<br/> -Presume you wish to start a business in Costa Mesa teaching
college students about business law. You will have at least 10 employees, and want to receive financial aid from the Government to help fund students. You will have a bookstore and cafeteria. Tell me at least 4 types of business laws or requirements you will need to deal with.
-Discuss what "in personam" or personal jurisdiction is and why it is important. In addition, describe for me what a "long-arm" statute is. "in personam" or personal jurisdiction
why it is important
-a) Tell me the current trend in the Supreme Court regarding the exercise of long-arm statutes and jurisdiction over out of state defendants in state and federal courts.
-What are the purposes of business laws in our society - list at least four. Do not forget the "P" word.
-Name and describe for me the three branches of government, what functions each does, and describe 10 ways that one branch of government "checks" the power of each the other branches of government (only one for the court branch) and include the regulatory agencies and have arrows going to each box or circle. Feel free to draw boxes. IF you still have the diagram, check it over, tell me how many checks you have on it, take a picture of it, and submit that.
-Describe the primary basis for Congressional power over business, and give 4 examples of how Congress has exercised that power. You may cite specific sections of the Constitution or other laws or name agencies Congress has created, and what they regulate.
-List at least 4 sources of laws regulating business today.
-Take this opportunity to tell me (1) 4 different types of methods of resolving business disputes, (2) briefly describe each, and (3) at least two advantages and one disadvantage of each method. Method of resolving dispute
Using a third party expert to give an opinion, and try to resolve the case.
Usually faster and cheaper than litigation, final decision, nonpublic
Costly, takes longer, usually destroys business relationship
- Tell me one of the philosophies of business ethics which you find agreeable and describe it briefly, and why. Did that help you to set a price for water in the Houston hurricane? Philosophy of ethics
Why you like it
-List the 4 steps in the IDDR systematic approach set out in the book for resolving business ethical dilemmas. Why does this help or make more difficult reaching ethical outcomes?
9.a. What are 4 things that a CEO or the Board of Directors can do to promote ethical behavior within the company?
-Name some of the sources of the ethical dilemmas we seem to see in our society.
-Name the primary steps in a typical civil action, and tell me what "service of process" is. Steps in a civil action
Service of process
-List for me the steps typical lawyers would take in analyzing and resolving legal questions and how to "think like a lawyer".
-Describe for me the holding in the recent Supreme Court case which you reviewed in the class assignment. Use at least two sentences so that it is pretty clear. (ATT v. Concepcion, Dukes v. Walmart or Nicastro v. JJ McIntyre). Or, you may also describe the case you recently briefed if you wish.
-Tell me the difference between a question of law and a question of fact, who decides facts, and then tell me which court (trial or appellate) would handle only questions of law. Difference between a question of law and a question of fact
Who decides facts,
Which court (trial or appellate) would handle only questions of law
- Describe "venue" and "standing". On the test, you may have to do both. Venue
-Tell me the four Amendments that provide guarantees to persons and businesses accused of crimes, and at least two guarantees for each of those Amendments. Then, describe the exclusionary rule. Amendment
Guarantees provided to businesses accused of crimes
-Tell me why and by whom an independent agency is created.Who creates an independent agency
Why is it created
-Tell me the steps an independent agency must take to make new rules.
-Tell me what "Chevron deference" is. Who defers to who, and why?
-Tell me 3 differences between the civil court system and the criminal court system.
- Tell me 3 sources of international law.
- List for me at least 4 challenges faced by companies who want to open up operations overseas, and then 4 strategies they could use to limit their legal and financial liabilities if they do.
23. Name the four elements of negligence, and define what we mean by duty.
24. Tell me 3 defenses to claims of negligence, and define one of them.
25. Define negligence per se, and tell me what element of negligence it helps to prove. Then, define res ipsa loquitur.
Negligence per se
Res ipsa loquitur
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