They allow merchants to interrogate suspected shoplifters using forceful, coercive methods. D) They allow merchants to exact reasonable payments from suspects as a punitive measure.

27. 11) Which of the following statements is true of battery? A) It is considered an unintentional tort that the law considers to be trivial in nature. B) It is a legally sanctioned use of force on a particular individual. C) It is considered an act of negligence on the part of the perpetrator. D) It entails harmful and unauthorized contact between victim and perpetrator. 12) Which of the following is true of the Age Discrimination in Employment Act (ADEA)? A) Private plaintiffs cannot sue under the ADEA. B) Persons under 40 are not protected by the ADEA. C) Employees need to be a minimum of 55 years of age to be protected by the ADEA. D) Discrimination in certain employment decisions, like hiring, is permitted under the ADEA. 13) If a state enacts a law that increases its tax on imported automobiles but not on American-made automobiles, it violates the ________ of the U.S. Constitution. A) Equal Protection Clause

28. B) Foreign Commerce Clause C) Supremacy Clause D) Due Process Clause 14) Which of the following is true of religious discrimination under Title VII? A) Only monotheistic religions are covered under Title VII. B) An employer should reasonably accommodate religious observances or practices of its employees at the workplace. C) An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII. D) Religious organizations cannot give preference in employment to individuals of a particular religion. 15) Which of the following is true of the right to sue letter issued by the EEOC? A) It is issued when the EEOC chooses to bring suit. B) It is issued when the EEOC does not find a violation. C) It is issued when the complainant is found guilty. D) It is issued only when the discrimination is racial in nature. 16) Which of the following statements is true of child labor regulations adopted by the Department of Labor?

29. A) Children between the ages of 14 and 15 may work unlimited hours in nonhazardous jobs. B) Children between the ages of 16 and 17 may work limited hours in hazardous jobs. C) Children under the age of 14 may work limited hours in nonhazardous jobs. D) Children employed in agriculture have no time or work restriction. 17) Which of the following is true of workers' compensation? A) Families of workers cannot claim workers' compensation despite the death of the worker. B) Workers' compensation is only awarded for injuries resulting from the job. C) The claim for workers' compensation must be filed with the employer. D) Workers' compensation is a fixed amount throughout the country. 18) Under Title VII of the Civil Rights Act, if a supervisor harasses an employee but no tangible employment action is taken, then ________. A) the employer is strictly liable for the harassing supervisor's conduct B) the employer cannot raise a defense to avoid liability

30. C) the employer is vicariously liable unless it can prove affirmative defense D) the rules of employer liability are the same as they would be if the harassing employee was a coworker 19) Which of the following is true of Good Samaritan laws? A) They relieve doctors from liability for ordinary negligence when they render aid to victims in emergency situations. B) They exempt doctors from liability for gross negligence when they render aid to victims in emergency situations. C) They absolve doctors from liability for injuries caused by reckless conduct when they render aid to victims in emergency situations. D) They free doctors from liability for injuries caused by intentional conduct when they render aid to victims in emergency situations. 20) In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________. A) assumed there was no risk involved and entered into the activity that injured him or her B) was injured after the defendant's liability for the risk ended C) was injured in an activity that had no risk of any manner D) had knowledge of the specific risk and voluntarily presumed the risk

31. 21) A ________ program allows a person who provides information that leads to a successful SEC action in which more than $1 million is recovered to receive 10 percent to 30 percent of the money collected. A) whistleblower bounty B) security bounty C) surveillance bounty D) defense bounty 22) Price fixing ________. A) is a reasonable violation of Section 1 of the Sherman Act B) is a process seen exclusively among sellers of goods and services C) is permissible as it helps consumers or protects competitors from ruinous competition D) also involves fixing the quantity of a product or service to be produced or provided 23) Conscious parallelism is seen when ________.

32. A) parties at different levels enter into an agreement to adhere to a price schedule that stabilizes prices B) one party makes an independent choice not to deal with another C) two or more firms act the same but no concerted action is shown D) a party's anticompetitive effects outweigh their procompetitive effects 24) Which of the following best describes quid pro quo sex discrimination? A) employment discrimination because of pregnancy, childbirth or related medical conditions B) discrimination where sexual favors are requested in order to obtain a job or be promoted C) discrimination in hiring or promotion based on the gender of the employee under consideration D) selective or partial treatment offered to an employee or a group of employees based on their gender 25) The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident. A defect in manufacture of the plaintiff's vehicle is found to be 60 percent responsible for the accident, while the plaintiff's own negligence is 40 percent responsible.

33. Under the doctrine of comparative negligence, how much would the defendant–the manufacturer of the vehicle–have to pay the plaintiff in damages? A) $60,000 B) $40,000 C) $100,000 D) The defendant would not have to pay any amount in damages. 26) A(n) ________ refers to a document that an issuer of securities files with the SEC that contains required information about the issuer, the securities to be issued, and other relevant information. A) organization statement B) operating statement C) registration statement D) certificate of interest 27) Which of the following is true of registration statements?

34. A) A registration statement must be accompanied by financial statements certified by certified public accountants. B) A registration statement once submitted cannot be amended. C) The SEC judges the merits of the securities based on the registration statement. D) The registration statement need not reveal how a company plans on using the proceeds from the offering. 28) Lori just purchased a brand new lawnmower for $500. When she got home and tried to use it, it would not work. She became angry and shouted, "I'd sell this thing for $50." Her neighbor heard her and said, "I'll take it," and offered Lori the $50 in cash. Which of the following best describes this situation? A) This is an enforceable bilateral contract. B) This is an express contract. C) This situation does not result in the creation of a contract. D) Contract formation in this case depends on whether the neighbor subjectively thought Lori was serious. 29) Jorge, a fork-lift truck operator for retail chain Hansridges, was injured when the fork-lift he was operating toppled over. The fork-lift

35. truck was manufactured and maintained by Ionic Machines, Inc. As he was covered by workers' compensation insurance, he could recover workers' compensation benefits. However, it was later found that the fork-lift truck was not designed to be used to lift as much weight as Ionic Machines claimed it could. Which of the following statements is Jorge's course of action? A) He can sue Hansridges for injuries suffered during employment. B) He can sue Hansridges for hazardous work environment. C) He can sue Ionic Machines for damages. D) He cannot sue anyone as he has already received workers' compensation. 30) What color is an Orange? A) Maize B) Blue C) Maize & Blue D) Orange Answer: D ==============================================

36. ETH 321 Final Exam Guide (New) For more course tutorials visit www.tutorialrank.com Civil enforcement powers regarding federal antitrust matters belong to _______. • the Treasury Department • the Department of Revenue and Taxation • the FTC and the Department of Justice

37. • the Department of Labor Which of the following is true of tort law? • It protects people from being tried twice for the same crime. • Tort law typically deals with breach of contract. • It provides compensation to those workers who have been injured on the job.

38. • It sets limits on how people can act and use their resources. Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does not mention prices. The server takes their order and both Betty and Fred enjoy the meal immensely. When the bill comes, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating and offer and acceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the server merely asked “What may I get you tonight?” Which of the following is true? • Fred must pay based on an implied-in-fact contract theory. •

39. Fred must pay based on a promissory estoppel theory. • Fred must pay based on expressed contract theory. • Fred is correct because no contract was formed. Which of the following statements is true of the WARN Act? • It requires employers to give notice to an “at will” employee that he/she is being fired.

40. • It requires employers to give notice to employees that they are being subjected to polygraph tests. • It requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees. • It requires employers to give notice of a scheduled mass layoff. _____________ jurisprudence supports the idea that law can and should change to meet new developments in society. •

41. Sociological • Natural • Historical • Positive law Which of the following is true of the assumption of risks during delivery of goods? •

42. The buyer is responsible for damages to goods when the seller is about to transfer for shipment. • The seller is liable for any damages incurred to the goods during shipment. • The buyer is liable for any damages incurred to the goods during shipment. • The seller is always responsible for shipping the goods to the buyer. A 911 emergency response service needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected due

43. to poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is squashed. Here, the defense of the federal government is on the grounds of _______. • inculpatory evidence • circumstantial evidence • bona fide occupational qualifications • exclusionary rule

44. Article 6 of the Treaty on European Union, called the Maastricht Treaty, states the EU is founded on: • private markets • rule of law • specific performance •stare decisis Interpreting Congressional intent, which of the following is never a bona fide occupational qualification (BFOQ)? •Race •National origin

45. • Sex •Religion Ethical formalists maintain that: • the good of the many always supersedes the good of the few. • harm to an individual is allowable as long as it serves a greater good. •

46. harm to individual rights is never justified by an increase in organizational or common good. • values are situational and change based on circumstance. The classification of crime is based on ________. • punishment imposed if convicted • prior record •

47. location • the judge's prerogative Which of the following issues of administrative agencies relates to the substantive outcome of agencies’ rule-making and adjudicating authority? • The administrative process is overwhelmed with paperwork and meetings. • Enforcement of some laws varies over time. •

48. The reward system usually does not make a significant distinction between excellent, mediocre, and poor performance. • It is very difficult to discharge unsatisfactory employees. Which of the following is true of the use of alternative dispute resolution (ADR) techniques? • Disputing parties can agree to use an ADR technique after the dispute arises. •

49. ADR techniques are ineffective once the pretrial process has begun. • Disputing parties cannot use an ADR technique not specified in the original agreement. • Disputing parties must begin a lawsuit to use any form of ADR. The crucial issue with the continuity factor of a business’s organizational form is _______. • the method by which the business can be dissolved

50. • profit distribution • the method of customer service observed • management style The ___________ holds that contracts or conspiracies in restraint are illegal only if they constitute undue or unreasonable restraints of trade and that only unreasonable attempts to monopolize are covered by the Sherman Act. •