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<strong>LAW</strong> <strong>531</strong> Week 6 Quiz<br />
<strong>LAW</strong> <strong>531</strong> Week 6 Quiz<br />
.) Three of the largest automobile dealers agreed among themselves as to what<br />
price they would pay to manufacturers for windshields to put in new vehicles.<br />
Would this constitute illegal price fixing? If so, what kind?<br />
Yes. This is both buyers’ and sellers’ illegal per se price fixing.<br />
No. This is not illegal price fixing.<br />
Yes. This is sellers’ illegal per se price fixing.<br />
Yes. This is buyers’ illegal per se price fixing.<br />
2.) ________ is a clause in an international contract that designates which<br />
nation’s laws will be applied in deciding a dispute arising out of the contract.<br />
Equal Protection Clause<br />
Choice of law clause<br />
Forum-selection clause<br />
Supremacy Clause<br />
3.) Which of the following is provided under the Foreign Sovereign Immunities<br />
Act?<br />
It regulates commerce between the United States and foreign nations.<br />
It exclusively governs suits against foreign nations that are brought in courts in the<br />
United States.<br />
It stipulates the rules for conflict resolution among the DR-CAFTA members.<br />
It endows the president with powers to enter into treaties with foreign nations<br />
4.) Negotiators from which of the following nations signed the North American<br />
Free Trade Agreement in 1992?<br />
The United States, Mexico, and Canada<br />
The United States and Mexico
The United States, Mexico, and Panama<br />
The United States and Canada<br />
5.) Which of the following is a restraint of trade in which a seller refuses to sell<br />
one product to a customer unless the customer agrees to purchase a second product<br />
from the seller?<br />
Price fixing<br />
Group boycott<br />
Tying arrangement<br />
Predatory pricing<br />
6.) Which of the following is required under the Biosafety Protocol sponsored by<br />
the United Nations in the year 2000?<br />
All genetically altered foods must be clearly labeled as such.<br />
Genetically altered foods must be shipped in separate containers from foods that<br />
are not genetically altered.<br />
Nations are free to prohibit the import of genetically altered foods without<br />
violating free-trade agreements.<br />
Whenever genetically altered foods are offered for sale, comparable food that is<br />
not genetically altered must be made available at a comparable price.<br />
7.) Which of the following is codified under the Foreign Sovereign Immunities<br />
Act?<br />
The supremacy clause<br />
The act of state doctrine<br />
The principle of restricted immunity<br />
The choice of forum clause<br />
8.) By default, a case involving an international dispute is prosecuted only in
a court in the plaintiff’s country<br />
a court in the defendant’s country<br />
the International Court of Justice<br />
a court in a neutral country<br />
9.) Which of the following is an international organization of 153 member<br />
nations created in 1995 to promote and enforce trade agreements among member<br />
countries and customs territories<br />
General Agreement on Tariffs and Trade<br />
North American Free Trade Commission<br />
World Trade Organization<br />
International Monetary Fund<br />
10.) What are the primary sources in the U.S. Constitution of the federal<br />
government’s power over international affairs?<br />
The Foreign Commerce Clause and the Treaty Clause<br />
The Commerce Clause and the Privileges and Immunities Clause<br />
The Treaty Clause and the War Powers Clause<br />
The Treaty Clause and the Police Power<br />
11.) In the United States, how may states regulate interactions with foreign<br />
nations?<br />
The states can pass laws so long as they do not unduly burden foreign commerce,<br />
but the states have no authority to enter into treaties with foreign nations.<br />
The states can pass laws and enter into treaties with foreign nations so long as they<br />
do not unduly burden foreign commerce.<br />
The states can pass laws affecting foreign commerce and enter into treaties with<br />
foreign nations so long as they first obtain the consent of the Senate.<br />
The states have no power over foreign affairs because the U.S. Constitution grants<br />
that power exclusively to the federal government.
12.) Which of the following products would be covered by the Consumer<br />
Product Safety Act?<br />
Firearms<br />
Toys<br />
Aircraft<br />
Automobiles<br />
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<strong>LAW</strong> <strong>531</strong> Week 6 Learning Team Reflection Week 6 IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> Week 6 Learning Team Reflection Week 6 IRAC Brief<br />
Read “The IRAC method of case study analysis.”<br />
Select one legal case from a current event that has taken place within the past 2<br />
years relevant to the following objective.<br />
5.1: Identify applicable regulatory compliance requirements for business situations.<br />
Select a second legal case from a current event that has taken place within the past<br />
2 years relevant to the following objective:<br />
6.1: Evaluate legal risks associated with domestic and international business<br />
activity.<br />
Discuss the selected cases with your Learning Team.<br />
Brief the selected cases as a Learning Team.<br />
Write two separate case briefs using the IRAC method.
Write an explanation for each brief of no more than 750 words about how the<br />
legal concepts in the selected case can be applied within a business managerial<br />
setting.<br />
Click the Assignment Files tab to submit your assignment.<br />
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<strong>LAW</strong> <strong>531</strong> Week 5 Quiz<br />
<strong>LAW</strong> <strong>531</strong> Week 5 Quiz<br />
Which of the following powers do administrative agencies typically have?<br />
Statute interpretation, law enforcement, and mediation<br />
Law enforcement, statute interpretation, and dispute resolution<br />
Dispute adjudication, mediation, and rulemaking<br />
Rulemaking, statute interpretation, and dispute adjudication<br />
2.) Which of the following is true of the Federal Trade Commission?<br />
It is a federal agency created by Congress<br />
It is a branch of the U.S. Supreme Court<br />
It is a temporary commission created by executive order that has become<br />
permanent<br />
It is a corporation subsidized by the federal government<br />
3.) If a corporate officer or director acts in a manner to make use of an advantage<br />
that he or she knows will only benefit himself or herself and deprives the<br />
corporation of that advantage, what breach of fiduciary duty has been committed?<br />
Duty of care by violation of the business judgment rule<br />
Duty of loyalty by self-dealing
Duty of obedience by competing with the corporation<br />
Duty of loyalty by usurping a corporate opportunity<br />
4.) If a corporate officer in the position of secretary intentionally takes over the<br />
powers provided to the treasurer in the corporate documents, what fiduciary duty<br />
does that corporate secretary breach?<br />
Duty of care<br />
Duty of good faith and fair dealing<br />
Duty of obedience<br />
Duty of loyalty<br />
5.) Under what system of corporate voting by shareholders can a minority<br />
shareholder achieve success in electing someone to the board of directors?<br />
Straight voting<br />
Cumulative voting<br />
Absentee voting<br />
Proxy voting<br />
6.) In 1970, Congress established an administrative agency to enforce statutes<br />
enacted to protect the air and water of this country. What is the name of this<br />
agency?<br />
Environmental Protection Agency<br />
Army Corps of Engineers Agency<br />
National Ambient Air Quality Standards Agency<br />
Air Quality Control Agency<br />
7.) In order to protect wildlife that may be subject to scarcity, which Executive<br />
Branch cabinet member designates which species of wildlife may be endangered or<br />
threatened?
Secretary of the Interior<br />
Secretary of Health and Human Services<br />
Secretary of Commerce<br />
Secretary of Homeland Security<br />
8.) Tuff-Steele Constructions, Inc. has not been adhering to appropriate worker<br />
safety rules. As a result, there have been an increased number of on-site accidents<br />
and several construction workers have sustained serious injuries. Which of the<br />
following powers will allow an administrative agency to bring agency proceedings<br />
against Tuff-Steele Constructions?<br />
Licensing<br />
Judicial authority<br />
Rulemaking<br />
Executive power<br />
9.) Unless otherwise stated in the articles of incorporation, a quorum to hold a<br />
meeting of the shareholders is generally defined as which of the following?<br />
The number of registered shareholders eligible to vote at a given time<br />
A committee of directors selected to vote on a corporation action<br />
A majority of shareholders required to be present to vote on a corporate action<br />
The number of shareholder votes necessary to pass an action<br />
10.) The Sarbanes-Oxley Act is intended to increase the confidence of the public<br />
and investors through increasing which of the following?<br />
Corporate veil<br />
Separation of powers<br />
Director complacency<br />
Corporate governance<br />
11.) Which of the following is likely to be a breach of a corporate officer’s or<br />
director’s duty of care?
Failing to anticipate a drop in the consumer demand of the company’s product<br />
Failing to react appropriately to a severe rise in the prime interest rate<br />
Failing to predict a raw materials shortage resulting from a natural disaster<br />
Failing to predict the startup of a new competitor<br />
12.) In order to prevent and clear hazardous wastes that increase mortality or<br />
serious illness, the federal government established a specific method to finance the<br />
cleaning of polluted areas by enacting what statute?<br />
The Comprehensive Environmental Response, Compensation, and Liability Act<br />
The Superfree Act<br />
The Toxic Substances and Control Act<br />
The Insecticide, Fungicide, and Rodenticide Act<br />
13.) The Sarbanes-Oxley Act prohibits publicly traded companies from making<br />
personal loans to whom?<br />
Its executive officers or directors<br />
Its majority shareholders<br />
Its certified public accountants<br />
Its legal counsel<br />
14.) Officers of a corporation typically can have which types of agency authority<br />
to bind the corporation?
Express, applied, and apparent<br />
Express, implied, and apparent<br />
Express, transparent, and applied<br />
Express, transparent, and implied<br />
15.) According to the provisions set forth by the Sarbanes-Oxley Act, which<br />
federal government agency may issue an order prohibiting any person who has<br />
committed securities fraud from acting as an officer or a director of a public<br />
company?<br />
United States International Trade Commission<br />
Federal Reserve System<br />
Federal Communications Commission<br />
Securities and Exchange Commission<br />
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<strong>LAW</strong> <strong>531</strong> Week 5 Learning Team Reflection IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> Week 5 Learning Team Reflection IRAC Brief<br />
Read “The IRAC method of case study analysis.”<br />
Select one legal case from a current event that has taken place within the past 2<br />
years relevant to the following objectives:<br />
5.2: Explain the governance principles of regulatory compliance requirements.
5.3: Determine methods for managing legal risk arising from regulatory<br />
compliance issues.<br />
Discuss the selected case with your Learning Team.<br />
Brief the selected case as a Learning Team.<br />
Write a case brief using the IRAC method.<br />
Write an explanation of no more than 750 words about how the legal concepts in<br />
the selected case can be applied within a business managerial setting.<br />
Click the Assignment Files tab to submit your assignment.<br />
Complete the Discrimination Scenario Simulation involving a discrimination issue<br />
at the workplace and associated legal issues.<br />
Write responses to the decision points embedded in the simulation.<br />
Download your written responses after completing the simulation. The<br />
downloaded document must be submitted to receive credit for the assignment.<br />
Click the Assignment Files tab to submit your assignment.<br />
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<strong>LAW</strong> <strong>531</strong> Week 5 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 5 DQ 4<br />
Discuss horizontial and vertical restraints of trade. Which are prohibited and why?<br />
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<strong>LAW</strong> <strong>531</strong> Week 5 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 5 DQ 3<br />
Does the USDA and the FDA provide us with adequate protection from harmful<br />
foods, drugs, medical devices, drugs and medical procedures?<br />
or<br />
Does the EPA provide us with adequate protection from harmful air and water<br />
pollution?<br />
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<strong>LAW</strong> <strong>531</strong> Week 5 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 5 DQ 2<br />
Discuss the law of administrative rulemaking and provide an example.<br />
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<strong>LAW</strong> <strong>531</strong> Week 5 DQ 1<br />
<strong>LAW</strong> <strong>531</strong> Week 5 DQ 1<br />
Directors and officers are subject to the duty of care and the duty of loyalty.<br />
Discuss the law concerning one of these duties and provide an example.<br />
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<strong>LAW</strong> <strong>531</strong> Week 5 Discrimination Scenario Simulation<br />
<strong>LAW</strong> <strong>531</strong> Week 5 Discrimination Scenario Simulation
Complete the Discrimination Scenario Simulation involving a discrimination issue<br />
at the workplace and associated legal issues.<br />
Write responses to the decision points embedded in the simulation.<br />
Download your written responses after completing the simulation. The<br />
downloaded document must be submitted to receive credit for the assignment.<br />
Click the Assignment Files tab to submit your assignment.<br />
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<strong>LAW</strong> <strong>531</strong> Week 4 Quiz<br />
<strong>LAW</strong> <strong>531</strong> Week 4 Quiz<br />
Which of the following are protected classes under Title VII of the 1964 Civil<br />
Rights Act?<br />
Race, national origin, and sex<br />
Race, national origin, and political affiliation<br />
Race, religion, and sexual orientation<br />
Race, national origin, and alien status<br />
2.) What is the current status of right-to-work laws?<br />
If a state passes a right-to-work law, then state and local government employees<br />
can unionize.<br />
If a state passes a right-to-work law, then individual employees will have to pay<br />
union dues even if they do not belong to the union.<br />
Congress has passed a law prohibiting states from passing right-to-work laws.<br />
If a state passes a right-to-work law, then individual employees cannot be forced to<br />
join a union.
3.) Under what conditions must an employer allow nonemployee union<br />
solicitation on company property?<br />
If the union is affiliated with another union that currently represents other<br />
employees of the company<br />
If there is currently no union representing the company’s employees<br />
If the purpose is to solicit employees to change union representation rather than to<br />
solicit nonunion workers to join a union<br />
If the employees live in a company town such that it would be difficult to solicit<br />
the employees off company property<br />
4.) In a hostile work environment sexual harassment claim, the employer will<br />
have a successful defense if the employer can show which of the following?<br />
The employer took reasonable care to prevent or correct the conduct and the<br />
employee did not take advantage of corrective or preventive opportunities of the<br />
employer to remedy the situation.<br />
The employee was offended by conduct in the workplace and that the employer in<br />
good faith did not consider the conduct to be offensive and therefore did not seek<br />
to correct or prevent it.<br />
There were no adverse consequences to the employee’s work status, such as a<br />
demotion or denied promotion, even though the employer did not proactively<br />
address the situation.<br />
The employee stands to personally gain if the persons engaging in the sexual<br />
harassment are reprimanded regardless of whether or not the employer did<br />
anything to remedy the situation or take corrective action.
5.) Which of the following statutes regulates internal union affairs and<br />
establishes certain rights of union members?<br />
The Worker Adjustment and Retraining Notification Act<br />
The National Labor Relations Act<br />
The Labor Management Reporting and Disclosure Act<br />
The Labor Management Relations Act<br />
6.) Which of the following statements is true about workers’ compensation?<br />
The employer is strictly liable for employment-related injuries, and the claim is<br />
filed through an administrative procedure rather than an ordinary lawsuit.<br />
The employer can avoid liability if the injured employee was contributorily<br />
negligent in causing the injury.<br />
If the employee is dissatisfied with the amount received under the workers’<br />
compensation system, the employee generally then can file an ordinary lawsuit.<br />
The employee must decide whether to seek a workers’ compensation payment or<br />
file an ordinary lawsuit against the employer.<br />
7.) Which of the following powers does the Equal Employment Opportunity<br />
Commission have?<br />
Pass amendments to the 1972 Amendments to the Civil Rights Act of 1964<br />
Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination<br />
statutes<br />
File suits to enforce antidiscrimination statutes on behalf of complainants<br />
Legislate antidiscrimination statutes<br />
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<strong>LAW</strong> <strong>531</strong> Week 4 Learning Team Reflection IRAC Brief
<strong>LAW</strong> <strong>531</strong> Week 4 Learning Team Reflection IRAC Brief<br />
Read “The IRAC method of case study analysis.”<br />
Select one legal case from a current event that has taken place within the past 2<br />
years relevant to this week’s objectives.<br />
Discuss the selected case with your Learning Team.<br />
Brief the selected case as a Learning Team.<br />
Write a case brief using the IRAC method.<br />
Write an explanation of no more than 750 words about how the legal concepts in<br />
the selected case can be applied within a business managerial setting.<br />
Click the Assignment Files tab to submit your assignment.<br />
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<strong>LAW</strong> <strong>531</strong> Week 4 Individual Assignment Contract Creation And<br />
Management Simulation<br />
<strong>LAW</strong> <strong>531</strong> Week 4 Individual Assignment Contract Creation and Management<br />
Simulation<br />
Complete the Contract Creation and Management Simulation involving a contract<br />
issue and associated legal issues.<br />
Write responses to the decision points embedded in the simulation.<br />
Download your written responses on completion of the simulation. The<br />
downloaded document must be submitted in order to receive credit for the<br />
assignment.<br />
Click the Assignment Files tab to submit your assignment.
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<strong>LAW</strong> <strong>531</strong> Week 4 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 4 DQ 4<br />
Big Al is a parking lot attendant who works for the Daily Bugle, a large<br />
newspaper. Big Al is also a sumo wrestler in his spare time. He weighs 450<br />
pounds and is in excellent physical condition, although he is classified as being<br />
morbidly obese according to weight charts and his doctor. Big Al’s duties at the<br />
Daily Bugle are limited to sitting in a chair and collecting money. He has no<br />
trouble getting into the small kiosk where he collects parking fees. Admittedly, his<br />
chair was a little small, but he replaced it with a larger one.<br />
The Daily Bugle discharged Big Al on the grounds that he is too obese to do his<br />
job.<br />
Legally, what will be the result and why?<br />
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<strong>LAW</strong> <strong>531</strong> Week 4 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 4 DQ 3<br />
Margaret was working with Morty, a graphic artist, on a major beer account at a<br />
large advertising agency located in the US. After a lengthy work meeting, she and<br />
Morty returned to his office to pick up some layouts Morty had forgotten to<br />
bring. On Morty’s desk and in plain view, Margaret she saw a series of nudes in<br />
suggestive poses that Morty had drawn. Morty asked if Margaret would like to see<br />
them but Margret didn’t pick them up. Margaret was stunned. She had heard of<br />
“Morty’s nudes” through the grapevine, but had never believed they existed. Now,<br />
as she stared in shock at the drawings, Morty smiled coyly and asked if she would<br />
like a drink. At this point, Margaret opened the door to the office and left.<br />
The following day, Margaret took her first action in defending her rights by filing a<br />
lawsuit against Morty and her employer for sexual harassment.<br />
What will be the result?
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<strong>LAW</strong> <strong>531</strong> Week 4 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 4 DQ 2<br />
What is the constitutional basis of unionism in the US that permits organizing,<br />
picketing and striking. Please discuss.<br />
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<strong>LAW</strong> <strong>531</strong> Week 4 DQ 1<br />
<strong>LAW</strong> <strong>531</strong> Week 4 DQ 1<br />
The State of Filbert passed a statute that allows employers to pay nonproductive<br />
employees less than productive employees. The law requires annual performance<br />
reviews of all employees regardless of race, religion, ethnicity, gender and age and<br />
that pay adjustments be made on the basis of productivity. Jennifer is a woman<br />
seven months pregnant who has received an annual performance review and a pay<br />
adjustment reducing her pay by the percent that her productivity is below the<br />
average of all women in her job classification.<br />
Please comment on the legality of this statute as well as Jennifer’s rights under all<br />
relevant laws.<br />
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<strong>LAW</strong> <strong>531</strong> Week 3 Learning Team Reflection Week 3 IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> Week 3 Learning Team Reflection Week 3 IRAC Brief<br />
Read “The IRAC method of case study analysis.”<br />
Select one legal case from a current event that has taken place within the past 2<br />
years relevant to the following objectives:<br />
3.3: Differentiate between personal, real, and intellectual property issues.
3.4: Determine appropriate methods to address potential property issues.<br />
Discuss the selected case with your Learning Team.<br />
Brief the selected case as a Learning Team.<br />
Write a case brief using the IRAC method.<br />
Write an explanation of no more than 750 words about how the legal concepts in<br />
the selected case can be applied within a business managerial setting.<br />
Click the Assignment Files tab to submit your assignment.<br />
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<strong>LAW</strong> <strong>531</strong> Week 3 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 3 DQ 4<br />
Luke and Duke inherited Blueacre (a house) as joint tenants. They leased Blueacre<br />
to Bart for a period of twelve years. There was an oral agreement between<br />
Luke/Duke and Bart (no written agreement). After Bart had occupied Blueacre for<br />
one year, Duke died. In year two of Bart’s occupancy, Edward, the next door<br />
neighbor to the north side of Blueacre, put up a fence that was 50 feet onto<br />
Blueacre, which represented a sizable amount of money in land. Edward asked<br />
Bart if he could put up the fence, and Bart said, “Sure, you have my<br />
permission.” In year 11 of Bart’s tenancy, Luke drove by and saw the fence.<br />
Luke wants the fence off Blueacre or he wants cash for the land taken by the<br />
fence. Luke also feels Bart is responsible.<br />
What are the rights of Luke, Duke’s family, Edward and Bart?<br />
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<strong>LAW</strong> <strong>531</strong> Week 3 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 3 DQ 3<br />
Arthur is a an 12 year old with an IQ of 150. On his birthday, Arthur received a<br />
gift of $500 in cash from his Aunt, who told him to buy what he wanted. Since<br />
Arthur was interested in stamps, he ordered the “100 Special Stamps a Month”<br />
offer for 12 months from the Excelsior Stamp and Coin Company. Arthur was<br />
mistaken about the price of the “100 Special Stamps a Month” offer. It was<br />
actually $50 a month. Arthur thought it was $5 dollars a month, and sent Excelsior<br />
$60, which he thought was full payment. After Arthur sent the $60, he lost all<br />
interest in the stamps and ignored all further requests for payment Excelsior.<br />
Excelsior, outraged over Arthur’s delinquent account, has sued Arthur’s parents for<br />
$540, representing the balance due. Who wins and why?<br />
If Excelsior loses the contract case, can it sue Arthur for promissory estoppel?<br />
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<strong>LAW</strong> <strong>531</strong> Week 3 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 3 DQ 2<br />
Luke went to Larchmont, Inc.’s website to order some merchandise. On the<br />
internet order form that Larchmont provided, it said, “ALL WHOLESALE<br />
ORDERS MUST BE CALLED IN TO OUR 800 NUMBER. THIS ORDER<br />
FORM IS FOR RETAIL ONLY.” Luke was at the website at 3 AM and no one<br />
was manning the phones at Larchmont. The fields in the internet order form were<br />
malfunctioning and did not automatically supply or calculate information. Luke<br />
filled our the internet order form ordering 500 star sapphire toothpick, but only at<br />
50% off list. Luke was not a merchant. He wanted the toothpicks to give to his<br />
many friends.
On Monday morning, Larchmont opened Luke’s order and charged his credit card<br />
at the full retail price for all 500 units.<br />
Is there a contract, and if so, what is it?<br />
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<strong>LAW</strong> <strong>531</strong> Week 3 DQ 1<br />
<strong>LAW</strong> <strong>531</strong> Week 3 DQ 1<br />
Mark has developed a database of pizza recipes, which he has been selling locally<br />
as “Pidgeonhole Pizza Recipes,” which he now wants to market nationwide on the<br />
world wide web. There is nothing unique about the database design or function,<br />
which is similar to other databases already on the market. However, the<br />
information in the database is highly original, and therein is its value.<br />
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<strong>LAW</strong> <strong>531</strong> Week 2 Quiz<br />
<strong>LAW</strong> <strong>531</strong> Week 2 Quiz<br />
Which of the following is a key element of successful Enterprise Risk<br />
Management?<br />
Legal counsel<br />
Strong investment strategies<br />
Nondisclosure agreements<br />
Management commitment<br />
2.) According to the doctrine of ________, the plaintiff is not required to prove<br />
that the defendant breached a duty of care.
comparative negligence<br />
assumption of risk<br />
strict liability<br />
contributive negligence<br />
3.) Mary was getting a ride home in John’s new car. On the way, a<br />
malfunctioning brake caused an accident and both Mary and John were injured.<br />
Which of the following statements is true of this situation?<br />
Mary can file a negligence lawsuit against the dealership that sold John his car.<br />
Mary can recover damages for her injury under a theory of strict liability against<br />
the manufacturer of John’s car.<br />
Mary can file a strict liability lawsuit against John.<br />
John can file a negligence lawsuit against the dealership from which he bought the<br />
car.<br />
4.) Select the option which best completes this statement: Enterprise Risk<br />
Management is most effective when it is a(n) _________ process.<br />
informal<br />
one-time<br />
static<br />
ongoing<br />
5.) Assuming that statutory requirements have been met, what is protected under<br />
merchant protection statutes?<br />
Merchants are protected from the intentional torts of their customers.
Merchants are protected from negligence claims on their business premises.<br />
Merchants are protected from product disparagement claims of their competitors.<br />
Merchants are protected from false imprisonment claims of persons detained on<br />
suspicion of shoplifting.<br />
6.) Which of the following is the best statement of the test applied in determining<br />
if a defendant’s actions were the proximate cause of the plaintiff’s injuries?<br />
Was it foreseeable that the defendant was the cause of the plaintiff’s injuries given<br />
the nature of those injuries?<br />
Was the injury foreseeable to the plaintiff prior to the injury’s occurrence?<br />
Was it foreseeable that the defendant’s conduct would lead to the kind of injury<br />
that the plaintiff suffered?<br />
Was it foreseeable to the plaintiff that the defendant would engage in this conduct<br />
7.) Which of the following is a defect in manufacture?<br />
Failure to properly design the product<br />
Failure to include adequate instructions for the product<br />
Failure to properly test the product<br />
Failure to properly package the product<br />
8.) John Harley was on his way home when an assailant stopped his car and<br />
threatened to physically harm him if he ever saw him drive on that street again.<br />
John can sue the assailant to recover damages for
disparagement<br />
battery<br />
libel<br />
assault<br />
9.) Diane bought an action figure for her son David from Terrence’s Toy Shop.<br />
The packaging did not mention that the toy contained small detachable parts.<br />
David accidentally swallowed and choked on one of the detachable parts and had<br />
to be taken to the hospital. On which of the following product liability charges can<br />
Diane sue Terrence’s Toy Shop for damages?<br />
Nuisance<br />
Fraud<br />
Negligence<br />
Misrepresentation<br />
10.) How does product disparagement differ from defamation of a nonpublic<br />
figure?<br />
Malicious intent is required for a disparagement case, but is not required in the<br />
defamation case<br />
Publication to a third party is required in the defamation case, but not in the<br />
disparagement case<br />
Publication to a third party is required in the disparagement case, but not in the<br />
defamation case<br />
Malicious intent is required for the defamation case, but not in the disparagement<br />
case<br />
11.) The failure to design an automobile that will properly protect the occupants<br />
from a person’s body striking something inside their automobile is known as the
defective design doctrine<br />
failure to design doctrine<br />
quality control doctrine<br />
crashworthiness doctrine<br />
12.) Which best describes assumption of the risk in a negligence case?<br />
The plaintiff was involved in an abnormally dangerous activity.<br />
The plaintiff is more at fault than the defendant in causing the accident.<br />
The defendant gave advance warning to the plaintiff that an injury would occur.<br />
The plaintiff knowingly and willingly subjected herself to a risky activity.<br />
13.) Making false statements about a competitor’s products, services, property, or<br />
business reputation could make a company liable for<br />
tort of appropriation<br />
misappropriation of the right to publicity<br />
disparagement<br />
intentional misrepresentation<br />
14.) A plaintiff wants to sue a defendant under the tort theory of negligence for<br />
his injuries, but the plaintiff knows he was partially at fault for his own injuries.<br />
Which of the following is true?<br />
If the plaintiff’s fault is only 5 percent, his recovery will be the same under either<br />
pure or partial comparative negligence.<br />
The plaintiff will have to elect whether to sue under comparative or contributory<br />
negligence.<br />
Because the plaintiff is partly at fault, he will not be able to recover under either<br />
comparative or contributory negligence.
A state whose law applies contributory negligence will not allow the plaintiff to<br />
recover if the plaintiff has any fault for his injuries<br />
15.) Gary Govetty is a famous movie star. A tabloid published an interview with<br />
his ex-girlfriend in which she falsely claimed that Gary was completely bald and<br />
had been wearing a wig for several years. Gary can sue his ex-girlfriend for<br />
invasion of privacy<br />
disparagement<br />
libel<br />
slander<br />
16.) In order to recover in a products liability case based on strict liability, the<br />
plaintiff must prove that the product had a defect that<br />
affected the value of the product<br />
the defendant was aware of<br />
was caused by the defendant<br />
made the product unreasonably dangerous<br />
17.) Bartie’s, Inc. sells watercolors and pastels that are marketed as safe for use<br />
by children. However, several accounts of lead poisoning were reported in children<br />
who used the products. An investigation revealed that the company was knowingly<br />
manufacturing colors that contained toxic amounts of the heavy metal. Which of<br />
the following torts has Bartie’s, Inc. committed?<br />
Intentional misrepresentation<br />
Professional malpractice<br />
Disparagement<br />
Assault
18.) Dorothy purchases a chair that was made by Woode Designs, Inc. While<br />
making the chair, the legs were not fixed properly to the base. When Dorothy sits<br />
on the chair, it breaks and she is injured. In a strict liability lawsuit, which of the<br />
following can Dorothy cite as a defect in the chair?<br />
Failure to provide adequate instructions<br />
Failure to warn<br />
Defect in manufacture<br />
Defect in design<br />
19.) Which of the statements below best describes the concept of Enterprise Risk<br />
Management?<br />
Management of a single function of an organization that, upon implementation<br />
and testing, is then processed entity wide<br />
An approach that capitalizes on human intervention as processed through real<br />
change leaders<br />
People, systems, and processes working together across the organizations to<br />
systematically thin about and manage a wide range of risks that could impede<br />
achieving organizational objectives/opportunity<br />
A process affected by an entity’s leaders, management, and other personnel that is<br />
designed to identify potential events that may affect the entity, and to manage risk<br />
20.) George, Jerry, and Harry are passengers on a flight from Chicago to New<br />
York. They injure their legs when their seatbelts do not fasten during takeoff. The<br />
airline is sued by all three together for injuries caused and the airline is found to be<br />
negligent and is directed by the court to pay damages to the injured parties. Which<br />
of the following parties is entitled to recover maximum damages?<br />
All the men recover the same amount of damages, irrespective of their income or<br />
profession
George, a retired professor who gets a pension of $50,000 a year<br />
Harry, a chartered accountant who earns $200,000 a year<br />
Jerry, a professional football player who earns $2 million a year<br />
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<strong>LAW</strong> <strong>531</strong> Week 2 Learning Team Reflection IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> Week 2 Learning Team Reflection IRAC Brief<br />
Read “The IRAC method of case study analysis.”<br />
Select one legal case from a current event that has taken place within the past 2<br />
years relevant to this week’s objectives.<br />
Discuss the selected case with your Learning Team.<br />
Brief the selected case as a Learning Team.<br />
Write a case brief using the IRAC method.<br />
Write an explanation of no more than 750 words about how the legal concepts in<br />
the selected case can be applied within a business managerial setting.<br />
Click the Assignment Files tab to submit your assignment.<br />
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<strong>LAW</strong> <strong>531</strong> Week 2 Individual Assignment Business Forms Worksheet<br />
<strong>LAW</strong> <strong>531</strong> Week 2 Individual Assignment Business Forms Worksheet<br />
Complete the Business Forms Worksheet.<br />
Click the Assignment Files tab to submit your assignment.
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<strong>LAW</strong> <strong>531</strong> Week 2 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 2 DQ 4<br />
Discuss one defense to negligence or strict liability and explain how it works.<br />
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<strong>LAW</strong> <strong>531</strong> Week 2 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 2 DQ 3<br />
How is the issue of intent in strict liability torts different from the intent required in<br />
negligence and in intentional torts or for punitive damages?<br />
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<strong>LAW</strong> <strong>531</strong> Week 2 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 2 DQ 2<br />
Lou does a lot of driving and frequently gets tired driving at night. He usually<br />
pulls over to nap when he gets sleepy, but on this occasion, Lou kept on driving<br />
because he wanted to get home for his daughter’s birthday. Unfortunately,<br />
Lou dozed off while driving, crossed over the center line, and hit another car. The<br />
other driver is injured and his car is seriously damaged.<br />
Is Lou negligent? To determine this, please define and discuss each of the<br />
following elements separately. Only if each element is present will Lou be<br />
negligent.<br />
1. the duty of reasonable care<br />
2. any breach of that duty
3. Causation<br />
4. Damages<br />
a. cause in fact (also called but for, actual cause or factual cause)<br />
b. proximate cause<br />
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<strong>LAW</strong> <strong>531</strong> Week 2 DQ 1<br />
<strong>LAW</strong> <strong>531</strong> Week 2 DQ 1<br />
Joan visited Max on a first date for lunch on his yacht, 1 mile offshore on Biglake,<br />
California. After lunch, as Joan approached the launch (motor boat) to return to<br />
shore, Max tried to take her by the shoulders to kiss her, but Joan managed to step<br />
back and avoid any physical contact. Joan then asked to leave. Max responded by<br />
walking over to the launch, releasing it, letting it drift away, and saying, “Leave<br />
any time you want.” Joan became angry and pushed Max, which caused him to<br />
fall and break his arm.<br />
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<strong>LAW</strong> <strong>531</strong> Week 1 Quiz<br />
<strong>LAW</strong> <strong>531</strong> Week 1 Quiz<br />
1.) George has served Mary with a complaint alleging breach of contract. Mary<br />
has never been sued before and as such, she seeks your advice on what to do with<br />
the complaint. You advise that she<br />
answer George’s complaint but do not provide any affirmative defenses that<br />
George can use against her<br />
should not respond to George’s complaint as an answer implies an admission<br />
write a letter to the judge saying that George is mistaken<br />
answer George’s complaint by admitting or denying the allegations George has<br />
asserted against her
2.) Which of the following is true of The Federal Arbitration Act?<br />
It permits an appeal for all arbitration awards.<br />
It provides that arbitration agreements are valid, irrevocable, and enforceable.<br />
It governs all types of alternative dispute resolution.<br />
It applies only to breach of contract disputes.<br />
3.) Which of the following is true of arbitration?<br />
A resolution may or may not be reached.<br />
One party usually drops the case.<br />
Parties can introduce evidence to support their case.<br />
A judicial referee makes recommendations to the parties.<br />
4.) Which form of alternative dispute resolution occurs when the parties choose<br />
an impartial third party to hear and decide their dispute?<br />
Mediation<br />
Conciliation<br />
Arbitration<br />
Minitrial<br />
5.) Which of the following is true of a corporation?<br />
A corporation terminates upon the death of an owner.<br />
Corporation shareholders are subject to unlimited personal liability.<br />
A corporation is a separate legal entity.<br />
Corporation owners are only taxed once on earnings.<br />
6.) The Black Squirrel limited partnership has been in operation for many years,<br />
but has recently fallen on hard times. The partners have decided to dissolve,<br />
although there are few assets remaining in the partnership. Shortly after the<br />
partnership filed its certificate of limited partnership, the partners had the foresight<br />
to incorporate into their partnership agreement a provision that, in the event of<br />
dissolution, the assets would be distributed in payment of claims first to limited
partners, then to general partners, then to creditors. Hilda is a limited partner and<br />
feels relieved that she will receive at least a portion of her capital. Henry, one of<br />
the general partners, said that this provision is void and unenforceable. Which of<br />
the following best describes this situation?<br />
The distribution, as called for in the agreement, would be enforceable if it had<br />
been included in any filings related to the limited partnership.<br />
The distribution of assets in the event of dissolution is one of the few provisions<br />
where the Revised Uniform Limited Partnership Act does not<br />
allow modification.<br />
The provision placing the partners ahead of creditors is not enforceable, but the<br />
priority of limited partners over general partners is enforceable.<br />
The provision placing limited partners ahead of general partners is unenforceable,<br />
thus all partners would be on an equal footing and ahead of creditors.<br />
7.) Fred and Ginger are general partners in a business. They decide to purchase a<br />
building for the partnership. Ginger will put up the money for the building, and<br />
Fred will complete the remodeling. While inspecting the building, Fred is informed<br />
that the building is packed full of asbestos. He fails to tell Ginger of the presence<br />
of the substance. They buy the building and go into business. During the<br />
remodeling of the building, people from the neighborhood begin complaining<br />
about the dust from the building. Some of them even threaten to sue. Who is<br />
liable?<br />
Both Ginger and Fred are liable, regardless of the circumstances, by virtue of the<br />
fact that they are partners.<br />
Fred is liable because he was put on notice of the presence of the substance.<br />
Ginger is not liable because she did not have actual knowledge.<br />
Neither Ginger nor Fred are liable personally, nor is the partnership, as they did<br />
not put the substance in the building.
Ginger is liable because she is the one who purchased the building. Fred is not<br />
liable, even though he had actual knowledge, because he did not purchase the<br />
building.<br />
8.) What is the effect of having a corporation as the general partner of a limited<br />
partnership?<br />
Each shareholder of the corporation will be treated as a limited partner of the<br />
limited partnership.<br />
Each shareholder of the corporation will be treated as a general partner of the<br />
limited partnership.<br />
The liability of the corporate general partner will be limited to the amount of its<br />
assets.<br />
The limited liability of the corporation will result in the limited partners having<br />
greater liability than they would otherwise.<br />
9.) When parties agree in advance to adhere to an arbitrator’s decision and<br />
award, it is known as<br />
mediation<br />
arbitrator discretion<br />
appealable<br />
binding arbitration<br />
10.) Martha started a flower shop as a sole proprietor. After 1 year, she was<br />
forced to close the shop because business was so bad. At that time, the business<br />
assets totaled $50,000, but the business liabilities totaled $125,000. Which of the<br />
following statements is true?<br />
Martha is personally liable for the additional $75,000 owed to business creditors.<br />
Once Martha terminates the sole proprietorship, she is no longer liable for the<br />
$50,000.
Martha’s business creditors can collect only the $50,000 now, but if Martha ever<br />
goes into business again, they can get the assets of the new business.<br />
Martha’s business creditors can collect only the $50,000 of business assets<br />
11.) Which of the following is one of the major purposes of a settlement<br />
conference?<br />
To structure a settlement payment schedule<br />
To facilitate the settlement of a case<br />
To contest the local court rules<br />
To conduct discovery for a case<br />
12.) Which of the following is true about the choice of business entity for an<br />
entrepreneur?<br />
The choice is determined solely by the amount of capital invested.<br />
The choice takes into account many factors, including finding an option that has all<br />
the characteristics desired.<br />
The choice is determined by the Internal Revenue Service based on all the facts<br />
and circumstances.<br />
The choice is determined solely by whether the primary business is services or<br />
goods.<br />
13.) Which of the following is true in the creation of a general partnership?<br />
The business name cannot be a fictitious name.<br />
The business name must have the names of all the partners.<br />
The business cannot operate under a trade name.<br />
The name selected cannot indicate that it is a corporation.<br />
14.) Which type of business formation is typically reserved for professionals<br />
such as accountants, lawyers, and doctors?
Limited Liability Company (LLC)<br />
Limited Liability Partnership (LLP)<br />
S-Corporation<br />
Franchise<br />
15.) There are two general partners, each of whom contributes $5,000 in capital<br />
to a limited partnership. There are two limited partners, each of whom contributes<br />
$20,000. The total amount of capital contributed is $50,000. The limited<br />
partnership agreement does not stipulate how profits and losses are to be allocated.<br />
Assume that the limited partnership makes $300,000 in profits. Under the Revised<br />
Uniform Limited Partnership Act (RULPA), how much would each partner<br />
receive?<br />
All partners would receive $75,000, regardless of whether he or she is a general or<br />
limited partner.<br />
Each general partner would receive $120,000, and each limited partner would<br />
receive $30,000.<br />
Each general partner would receive $30,000, and each limited partner would<br />
receive $120,000.<br />
Each general partner would receive $50,000, and each limited partner would<br />
receive $100,000.<br />
16.) Which of the following is true regarding mediation?<br />
If a settlement agreement is not reached in mediation, then the parties hire a new<br />
mediator.<br />
A settlement agreement is never reached with a mediator.<br />
Was created by the Federal Mediation Act of 1925.<br />
A mediator does not make a decision or an award.<br />
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<strong>LAW</strong> <strong>531</strong> Week 1 Individual Assignment The Legal System And ADR<br />
Analysis
<strong>LAW</strong> <strong>531</strong> Week 1 Individual Assignment The Legal System and ADR<br />
Analysis<br />
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<strong>LAW</strong> <strong>531</strong> Week 1 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 1 DQ 4<br />
• . Is a sole proprietorship a business entity? Is a franchise a business<br />
entity? Explain why or why not.<br />
• . What is piercing the corporate veil? Can it apply to a limited liability<br />
company as well as a corporation? Explain.<br />
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<strong>LAW</strong> <strong>531</strong> Week 1 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 1 DQ 3<br />
Please discuss the key differences between limited liability company (LLC) and a<br />
subchapter S corporation<br />
Please discuss the key differences between a subchapter S corporation and a<br />
general corporation (C or G) corporation?<br />
Use the following questions to guide you in your discussion.<br />
1. how are the entities formed (created)?<br />
2. who are the owners of the entities?<br />
3. what kind of liability exposure do the owners of the entities have?
4. how are the entities/owners taxed?<br />
5. how are the entities dissolved according to statute?<br />
6. degree of formality in operating the entities?<br />
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<strong>LAW</strong> <strong>531</strong> Week 1 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 1 DQ 2<br />
Please discuss the key differences between a general partnership partnership versus<br />
a limited partnership using the following questions to help guide you.<br />
1. how are the entities formed (created)?<br />
2. who are the owners of the entities?<br />
4. what kind of liability exposure do the owners of the entities have?<br />
5. how are the entities/owners taxed?<br />
6. how are the entities dissolved according to statute?<br />
7. degree of formality in operating the entities?<br />
8. do the entities lend themselves to managerial control<br />
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<strong>LAW</strong> <strong>531</strong> Week 1 DQ 1
<strong>LAW</strong> <strong>531</strong> Week 1 DQ 1<br />
1. A motion for judgment on the pleadings or a motion for summary jusgment can<br />
be decided against a party and can end a case. Select and explain one of these<br />
motions and how it can end a case.<br />
2. What is an appeal? Explain.<br />
3. What are the key differences between mediation and arbitration? Why would<br />
you choose one over the other?<br />
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<strong>LAW</strong> <strong>531</strong> Complete Course<br />
<strong>LAW</strong> <strong>531</strong> Complete Course<br />
<strong>LAW</strong> <strong>531</strong> Week 1 DQ 1<br />
<strong>LAW</strong> <strong>531</strong> Week 1 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 1 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 1 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 1 Individual Assignment The Legal System and ADR<br />
Analysis<br />
<strong>LAW</strong> <strong>531</strong> Week 1 Quiz<br />
<strong>LAW</strong> <strong>531</strong> Week 2 DQ 1<br />
<strong>LAW</strong> <strong>531</strong> Week 2 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 2 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 2 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 2 Individual Assignment Business Forms Worksheet<br />
<strong>LAW</strong> <strong>531</strong> Week 2 Learning Team Reflection IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> Week 2 Quiz<br />
<strong>LAW</strong> <strong>531</strong> Week 3 DQ 1<br />
<strong>LAW</strong> <strong>531</strong> Week 3 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 3 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 3 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 3 Learning Team Reflection Week 3 IRAC Brief
<strong>LAW</strong> <strong>531</strong> Week 4 DQ 1<br />
<strong>LAW</strong> <strong>531</strong> Week 4 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 4 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 4 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 4 Individual Assignment Contract Creation and Management<br />
Simulation<br />
<strong>LAW</strong> <strong>531</strong> Week 4 Learning Team Reflection IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> Week 4 Quiz<br />
<strong>LAW</strong> <strong>531</strong> Week 5 DQ 1<br />
<strong>LAW</strong> <strong>531</strong> Week 5 DQ 2<br />
<strong>LAW</strong> <strong>531</strong> Week 5 DQ 3<br />
<strong>LAW</strong> <strong>531</strong> Week 5 DQ 4<br />
<strong>LAW</strong> <strong>531</strong> Week 5 Discrimination Scenario Simulation<br />
<strong>LAW</strong> <strong>531</strong> Week 5 Learning Team Reflection IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> Week 5 Quiz<br />
<strong>LAW</strong> <strong>531</strong> Week 6 Learning Team Reflection Week 6 IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> Week 6 Quiz<br />
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