After completing his law degree, Bud starts looking for a job. Bud remains unemployed for several months before the firm of Cheatham and Moore agrees to hire him. Nervously, Bud asks what his salary will be. Cheatham says they will pay him what they think he is worth. Is this a valid offer? Why or why not? What if Cheath
Describe the Procurement Integrity Act and why it is important to the acquisition process. Explain various types of procurement fraud and various procurement fraud remedies.
Discuss the reasoning of the court in the case of Ardito et al. v. City of Providence, 213 F.Supp. 2d 358 (D RI). Can you identify an offer and an acceptance in this case? Can you make out a bilateral or unilateral contract? How could the October 15 letter be revised to avoid being considered a unilateral contract?
Kim went to Ling's Market to pick up a few items for dinner. It was a rainy, windy day and the wind had blown water through the door of Ling's Market each time the door opened. As Kim entered the store, she slipped and fell in approximately one-half inch of water that had accumulated on the floor. The manager knew of the weather
Two individuals have decided to create a business. They have financing available and have a well-developed business plan. They have not decided which type of legal business structure would be best for them. What advice would you provide them in making this choice?
Case Study Decision: Change In Circumstances - Gagnon v. Coombs Facts: Francis Gagnon was an elderly man who, with his wife, owned a farm in Shelburne, Massachusetts and land in Hillsborough, New Hampshire. They had two children, Joan Coombs and Frank Gagnon. Joan suggested that her parents sign powers of attorney appointin
Henry's Hammer Company purchased metal from Harold. Harold was an independent contractor who sold different types of the best metal in the state. Henry's Hammer Company was new to the area. The company's purchasing agents wanted to be sure that the hammers produced by the company would be of the highest quality. The purchase pri
Security guards at Target in Tampa were called to break up a fight in the parking lot. As they approached the two men, one of them, Jack, threw a punch at one of the guards. The other guard sprayed Jack with pepper spray, tackled him, and handcuffed him. While waiting for the police to come, they searched his pockets and rem
Haris is qualified yet inept electrician, and the director and majority shareholder of Burg-Go Sdn. Bhd. (Burg-Go). Burg-Go purports to specialise in installing burglar alarms. In fact, Haris has had little success in installing alarms, and now has several disgruntled customers. In particular, one of Burg-Go's customers, Alex
See the attached file. Case study (Contract Law: Sales and Product Liabilities) KELLER v. INLAND METALS All WEATHER CONDITIONNING, INC. Facts: When Brain and Clarice Keller installed an indoor swimming pool in the athletic club they owned, customers began to complain that the air near the pool was hot, humid, and foul-sme
You are a legal expert who has been asked by a corporation to speak on the advantages of the cyber-court network, cyber-management, and cyber-discovery techniques. Your audience will be IT professionals who do not know anything about legal matters. Prepare a one-page outline for a speech. List at least three important points you
The Sarbanes-Oxley Act was enacted in response to the corporate scandals that inundated the financial community in 2001 and 2002. In your opinion, what was the most important aspect of Sarbanes-Oxley? Be sure to support your answer.
Winston Cigars Incorporated manufactures cigars. You can't stand the smell of those disgusting sticks of tobacco. Winston knows that smoking cigars causes the teeth to turn yellow and that 25 percent of cigar smokers lose their teeth. Winston also includes a small amount of addictive substances in the cigars. Winston does no
Compare and contrast open meetings and open records to the federal counterpart. Tell me and explain what the Fair Debt Collection Practices Act is.
Sarah entered into a written contract with Safe Storage Incorporated. The agreement included a clause excusing Safe Storage from any liability for loss or damage, even if the loss or damage resulted from Safe Storage's negligent acts. Sarah signed the agreement. A fire destroyed the warehouse and all of its contents, including S
Read the United States Supreme Court case of Preston v. Ferrer, 128 S.Ct. 978 (2008). The ruling is attached, which is located at http://www.law.cornell.edu/supct/html/06-1463.ZO.html. Answer the following questions about the case: What is the issue? What were the primary arguments made by the plaintiff and defendant?
Scenario 1: Walter Does It His Way Jonathan operated a landscaping business as a sole proprietor. Jonathan's business picked up in the spring and summer, so he asked his friend Walter to help him. After doing some research, Walter determined that he could become an employee or act as an independent contractor. Walter was exci
Little Ltd. is a small, publicly-traded company that owns a valuable patent. Little has approximately 1,000 stockholders and about 100,000 shares authorized and outstanding. Big Company would like to buy out all of Little's assets, but Little's board of directors refused the offer. Big has now tendered an offer to all of Little'
Val purchased a computer from Gateway, Inc. Upon starting the computer, she was asked to agree to a number of provisions in the contract of purchase in order to continue initial installation. The program indicated that if she did not wish to agree to the terms, she could return the computer to Gateway at Gateway's expense. One o
If someone breaks a contract, the other party can generally sue and win some form of damages. But for centuries, the law has considered land to be unique. And so, a lawsuit that involves a broken agreement for a sale of land will usually result in an order of specific performance. Is this ancient rule still reasonable? If so
If a person promises to give you a gift, there is usually no consideration. The person can change his mind and decide not to give you the present, and there is nothing you can do about it.But if a person makes a contract with someone else and intends that you will receive a gift under the agreement, you are a donee beneficiary a
Liability in Practice Scenario 1: SuperKool is a company that makes air conditioners and sells them out of its SuperKool stores. SuperKool also sells used air conditioners of its own brand, which the company identifies as selling "as is" with no express warranty. For the new air conditioners that SuperKool sells, 1) What types
Discuss the legal requirements from the employer's standpoint in regards to employee discipline, and provide examples of a situation related to each one. There is a 75 word minimum response required.
1) How is information technology, especially the growth in digital networks (LANs, wireless (at home and at the workplace), iPods, iPads, Blackberries, cell phones, etc), changing the way people work in organizational environments? Give 2 business related examples. 2) Consider the earlier flap over Internet monitoring softwa
Sheila Weathers started as a bank teller, and over time was promoted to various positions. It was peculiar to her that her co-worker, Jake Sentry, was paid a higher salary for doing virtually the same work. It was time to meet with their boss, Gordon Demway, to discuss the matter. In the meeting, Weathers rattled off her job
Disruptive Change: how to manage the "disruptive change" occurring in the marketing and sales function of the healthcare sector, and how to continue to make the patient experience the focus.
Resource: Kongstvedt, P. (2013). Essentials of managed care (6th ed.). Burlington, MA: Jones & Bartlett. Chapter 16 ends with several questions and a conclusion related to the marketing and sales function of the healthcare sector. Describe your plan to manage the "disruptive change" the author describes. How will the patien
What is your perspective regarding environmental restrictions and economic freedom. Explain your rationale and support your view with research. Be sure to address the topics of sustainability, change management, regulation, and competition.
1. Explain Little's Law and how it can be used. 2. Define a process and basic process measures such as cycle time and utilization. 3. Explain how a firm determines its available capacity. 4. The United States economy cannot support itself solely on its service industry. Do you agree or disagree with this statement? Defend y
Compensation based on pay for performance models is not new to corporate America, but it is practically unheard of in the law profession, until recently. Law firms are now seriously considering abandoning the traditional and long-established lock-step compensation system for a more rigorous pay-for-performance system. What could
For the case Griggs v. Duke Power Company 401 U.S. 424 (1971), discuss the facts, the issue, and the court action and provide an analysis.