Question:

> (a) How is mediation fundamentally different from an arbitration? (b) What are some of the advantages and disadvantages of the mediation process?

> What steps usually are followed to provide an effective and efficient mediation? Explain.

> (a) Explain what it means to acquire ownership by accession. (b) Discuss why to John Locke a doctrine similar to accession justifies who owns what.

> (a) What does James Madison think is the problem with a private property system, a system he nevertheless supported? (b) Suppose you say to your roommate, “I have as much property as Bill Gates,” although more accurately in terms of law you should say, “

> What is the rule against perpetuities? What does it have to do with the common good?

> Distinguish a public nuisance from a private nuisance. What does nuisance have to do with the common good? Discuss.

> Smith, a resident of Michigan, was in Florida for a business meeting where he was served with a divorce petition filed by his wife, who had moved to Florida recently. Smith objected to the Florida court’s exercise of personal jurisdiction. What is the ba

> A group of environmentalists filed a lawsuit challenging commercial fishing in Glacier Bay National Park and sued the secretary of the interior and the National Park Service in order to prevent more commercial fishing. (a) What must the environmentalists

> (a) Explain why property can be thought of as the central concept underlying Western legal systems. (b) What does James Madison mean when he says we have property in our opinions “and free communication of them”?

> (a) What is property? How does property differ from “resources”? (b) Why is property important to society? To private enterprise?

> (a) Define the rule of law. How does the rule of law differ from law as the commands of the state? (b) Explain why the rule of law is “an ideal rather than a complete fact.”

> (a) Define law. Compare and contrast law and custom. (b) What role do the courts and police play in the legal system?

> (a) What is the specific purpose of: (1) the Clayton Act, (2) the Railway Labor Act, and (3) the Norris-LaGuardia Act? (b) Why did these laws not increase laborers’ bargaining power to the degree that is considered equal to management’s bargaining powe

> (a) What are fungible goods? Give an example. (b) Discuss why boundaries of use are sometimes difficult to determine.

> Plaintiffs purchased state lottery tickets and were winners along with 76 others. The state had advertised that $1,750,000 would be the prize, but it distributed only $744,471. Plaintiff sued the lottery director, alleging fraud in the conduct of the lot

> (a) Again there are two issues that must be addressed by courts when they review the rulemaking (quasi-legislative) functions of agencies. What are these two issues? Explain each. (b) A national bank sought permission from the comptroller of the currency

> What Is a Security? W.J. Howey Company and Howey-in-the-Hills Service Inc. are Florida corporations under common control and management. Howey Company offers to sell to the public its orange grove, tree by tree. Howey-in-the-Hills Service Inc. offers th

> (a) What are the three major principles of the WTO? (b) Has adherence to those principles improved international trade? (c) Describe the organization of the EU. (d) How is it similar to the structure of the government of the United States?

> (a) Is a lease of a mowing tractor a bailment? Explain. (b) A warehouse contract requires that your equipment be stored in “warehouse 314.” For its own convenience the warehouseman moves your equipment to warehouse 212, and your equipment is destroyed by

> (a) What does it mean to have a fee simple defeasible estate? (b) What is the difference between a remainder interest and a reversion? (c) Arla and Jack own a house as joint tenants with right of survivorship. What is the legal significance of this?

> Outline criticisms of the EIS process. Why are state EISs often less helpful in evaluating complex environmental factors than are those prepared by federal agencies?

> (a) Your firm has been hired to build a large government facility near a residential neighborhood. A committee of residents has been formed to oppose the building. You have been asked to assist in writing the EIS. What factors must your EIS take into con

> (a) As a manufacturer of paints, you need to dispose of certain production by-products that are highly toxic. Discuss the process the law requires you to follow in disposing of these products. (b) An abandoned radioactive waste site is discovered by loca

> (a) What is the difference between an individual point-source approach and a bubble-policy approach to dealing with factory pollution? (b) For the factory owner, what are the advantages of employing the bubble concept?

> (a) Along a winding dirt road, Lee finds an old, rusty car with no license plates. Looking through the car, which is unlocked, he finds a valuable diamond ring. Later, the original buyer of the ring comes forward and admits that he has dumped the old car

> The Akins Corporation wishes to build a new smelting facility in Owens County, an area where air pollution exceeds primary air quality standards. (a) What legal difficulties may Akins face? (b) What solutions might you suggest for these difficulties?

> Under the Truth-in-Lending Act, what is a finance charge? What charges are and are not included as finance charges?

> What is meant by the phrase liability of a business organization as compared to the liability of the owners?

> Why does dissolution of a business organization not necessarily impact that organization’s business activities?

> (a) An employer hires job applicants to wait tables in the Executive Heights Restaurant only if they are over 6 feet tall. Does this policy likely violate Title VII? Explain. (b) If a class of job applicants under 6 feet sues the employer, will it likely

> Jennings Company, which manufactures sophisticated electronic equipment, hires its assembly employees on the basis of applicants’ scores on a standardized mathematics aptitude test. It has been shown that those who score higher on the test almost always

> Sophia’s Glam Designs needs to hire 100 new workers to manufacture a new line of back-toschool outfits. The company received hundreds of applications for the positions. Simone, Sophia’s 68 Glam Designs Human Resources Manager, requires all new hires to c

> John Hancock Life Insurance Company instructed its employees to create passwords to protect their e-mail accounts. Employees also were told to create personal folders for messages they send and receive. After a company investigation, Nancy and Joanne wer

> Why has the aging of the “baby boom” generation put so much pressure on the financial stability of historically successful companies?

> In the sixth month of her pregnancy, Suzanne was advised by her doctors to slow down the hectic pace of her consulting career. Upon this advice, Suzanne requested and was granted by her employer 12 weeks of medical leave. During the tenth week of this le

> Another article from The Wall Street Journal carries the headline “Tipsters Telephoning Ethics Hot Lines Can End Up Sabotaging Their Own Jobs.” Discuss why whistle-blowing is unpopular within the corporation. Apply to your discussion what sociologist Rob

> To show your understanding of the WARN notice, answer these questions: (a) Who are the covered employers? (b) What format is required for a WARN notice? 684 (c) When must the WARN notice be given? (d) To whom must the WARN notice be delivered?

> (a) The Sherman Act, as amended by the Clayton Act, seeks to preserve competition by declaring two types of anticompetitive behavior to be illegal. Describe these two behaviors. (b) Through what agencies does the federal government enforce the antitrust

> (a) What is the purpose of patents and copyrights as identified in the Constitution? (b) Explain the claim that the pace of research and development of new products would slow if intellectual property right did not protect it.

> Don, a promoter of prize fights, formed a corporation. Don was the sole shareholder, sole director, and president of the corporation. Don was charged with a violation of RICO. Is the requirement of both a person and an enterprise met?

> Joe, a purchasing agent of ABC Company, entered into a contract to purchase software on behalf of ABC from a software company represented by Harry. The contract stated a price of $10,000 but the actual cost was $8,000. Joe and Harry split the $2,000. Wha

> Your business is in need of additional working capital. You contact your bank about a loan. A line of credit of $500,000 is tentatively approved pending you furnish audited financial statements. You meet with your auditor who is also a personal friend. S

> (a) What federal law establishes the minimum wage and the hours in a workweek? (b) What is the minimum wage and what is considered the maximum workweek? (c) What is required regarding overtime compensation or time off?

> Quincy was a successful investment banker specializing in underwriting and merger advice. A federal grand jury was investigating the sales of initial public offerings, and Quincy knew that the grand jury had issued subpoenas seeking information about Qui

> The U.S. sentencing guidelines apply a mathematical formula to sentencing. How do the guidelines operate?

> A pharmaceutical company tried to boost its sales by encouraging doctors to use its new drug, LDL Control, to treat high cholesterol. An important part of their sales pitch included paying for lavish dinners and weekend trips for the doctors and their fa

> Susan, a partner in a CPA firm, prepares a federal income tax return knowing that it contains false information. Because the client wants the return prepared in this manner, Susan obtains the taxpayer’s signature on the return and files it with the IRS.

> Mary lost her billfold, which contained credit cards and an ATM access card. She had written her pin number on a piece of paper, which was also in the billfold. Al found the billfold. He used the credit cards and ATM card to obtain over $2,500 in goods,

> (a) What types of sanctions are used for the violation of statutes and regulations? (b) What is an injunction?

> (a) What is the purpose of compensatory damages? (b) What is specific performance of a contract?

> (a) What are the sanctions for criminal conduct. (b) Name three purposes of criminal sanctions.

> (a) Why are legal sanctions important in a property-based legal system? (b) What is the difference between a sanction and a remedy?

> (a) Explain the two basic divisions of property. (b) Martin sold his house to Cheryl. Later, when he tried to take the beautiful chandelier in the dining room, which had belonged to his grandparents, with him, Cheryl objected. What is the issue here? Leg

> (a) Explain the relationship of case law to the other sources of law.

> (a) Explain what it means to say that constitutions are the “highest laws of the nation.” (b) Explain the important distinctions between state and federal constitutions.

> What is the advantage of this organizational form compared to the S corporation?

> (a) Although it is technically a corporation, the S corporation has the attributes of which business organization when considering the taxation factor? (b) What is the implication of this treatment if the S corporation has a profitable year but does not

> Laura and Gary have formed a limited partnership, with Gary agreeing to be the general partner. This partnership has purchased supplies from Sam. Sam has received a promissory note signed on behalf of the partnership as payment. If the partnership is una

> Terry is the senior partner in an accounting firm. One of Terry’s partners performs an audit. The audited firm sues Terry, as the senior partner, for alleged errors in the audit. If Terry is found liable, can Terry sue to collect a pro rata share of this

> What are the limitations of the sole proprietorship?

> What is the purpose of Section 18 of the Securities Exchange Act of 1934?

> Eric Ethan, president of Inside-Outside Sports Equipment Company, has access to information which is not available to the general investor. What standard should Eric Ethan apply in deciding whether this information is so material as to prevent him from i

> In what three ways did the Sarbanes-Oxley Act strengthen the enforcement of securities fraud?

> Janet buys a year’s membership in a new spa and exercise gym that has just opened. She pays $500 with her credit card. Less than one month later the business closes its doors, leaving 450 members without a place to work out. The owner, who has vanished,

> List and describe two major developments designed to allow auditors to focus on their review of, and not service to, public companies.

> (a) Why is the future of export controls in doubt? (b) What are some of the dangers associated with having an inadequate export control regime as nations combat terrorism?

> Explain the “modern traditional theory” of compensation related to the taking of private property by a foreign government.

> XYZ Company, a U.S. firm, is seeking to obtain business in Indonesia. XYZ learns that one of its major competitors, a German firm, is offering a key Indonesian governmental official a trip around the world for choosing their firm in the transaction. Can

> Why are arbitration clauses in international agreements favored by the courts and likely to be enforced when conflicts arise between the contracting parties?

> What is the primary requirement of the Hague Service Convention and how does it help a plaintiff when filing a lawsuit?

> Belgium arrests an American citizen, while he is visiting Brussels, on suspicion that he is an international drug smuggler. After a thorough investigation, Belgium realizes that it has arrested the wrong person. Can the American citizen successfully sue

> Several citizens of Colombia filed an action in the United States against Super Bananas, a U.S. company that owns the banana plantation where the individuals worked. In their complaint, the plaintiffs allege that they were threatened, beaten, and torture

> Suppose that a company is interested in a newly proposed regulation on clean air by the Environmental Protection Agency. What should this company do to provide its input on this EPA regulation?

> Describe the four possible functions of an administrative agency.

> Discuss the concept of “discharge” as used in bankruptcy law. What types of debts are not dischargeable? Explain.

> Roger sells his expensive mowing tractor to his neighbor Zan. Shortly after Zan takes possession, someone representing the lawn equipment company tells Zan that the store holds a purchase money security interest (PMSI) in the tractor. Does the store have

> (a) Describe the requirements for attachment of a security interest under UCC, Article 9. (b) Describe four different instances that demonstrate perfection of a security interest.

> Federal Rule 11 sanctions are available against both lawyers and their clients to curb frivolous litigation. Under what circumstances may sanctions be imposed?

> Under what circumstances may a court grant a motion for summary judgment?

> How do abusive discovery practices raise the cost of litigation?

> (a) Why do surprises rarely occur at trial? (b) What are some of the key devices a litigant can use in discovery?

> Describe the purpose of a complaint and an answer in civil litigation. What is the function of the pleading stage in a lawsuit?

> Why is the notion of res judicata critical in civil litigation?

> How does the court enforce judgments?

> What normally is contained in an appellate brief? An oral argument?

> The Zenith Credit Bureau telephones Dan and his family almost daily about payment of a $3,500 debt. The phone calls are causing stress for Dan’s family. Dan cannot afford to pay the debt at present, and he needs a listed telephone number for his business

> Name the three critical roles a lawyer serves in society. Why have many lawyers and their business clients had such conflict in recent years?

> Why have several states eliminated the requirement of unanimity in jury trials?

> What are the essential responsibilities of a trial judge?

> Ace Contracting constructs an office building for Realty Enterprises. Realty’s tenants quickly find a number of minor problems with the plumbing and insulation of the new building. When Realty contacts Ace about bringing its work up to standard, Ace prom

> (a) Explain the role of tender of performance. (b) What is the impact of one party tendering its performance?

> (a) Discuss the propriety of entities that acquire and assert patents but make no product. (b) You discover a specific human gene that determines male pattern baldness. Explain what it means to say that you can patent this gene.

> Is it possible for two utility patents owned by different people to cover the same product? Explain.

> Through long, expensive research you determine that both a bowling ball and a feather fall at the rate of 32 feet per second in a vacuum. Can you patent this knowledge? Explain.

> Describe the process for obtaining a patent.

> Can arbitration agreements be used to keep employees from litigating discrimination issues? Discuss.

> Why has there been so little use of cost-benefit analysis when judging the merits of an agency’s proposals and actions?

> Explain how state antidiscrimination laws protect workers in situations where federal laws do not.

> Do employers have an obligation to negotiate with groups of employees over issues of discrimination? Explain.

> Why does Title VII not apply to preventing discrimination in the getting and keeping of health insurance?