What is a check?
> When will majority rule not govern decisions connected with partnership business?
> How is partnership liability paid out when a judgment is rendered against the partnership?
> What are the three essential elements necessary (but not necessarily sufficient) to form a partnership?
> What is the difference between a general partnership and a limited partnership?
> Why are LLCs and partnerships attractive to businesspersons?
> Why might the members of an LLC (or the participants in any forms of business organization discussed in this chapter) prefer to put the terms of their operating agreement in writing?
> How is it possible for jurors and judges to overcome their own prejudices in deciding cases in which gender or another protected trait plays a key role?
> What does the Americans with Disabilities Act require?
> What does the Age Discrimination in Employment Act prohibit?
> What factors indicate that a third party beneficiary to a contract is an intended beneficiary rather than an incidental beneficiary?
> What is sexual harassment and under what circumstances might an employer be liable?
> What are some defenses available in employment discrimination cases?
> What is disparate-impact discrimination and how is it proved?
> What is disparate-treatment discrimination and how is it proved?
> What does the Equal Employment Opportunity Commission do?
> Equal employment opportunity is not a universal policy, and some countries restrict the role of women in employment. Should a U.S. firm doing business is those countries respect this position?
> In the context of employment, what does Title VII of the Civil Rights Act of 1964 prohibit?
> What were the purposes behind the adoption of the National Labor Relations Act?
> Is penalizing employers the best approach to take in attempting to curb illegal immigration?
> Why should immigration be restricted?
> When does a third party have contractual rights?
> Why should immigration be permitted?
> Discuss exceptions to the employment-at-will doctrine.
> What protection do employees have from the financial impact of retirement, disability, death, hospitalization, and unemployment?
> What state and federal statutes protect employees from the risks and effects of employment-related injury, death, or disease, and what is that protection?
> Do federal labor laws cover all workers?
> What are some of the common law exceptions to the employment-at-will doctrine?
> What are some important provisions of the Fair Labor Standards Act?
> What is the ethical basis for imposing vicarious liability on a principal for an agent’s tort?
> If an apparent agent does not in fact have the authority to act on the principal’s behalf, does the principal have an ethical responsibility to inform an unaware third party?
> Are undisclosed principals and their agents liable under contracts made by the agents with third parties?
> What duties cannot be delegated?
> What happens if a principal does not ratify an agent’s unauthorized act?
> What effect do a principal’s representations giving apparent authority to an agent have on the principal’s liability?
> How is an agency relationship created?
> What are some other advantages of being an independent contractor? What might be some disadvantages?
> What are some of the factors that can determine whether an individual is considered an employee or an independent contractor?
> Should it be left to the courts to decide who is, and who is not, an independent contactor?
> Why is agency law essential to the existence and operation of a corporation?
> Are there legal safeguards for the privacy of a user of e-money against the issuer?
> What types of financial institutions are covered by the EFTA?
> 1. How might Check 21 affect the potential for banking fraud? 2. Are there circumstances in which a copy of an original canceled paper check could be demanded?
> What is an anti-assignment clause?
> What role does the Federal Reserve System play in clearing checks?
> Who is liable when a customer’s bank pays an altered check?
> Who has the right to order that payment on a check be stopped?
> When does a check become stale under the UCC?
> What is an overdraft?
> 1. Should only banks and regulated financial institutions be allowed to issue ATM cards? 2. How might the government regulate digital funds to reduce the potential for cyberlaundering?
> What are the ways in which an instrument may be discharged?
> What is a material alteration of a financial instrument?
> Who assumes the burden of loss when there is a forged or unauthorized indorsement?
> When the rights under a contract are assigned, what happens to the rights of the assignor?
> What is the public policy behind the fictitious payee rule?
> When may a person whose forged signature appears on a negotiable instrument be liable under that instrument?
> Compare the concepts of primary and secondary liability under a contract theory of law.
> What kinds of defects in an instrument will prevent a holder knowing about those defects from acquiring HDC status?
> How can a holder take an instrument for value?
> What is the practical reason for the warranty that a check presented for payment has not been altered since its issuance?
> What is the difference between a holder and a holder in due course?
> What is the difference between a blank and a special indorsement?
> When may reference to other agreements be made in a negotiable instrument without destroying its negotiability?
> Must a negotiable instrument contain a promise or order to pay?
> What are three exceptions to the Statute of Frauds?
> What sort of signature is required by the UCC to create a negotiable instrument?
> What are some of the practical limitations concerning the writing evidencing a negotiable instrument and the substance on which it is placed?
> What are the primary functions of negotiable instruments?
> What is a bearer?
> Why is a transfer by negotiation preferable to a transfer by assignment?
> Why is it necessary to know when payment on an instrument is required?
> Why does it matter whether or not an instrument is a negotiable instrument?
> Should the Internet make it easier or more difficult to insure that the information provided to and by credit reporting agencies is accurate? Why?
> What are the primary functions and powers of the Consumer Products Safety Commission (CPSC)?
> What are some of the tactics that may not be used by collection agencies to collect debts?
> At what price does a sale of goods require a writing?
> What should a consumer do, before applying for credit, to avoid disputes?
> When must a recipient of unsolicited merchandise return the merchandise to the sender?
> How do state and federal laws regulate door-to-door sales?
> What are some of the actions that may be taken by the FTC against deceptive advertising practices?
> How does a bait-and-switch advertisement work?
> Should laws against bait-and-switch advertising be abolished?
> What is puffery?
> Can an injured bystander recover from a manufacturer or seller on a strict liability theory?
> What are the requirements for a cause of action in strict liability in a product liability suit?
> To avoid liability on a negligence theory in a product liability suit, to what extent must a manufacturer exercise due care?
> What is a collateral promise?
> In what ways does the Magnuson-Moss Warranty Act modify UCC rules on implied warranties?
> When does a cause of action accrue for breach of warranty?
> What effect does a buyer’s examination of the goods before contracting have on implied warranties?
> How can implied warranties of merchantability and fitness for a particular purpose be disclaimed?
> If warranties are inconsistent, what are the priorities?
> Other than immediate sellers and manufacturers, who may be subject to strict liability?
> What is the difference between express warranties and puffery?
> When can a buyer or lessee revoke acceptance?
> What damages can a buyer recover?
> 1. When is a seller entitled to recover damages? 2. What is the measure of the damages?
> When does the one-year period of the one-year rule begin?
> When can a seller reclaim goods?
> When does a seller have a right to withhold delivery?
> What are the buyer or lessee’s obligations regarding performance?
