Question: Evaluate the following statement: “A party can

> What is the current amount of the federal minimum wage? When was the last time the federal minimum wage was increased?

> Does Title VII apply to same-sex harassment?

> Meadows worked as an assistant manager at a Dollar General store. While she was ringing up an order for a customer, he became verbally abusive. After she finished ringing up the sale, the customer threw the bag, containing a can of motor oil, at Meadows,

> Lisa Harrison (Harrison) was hired by Defendant at Family House of Louisiana (Family House), a long term residential treatment facility for chemically dependent women and their children, on November 23, 1999. She was hired as a Prevention/Intervention Sp

> Baxter Pharmacy paid its pharmacists a salary but no overtime pay. Under the Fair Labor Standards Act (FLSA), employers must pay employees overtime for hours worked in excess of 40 hours per week. Baxter Pharmacy believes that the pharmacists are exempt

> Name five statutes that prohibit discrimination in employment.

> Two affiliates of a hugely successful hedge fund, SAC Capital Advisors, were charged with insider trading by the SEC. CR Intrinsic Investors and Sigma Capital Management apparently relied on expert networks where, allegedly, people with information funne

> How does the misappropriation theory apply to insider trading?

> Explain how each branch of the government checks the power of the other branches.

> If there are different ways to interpret statutes and case decisions, would it make sense to say that all interpretations of the law are equally appropriate?

> Why is it illegal to use inside information in making securities transactions?

> What is the function of the SEC?

> A corporation, Platforms, held stock that was not registered with the SEC under the Securities Act of 1933. William Martin provided consulting to Platforms as an employee of a sole proprietorship called Intermedia Video Marketing Company. Martin alleged

> The plaintiff commented that the defendants “intentionally or recklessly failed to disclose a change in Japanese regulations that predictably reduced demand for the corporation’s products and services in Japan, a significant market for the company.” The

> What was the stimulus for the creation of securities regulation? State the purposes of the two main federal securities laws.

> Emory B. Perry, who represents numerous shareholders, owned stock of The RAMP Corporation, a now-defunct company that developed communications technologies for the health care industry. Darryl R. Cohen and Andrew M. Brown are former directors of RAMP. Pe

> Richard Schoon was elected to the board of directors at the Troy Corporation, a private corporation in Delaware. There are three stock series of stock options. A series A share allows someone to elect four of five directors on the corporation’s board. A 

> The Greek shipping company Ionia Management managed a 600-foot oil tanker that delivered oil to ports along the eastern seaboard of the United States. During these deliveries, Ionia’s engine room crew, at the direction of their ship supervisors, regularl

> What is the business judgment rule?

> Explain the primary duties of officers and directors.

> The county board of commissioners (the Board) entered into a memorandum of understanding (MOU) with a professional baseball team. The MOU obligated the team, among other things, to relocate to the city for spring training. The MOU called for the renovati

> How is an ultra vires act related to a corporation’s powers?

> H&R Block is one of the largest providers of incometax preparations and the second largest of online do-it-yourself software in the United States. In 2010, the tax preparer sought to buy out its rival, 2SS Holdings, who produced TaxAct software products

> Name at least three characteristics that distinguish corporations from other forms of business organization.

> Milburn Pierce was the sole proprietor of the Pierce Painting Company, a painting contracting company with two employees in addition to Pierce. Pierce bought workers’ compensation insurance for his business through the Louisiana Workers’ Compensation Cor

> Brothers Aurelio and Hugo V. Garcia founded a trash removal business called Garcia’s, Inc., in the early 2000s. Hugo served as president and director. Garcia’s decided to lease trucks and equipment to United Leasing. However, United required, as a part o

> Mike Karimi has been in the hotel management business since the 1980s. The name of Karimi’s company is MAK, LLC, which manages and operates several hotels in the United States. In 2004, two brothers, the Khatris, who were friends of Karimi’s, wanted him

> The Meehans entered into a franchise agreement with Consumers Club. However, the Meehans’ franchise failed. The Meehans alleged that, just before they entered into the franchise agreement, Consumers Club made false statements and misleading representatio

> Tracy Allen rented a home in which she had been residing since the summer of 1998. The landlord owner of the house later failed to pay taxes on the property, and on March 16, 2000, Hard Assets LLC acquired the property from the owner in lieu of foreclosu

> William Roberts operated a McDonald’s restaurant under a franchise agreement with McDonald’s Corporation. Roberts hired 23-year-old David Mabin, who was just released from jail for robbery, drug use, and theft, as an hourly worker. Soon, Roberts promoted

> When might a principal be liable for torts committed by an agent?

> On January 21, 2003, Robbins filed an application for site plan approval to construct an asphalt plant within the town limits of Hillsborough. Robbins had entered into a contract to purchase the property prior to submitting his application for site plan

> How is apparent agency, or agency by estoppel, different from expressed agency?

> Why is it important to determine whether a worker is an independent contractor or an employee?

> What are the similarities and differences between the types of agency relationships?

> Julaju drove a taxi on a part-time basis for El Palmar Taxi, Inc., usually only on Sundays and sometimes on Mondays. He worked an unrelated job on the remaining days of the week. Julaju was given certain rules to follow—dress neatly, do not allow smoking

> Thomas Kimbro, a Department of Public Safety (DPS) officer, was the driver of a state-owned vehicle that struck Brystal McCloud’s vehicle on April 1, 2005. Kimbro normally worked in Phoenix, where he lived, but at the time of the accident he was temporar

> Who can serve as an agent or a principal?

> Fordyce Bank & Trust Company (Bank) issued several loans to Bean Timberland (Bean) so that Bean could purchase timber from various landowners. Bean gave the bank security interests in the purchased timber, and the proceeds from the sale of the timber wer

> In May 1990, Gerald Gaucher entered into a Retail Installment Contract and Security Agreement with Cold Springs RV Corp. This agreement provided for the purchase of a travel trailer. In the agreement, Gaucher agreed to pay $320 a month for seven years an

> Indiana Auto Sales & Repair repossessed an automobile from one of its debtors. Indiana Auto paid an independent contractor $30 to repossess the car. The contractor’s 15-year-old, unlicensed employee was directed to repossess the vehicle. During the repos

> How does bankruptcy law benefit debtors and creditors?

> Plaintiff pro se Wilfredo A. Golez (Golez) filed a motion to compel the work attendance records of two former coworkers who are not parties to the instant litigation. Golez states that he requires the employment records of his former coworkers to show th

> Describe the various ways in which secured interests are perfected.

> Woodcock graduated from law school and finished his MBA in 1983. His student loans came due nine months later. Because he was a part-time student until 1990, he requested that payment be deferred, which the lender incorrectly approved. Because he was not

> Carlos and Suzanne Cortez fi led their petition for Chapter 7 bankruptcy on April 8, 2004. At the time of filing, Suzanne Cortez was working, but Carlos was unemployed. Suzanne had reduced her work hours so that her minimum net income per month was $750.

> What are the required elements of a security interest?

> At the end of January 2001, while cleaning out his self-storage locker, Kim Griffith found a certificate of deposit purportedly issued by Mellon Bank, N.A., of Pittsburgh, Pennsylvania, on July 3, 1975, for the amount of $530,000 plus interest to be paya

> How are real defenses different from personal defenses to liability for a negotiable instrument?

> What is the distinction between primary liability and secondary liability for a signed negotiable instrument?

> A customer of Foster Bank named Choi deposited in her account a check for $133,026 that listed her as the payee. The check had been drawn on Wachovia Bank by a company called MediaEdge that had an account with that bank. Foster presented the check to Wac

> Donald Lynch purchased a check from Allied Irish Bank (AIB) in Ireland. The check was made payable to Advance Marketing and Investment Inc. (AMI) in the amount of U.S. $250.00, which was handwritten as “Two Hundred  1  Fifty” on the center line of the ch

> Morales, a native and citizen of Mexico, was arrested in 1994 for entering the United States without inspection. He was released and served with a mail-out order to show cause why he should not be sent back to Mexico. Eventually, a removal hearing was sc

> Robert Carter, an employee of National Accident Insurance, intercepted insurance premium checks totaling more than $10 million that customers made payable to the insurance agency. Carter then altered those checks by adding a slash (/) and additional paye

> Evaluate the following statement: “If a signature on a check is forged, the customer will never be responsible for the amount on the check.”

> Explain the reason for the following policy: A customer has a duty to examine her or his bank statement.

> Wachovia, a bank, made a loan in 2003 to McNamee for $150,000, and he signed a promissory note for the loan. At some point, Wachovia misplaced, lost, or destroyed the original note. The note matured in 2005, and after the loan matured, Wachovia assigned

> Rockland Industries agreed to purchase three containers of antimony oxide at $1.80 per pound from Manley-Regan Chemicals. Rockland produces drapes, and antimony oxide is used to fi reproof the drapes. A representative from Manley-Regan, David Hess, worke

> Does possible misuse constitute a waiver of the implied warranties? Consider the case of a lessee of a car who after 18 months found the car was running roughly. When taking the car back to the dealership, the lessee was told that several valves in the e

> Explain what the good-faith and commercial reasonableness obligations are.

> The defendant, Sterile Technologies, Inc., purchased a sterilizer from the plaintiff, Troy Boiler Works, on an installment payment plan. The defendant was to make installment payments charged with 1.5 percent interest per month. The sterilizer was delive

> Aubrey Reeves purchased a computer system for his business from Radio Shack Computer Center. Radio Shack is the local retailer for products sold by Tandy, its parent company. During negotiations, it became clear that Reeves needed software that Radio Sha

> What determines the obligations of sellers/lessors and buyers/lessees?

> John and Jacqueline Stowers are the sole owners of Manna, a limited liability company registered to do business in the state of Ohio. Manna is a family-run enterprise that sells food and other products to its members. Manna operates from the family’s hom

> The defendant contracted with the plaintiff to design, maintain, and develop software and to host the defendant’s web page. After a falling out, the defendant moved its web page to another site and refused to honor its contract with the plaintiff. The pl

> How can good title be acquired?

> The buyer contracted with the seller for a customized machine. The seller filed to have the machine ready by the agreed-upon deadline. Twice the buyer agreed to an extension, neither of which was met by the seller. The seller then terminated the contract

> Marilyn Thomas purchased an installed pool heater from Sunkissed. The pool heater was delivered to Marilyn’s residence, but the delivery slip was signed by Nancy Thomas. Marilyn did not know of anyone by that name. She called Sunkissed to advise the comp

> The two companies had an agreement by which Sunrish was providing a food product to Nutrisoya. However, Sunrich allegedly did not deliver the products covered in the contract, and Nutrisoya took the company to court for material breach of contract. The s

> On November 7, 2005, Briarwood signed an agreement to sell Toll Brothers a planned 66-acre, 41-lot subdivision property in the Village of Pomona, New York, for $13,325,000. The agreement expressly conditioned Toll’s payment obligations on Briarwood’s del

> Posh Pooch Inc., which designs couture pet carriers and accessories, convinced the Italian corporation Nieri Argenti to manufacture various fine leather and related goods for Posh Pooch. Posh Pooch picked up some of the goods in Italy, but at least seven

> When Barry Meyer asked Robyn Mitnick to marry him, he gave her an engagement ring that cost $19,500. Before the marriage, he asked her to sign a prenuptial agreement. She refused, and the engagement was broken. He asked her to return the ring, saying it

> Explain how the existence of conditions subsequent and precedent affects the discharge of a contract.

> Energy cooperative Hoosier Energy sought to move depreciation deductions that it could not use to John Hancock Life Insurance Company. Under the transaction, John Hancock would pay Hoosier Energy $300 million for a 63-year lease of an undivided two-third

> Describe the various types of rule making.

> Explain the difference between legal and equitable remedies.

> An investor brought suit against an architect after the investor lost $600,000 in a failed project. To develop the project, a real estate empire in Chicago, an LLC, the Burnham Station, was created by JDL. The investor arranged to buy shares of Burnham t

> Explain the desirability to business of allowing a transfer of rights or duties to third parties.

> Explain the difference between an assignor’s liability and a delegator’s liability after rights have been transferred to a third party.

> Why is it that incidental beneficiaries cannot enforce rights under a contract? Should they be able to enforce such rights?

> Integrate the concept of assignments with the concept of delegations.

> The plaintiff and defendant engaged in phone calls and e-mails that unambiguously indicated intent to be bound to all necessary terms of a transaction. The district court recognized these recorded communications between parties as enforceable contracts,

> A company sued a meat distribution market, claiming breach of contract following the market’s failure to pay money owed on five notices of purchases (NOPs) as well as collection of accounts under the Uniform Commercial Code, Article 9. The district court

> A seller agreed to give a buyer the first right to purchase the remainder of her property if she chose to sell it. When the seller died, the buyer filed suit against the estate, seeking the option to purchase. The two parties entered into a settlement ag

> Explain how the requirements of the statute of frauds under the UCC are different from those under the common law.

> Cleveland Construction Co, Inc., (CCI) was a general contractor building a grocery store in Houston, Texas. The company subcontracted the exaction and grading to Levco in a contract that contained a binding arbitration clause that mandated arbitration in

> Audrey Vokes was a 51-year-old widow who wanted to become an accomplished dancer. She was invited to attend a dance party at J. P. Davenports’ School of Dancing, an Arthur Murray franchise. She subsequently signed up for dance classes, at which she recei

> In 2007, Mewhinney decided to sell the contents of his wine cellar. Kurtz, as president of The London Wineman, Inc., contacted Mewhinney about the sale. London Wineman was in the business of purchasing wine from individuals and reselling it through an au

> In 1998, the governor of New York, George Pataki, formulated a $185 million plan to update old Amtrak trains. The purpose of such a project was to make the old trains faster than the more current Amtrak trains. Such a reconstruction would allow for a hig

> Distinguish innocent misrepresentation from fraudulent misrepresentation.

> The Lower Yukon School District provides public education in the region that includes the village of Scammon Bay in Alaska. Askinuk Corporation is the Scammon Bay native village corporation created by the Alaska Native Claims Settlement Act. In October 2

> Explain the difference between a unilateral mistake and a mutual mistake.

> Priscilla Howard was 16 when she signed a binding arbitration agreement with her employer, Food, Folks & Fun, Inc. She later sued her former employer on grounds that she suffered sexual harassment during her employment and that she was constructively dis

> Washington State resident Patty Gandee entered into a debt adjustment contract with Freedom Enterprises. She subsequently sought to file a class action against them for violations of the state debt adjusting act and the Consumer Protection Act. The compa

> Three salesmen worked for Sentient Jet, a small luxury airline charter service. They signed a noncompete agreement, promising not to go to work for a competing employer within a year after working for Sentient and not to take any confidential information

> What is the relationship between contracts in restraint of trade and unconscionable contracts?

> Dakota Foundry was purchasing some equipment from Tromley Industries. According to the practice of the firm, the operations manager was supposed prepare a quote on Kloster stationery, and the back of the stationery contained its standard terms and condit

> What factors determine whether a covenant not to compete is legal or illegal?

> If all you know about a man is that his neighbors think he is crazy, you do not know whether a contract he entered into was valid, voidable, or void. Why not?

> Explain the obligations of a minor who chooses to disaffirm a contract.