Question: Is it obvious to the reasonable consumer

> Certain business and personal transactions are neither oral nor written but are nevertheless legally binding. The terms of these agreements are understood from the actions or conduct of the parties, from the customs of the trade, or from the conditions o

> Grimshaw, a 13-year-old girl, was a passenger in a Ford Pinto driven by a neighbor. The Pinto stalled and, while motionless, was hit from behind by another car. Moments later, the Pinto’s fuel tank exploded, with the result that the driver was killed and

> Is it ethical for a state legislature to pass a law for the sole purpose of testing its constitutionality?

> Should the death penalty be considered cruel and unusual punishment, thus violating the Eighth Amendment?

> Should the right to bear arms be limited to the military use of arms, or should this right also apply to private citizens?

> Should speech that is sexist, racist, ageist, or otherwise offensive be protected under the First Amendment?

> Why is it important that each state respect and enforce both the judgments awarded by courts in other states, and the statutes and case law of other states?

> Normally there are no prosecutions for “padding” an expense account, yet it is considered unethical. Should such activity be prosecuted more forcefully?

> If a person suffers a loss of his or her property as a result of the criminal wrongdoing of another, would it matter whether the thief (wrongdoer) is charged by the victim with the crime of larceny or the tort of conversion?

> The law protects businesses against defamatory statements or writings just as it does for individuals. Should there be a different standard for businesses that would permit a firm to attack a competitor?

> Consider the numerous laws that affect businesses and evaluate the regulatory climate in which they operate. Does it seem that there are too many regulations or too few? Explain your answer.

> Do you think that a U.S. citizen who disagrees with U.S. foreign policy against one of its enemies should be charged with treason for donating money to that enemy’s war efforts against the United States? Why or why not?

> Roll and Hold Warehouse, the employer, began circulating a new company policy relating to employee attendance. The union representing the company’s employees objected to the policy, claiming that it had never been negotiated. The company argued, among ot

> What is the intent of someone who is said to engage in activities called “false pretenses”?

> Do you believe it is unethical to exaggerate the extent of injuries suffered in an automobile accident resulting from another driver’s negligent driving in an effort to increase the amount of a financial settlement that will be paid by an insurance compa

> Has the use of computers in business increased or reduced the incidence of embezzlement?

> What would be the effect on the insurance business and the economy if there were no “burning to defraud” statutes?

> Why do some highly paid business executives engage in illegal practices such as insider trading? What would you recommend to reduce the incidence of such practices?

> Is it appropriate for a city or state official to accept a bid for the performance of work or the purchase of goods or services that is higher than others, even if there are no laws requiring that officials accept the lowest bid?

> Individuals as well as businesses are affected by actions of administrative agencies in different ways. Select a particular agency and discuss how the agency affects individuals and businesses.

> The corporate culture exerts a major influence on the ethical behavior of every employee and executive in the firm. Since it is recognized that management largely determines the corporate culture, recommend steps management might take to establish a cult

> Analyze and critique some current activities of government relating to ethics in business.

> Critics of corporate social action question whether it is appropriate to commit corporate resources to socially desirable goals. It might be better, they suggest, to maximize earnings for shareholders, who could then use the higher earnings to advance so

> Netscape offered all visitors to its website free “SmartLoad” software provided the visitor clicked his or her mouse on a designated box labeled “Download.” A reference to a license agreement appeared on the screen in which the “Download” box was located

> Compare and contrast the operation of a government body with the operation of an administrative agency.

> Should the law allow an employer to fire an employee without having a good reason?

> Should an employer be held liable for an employee’s negligent act even though the employer is not at fault?

> Is it ethical for an attorney in fact to make health care decisions for a principal based on the attorney in fact’s own personal beliefs and values, regardless of the principal’s views?

> Should the current state regulation of health insurance companies be changed to a federal licensing system to allow health insurance companies to operate across state lines?

> Is it fair that some employees receive health insurance benefits covering their families, while other employees, who do not have families, do not receive this benefit?

> What are some ways in which employers can keep the costs of providing medical insurance for employees down without eliminating this benefit?

> Given that the requirements for drafting and executing valid advance directives vary so greatly from state to state, should these be regulated by the federal government in order to promote consistency?

> Most people agree that protection of the environment is an ethical issue. Society is frequently confronted with the conflict between achieving environmental goals and the economic impact on corporations, consumers, and taxpayers. How should this dilemma

> Some substances offer both benefits and hazards. How should responsible individuals, corporations, scientists, and regulators weigh the gains and risks of these products?

> Napster Inc. provided a free service for visitors to its website that allowed users to share music digitally. Napster did not receive permission from the owners of the music. Several large recording studios that owned much of the music that was being sha

> What are some of the specific rules imposed by the Clean Air Act and Clean Water Act? Should these be more stringent?

> Discuss the EPA guidelines for preparing an environmental impact statement before a project can be approved. Are they adequate?

> Should the FCPA impose U.S. ethical standards on the activities of U.S. businesses in international trade, even though this law may put these businesses at a competitive disadvantage with their foreign counterparts?

> The purchase of life insurance often involves the client choosing between whole life insurance, which includes a savings feature, and term insurance, which provides only protection. The sales commission also varies depending on the type of policy. Is it

> Where should the line be drawn between a reasonable number of securities transactions and churning?

> Because most professionals carry liability insurance, what is the role of the insurance industry in promoting the competence of professionals?

> Does having malpractice insurance lessen the care taken by professionals?

> Does the licensing of professionals guard against negligence? Advance arguments for and against.

> Is it ethical for a pharmaceutical company to charge high prices for prescription drugs when these drugs are needed by persons who cannot afford them and whose lives depend upon them?

> Because tobacco is known to cause health problems, should it be illegal to use?

> An employee posted on her personal Facebook page that her manager “does not feel that we help customers enough—I’ve had it. My fellow coworkers—How do U feel?” Other coworkers responded on Facebook, indicating that they were also frustrated by the lack o

> Should the federal and state governments allow consumers to purchase drugs from Canada and other countries on the Internet?

> Why would a company that is subject to strict liability be hesitant to introduce new or innovative products?

> Where should the responsibility lie for product safety: manufacturers, retailers, users, or government regulators?

> If a union and a company have agreed to a collective bargaining agreement, is it ethical for employees who disagree with its terms to engage in a slowdown?

> How can the NLRB determine whether an employer is bargaining in good faith?

> Should it be illegal for a supervisor to ask his or her subordinate for a date?

> Should persons with relatively minor disabilities, such as being required to wear corrective lenses, be considered disabled under the ADA?

> Should OSHA require that all safety violations be corrected, even if the cost of correcting a violation is extremely high?

> When providing a reference for a former employee, is it ethical to withhold truthful negative information for fear of being sued?

> Six freelance writers sold articles for publication in print to a variety of popular newspapers and magazines, including The New York Times, Newsday, and Sports Illustrated. Nexis allowed computer users to retrieve the online version of these articles, w

> Should promises made in an employee handbook legally bind an employer?

> Why and how are contracts of adhesion especially problematic for offers made on the web?

> Currently there is a $1 million limit on the amount a company may raise in 12 months through crowd funding. Should investors have more opportunities to purchase securities over the internet through crowd funding?

> Are there instances when an employer should not make an employment decision based on an employee’s social media use?

> Should companies monitor, restrict, or ban unaffiliated group pages that purport to boost a company’s products?

> Should social media be used by companies to disclose information to investors?

> Why would a creditor want information about a potential borrower’s social media use?

> Do you believe that it is fair to hold public figures to a different standard of privacy and defamation than private individuals?

> What are some advantages and disadvantages of legally restricting spam in cyberspace?

> What justification might there be for an employer to be legally entitled to view an employee’s e-mail without the employee’s permission?

> Harry and Marilyn Owen were divorced after a short marriage and entered into an agreement to divide assets. In addition to the division of personal property as agreed to and as recorded by the court, Marilyn claimed ownership of a Chevrolet automobile an

> How does the presence of cookies on the hard drive of a user’s computer harm an individual’s right to privacy?

> Where should the line be drawn between the responsibility of the government to thwart terrorism and the rights of Americans to be free from governmental intrusions into their privacy?

> What is the justification for allowing a trademark owned by a company to become generic?

> Should an individual who is offered an employment position sign an employment contract that contains a restrictive covenant?

> What are the alternatives available to a testator who is considering the creation of a testamentary trust?

> Should states allow electronically prepared and signed wills? What would you suggest to authenticate the signature?

> Why should a holographic will be legally valid while a transcript of a voice or video recorded will is invalid?

> If a person dies intestate, is there any way his or her heirs could prove what his or her testamentary intent would have been?

> Should the law dictate that a person must provide for a spouse and children either by a will or by state law of intestacy? Why or why not?

> Are tenants justified in withholding rent on the grounds that another tenant’s behavior has interfered with their right to quiet enjoyment?

> McCutchon wrote a check payable to “cash” while he was in a supermarket. Before he got to the cashier, he realized that he had lost the check. Is this a bearer instrument, payable to any holder? Principle of Law: Decision:

> Define nuisance and the types of nuisance charges.

> Under what circumstances should a landlord be held liable for injuries suffered by a tenant who is a victim of a crime in his or her premises?

> What recourse does a tenant have when the landlord fails to provide reasonable habitability?

> Most residential leases prohibit the premises being used for business purposes. Would activities such as writing, dressmaking, or accounting be sufficient reason for eviction?

> A renter of a power tool, ignoring safety warnings, injures himself while using it. The renter later denies that he had seen or read the warnings. The company renting the tool denies any knowledge of the defects in the power tool despite being aware of t

> Should a common carrier be required to accept all goods for shipment that it is authorized to transport? Could there be grounds for refusing some shipments?

> A guest’s laptop computer is stolen from her hotel room. Should the hotel bear some responsibility for the loss?

> The law of bailments requires that the bailee extend either slight care, reasonable care, or extraordinary care—depending on the circumstances. Why does the law allow such variations?

> A car left in a parking garage is damaged and the attendant disclaims responsibility. While, in theory, the owner of the car (the bailor) would seem to have the law on his or her side, how can he or she prove the claim? In practice, will the owner be abl

> Various forms of multiple ownership of real property—such as joint tenancy, tenancy by the entirety, tenancy in common, and so on—have evolved from our English legal roots. Are these designations relevant today?

> Can a gift given causa mortis be assumed to be as freely given as a gift given inter vivos? Why or why not?

> After Balkus died intestate, included among Balkus’s possessions were bank deposit slips for a savings account owned by him. On each deposit slip was a handwritten notation, “Payable to Ann Balkus Vesley [Balkus’s sister] on P.O.D. the full amount and ot

> The transfer of real property is much more complex than the transfer of personal property. What could be done to simplify real property transactions?

> Is it ethical for direct mail marketers to include a document that resembles a check made payable to the addressee, when closer examination reveals certain conditions such as “good only toward the purchase of . . .”?

> How do significant changes made in an instrument affect the rights of the parties to it?

> Should an endorsement written in pencil be legally acceptable? Why or why not?

> The innocent endorser of a forged instrument who negotiates commercial paper is liable. Is this fair?

> The practice of floating provides an opportunity to “borrow” interest-free by cashing a check for which there are inadequate funds on deposit. If the check writer makes a deposit to cover the check in time to avoid a “bounced check” charge, is this pract

> Should the practice of writing postdated checks be illegal?

> Issuers of traveler’s checks encourage buyers to retain unused checks as a form of “emergency fund.” Who benefits from this practice and why?

> The complexity of the financial and banking system is a bit staggering. What might be done to simplify the system for consumers?

> Is it ethical for an individual to purchase numerous items on credit when he or she knows that bankruptcy is available as an option in the event of a default?