There are typically four factors for copyright infringement: 1) the amount of the work copied (the more copied the more likely it is to be infringement or the more "key" the copied elements are to the original work, the more likely to be infringement; 2) the nature of the work (the more creative the original work the more likely
Select a company that has been the subject of a product liability lawsuit in the last ten (10) years. Research the lawsuit using legal data. 1. Describe the company and the product safety issue that led to the lawsuit. 2. Discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolv
Please focus on a legal issue or situation that relates to a business environment or activity with a focus on the legal impact technology has on this issue. Apply the legal concepts and ethical considerations. At a minimum this should include: - A detailed description of the topic. - An analytical discussion of the legal
Internet domain names are linked to trademark issues. Technology makes it easy to copy and distribute music and movies without paying royalties. Business conducted on the internet raise security and privacy issues. What legal concerns are raised by these issues? Predict which of these issues will be of major concern in the futu
Please help with the questions based on the following scenarios: Schmidt Gifts and Novelties, Inc. imports a product from a company in a developing nation. Schmidt promotes itself as a socially responsible and green organization. It provides good wages and benefits to its employees, recycle, and complies with all environment
Jim wants to sell his car to Marsha. Describe what elements would to need to be present in order to have a valid contract. Would this contract fall under UCC? Why or why not?
Grumped Company asks Pierce Whippersnapper LLP (PW), a CPA firm, to audit its financial statements. Grumped tells PW that it plans to use the statements to obtain a loan from First Bank. PW prepares the statements. Grumped uses the statements to obtain a loan from Second Bank. The statements falsely state Grumped's financial pos
Major Media Station, which broadcasts TV and radio programs around the country, contracts with shock jock Don Marco, who hosts the station's most successful morning drive radio program in the country: Mark My Words. The program consists of traffic and sports updates, interviews with sports figures and celebrities, and Mark's Wor
Deon Donato buys 1,000 common shares of Tromput Corporation in an offering of shares made pursuant to a Rule 506 exemption from the registration provisions of the Securities Act. Deon relies on financial statements audited by Angst & Yearn LLP (AY), a CPA firm, which statements materially overstate Tromput's inventory and earnin
A way to improve litigation is to provide more opportunity for larger settlements when people are hurt by defective products. Big corporations should feel the brunt of the legal recourse by victims through the use of juries who are unhindered in their settlement judgments. This would make corporations take the initiative to ensu
Distinguish among mandatory, permissive, and illegal bargaining subjects. Give examples of each.
Michigan's New Right-to-Work Law - What does it mean for a company that is currently located in Michigan or thinking about moving there? Define the key aspects of the new law, explain why this is a significant development, report the factors that led to this change, and analyze the impact it could have on labor relations at the
While most of us are appalled at the association of junk food with drugs, others will argue from a free market economist view that this is all about personal choices and freedom of commercial speech. Therefore, some people would be even more offended if government tries to ban the sale of junk food or restrain the marketing of j
State your opinion A will or trust is necessary if a decedent wants to control how his/her assets will be distributed upon passing. Without such a document, the state statutes will direct the manner of distribution. Each state can determine how distribution will go in an intestate situation. However, I want you to consider the
The legal environment is a component of international business. What types of laws regulate international corporations? How do the differences in laws and regulations in different countries affect international corporations? Provide some examples.
What are the four foundations of law which are exercised globally? Briefly explain each foundation and how they might conflict with one another. I know they are are Islamic Law, Socialist Law, Common Law and Civil/Code Law. Scholarly articles are needed to support answer.
Sarbanes-Oxley Act (SOX) How has SOX adjusted the decisions managers must make when recommending actions to reduce performance gaps?
How has the changed the system of corporate governance in publicly traded organizations in the United States? How has SOX adjusted the decisions managers must make when recommending actions to reduce performance gaps?
You own an appliance business in a working class neighborhood that makes most of its sales on credit. What considerations would you take into account in determining whether and when to foreclose or repossess items on which customers have fallen behind in making their payments? Should you be swayed by the personal circumstances o
Through my reading I found that The Law of Diminishing Returns says that continuous practice creates continuous improvement, even though improvements may be in smaller and smaller increments. If this is true, should anyone receive a grade of 100% on test, paper or demonstration of skill? Obviously, with diminishing returns, none
Check out the case of Stop the Beach Renourishment Inc. v. Florida Dept. of the Environment, 998 So. 2d 1102 ( Fl. 2008). In this case erosion threatens about 60% of Florida's beaches, and under a 1961 law, the state dredged sand from one area and moved it to a threatened area, extending the width of an eroding beach 80-100
Please see attachment for the cast study. The Sibley Hospital case involves several board members taking what any reasonable person might consider to be "questionable" actions. However, "questionable," "unethical" and "illegal" are not the same. Some of their actions may raise even more serious issues, especially as to a b
Barney has finally decided to retire after many years on the job as a deputy in a small North Carolina town and as a detective in the "big city" of Raleigh, NC. Though Barney sometimes appeared to be a bumbling law enforcement officer, it turns out that he was a dutiful saver and a shrewd investor who now owns an interest in a s
Give an example of a contract that you or someone you know entered into (for example, rental agreement, cell phone agreement, property purchase or lease?car, home, furniture, etc.; home or car repair, student loan agreement). Apply the five essential elements of an enforceable contract to your example and answer the following
1. Would it be legal under 'Title IV' of the Landrum-Grinnin Act for the union to adopt a rule that required all candidates for the union office to be proficient in both English and Spanish? Why or why not? 2. Are teaching assistants, research assistants, and proctors employees under the NLRA? Why would a labor union want t
CASE 14.2 Guaranty Contract:Page v. Gulf Coast Motors 903 So.2d 148, Web 2004 Ala. Civ. App. Lexis 982 (2004) Court of Civil Appeal of Alabama "A promise to pay the debt of another is barred by the Statute of Frauds unless it is in writing." - Judge Murdock Facts: Glenn A. Page (Glenn) had a long-term friendship wi
Watch the following video: http://www.cbsnews.com/video/watch/?id=4612675n In 2009, the case filed against Cuban was dismissed in a federal district court but the government appealed and the case is now pending before the 5th Circuit US Court of Appeals. Cuban's defense is that the information he received wasn't confidenti
Review the portion that deals with Products Liability, and then read this Huffington Post article: http://www.huffingtonpost.com/2012/12/18/newtown-victims-lawsuits-nra-_n_2325721.html Do you think gun manufacturers and sellers should be held civilly (not criminally) liable for selling guns that are then used to commit cri
E&J Gallow, the world's largest winery, has just announced that it will stop selling its Thunderbird and Night Train Express wines in a rough neighborhood of San Francisco, called "the Tenderloin." Thunderbird and Night Train Express are both inexpensive wines with an extremely high alcohol content. They are also some of the to
You have been asked by management to explain the variances in costs under your inpatient capitated contract. The following data is provided. Budget Actual Inpatient Costs $12,568,500 $16,618,350 Members 42,000
Globally, the most economically competitive countries provide, on average, longer parental leave, as well as more leave to care for children. But there is an enormous payoff to improving working conditions from lowering long-term family poverty to improving population health and education and increasing their associated economic