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    Common Law, Jurisdiction, Precedent, Statute and Remedy

    Describe the following terms in your own words. Be sure to use complete sentences and cite your sources of information. It is recommended that you use your textbook for this assignment. 1 Common Law 2 Jurisdiction 3 Precedent 4 Statute 5 Remedy

    Research Testing Methods to Change Applicant Testing Process

    The company you work for is considering changing its applicant testing process. Your supervisor has asked you to research testing methods and make your recommendation. This proposal will be submitted to the vice president for review and consideration. For the purpose of this, it helps to have a specific type of organization

    Rally Round the Trade Name View the video: 'Rally Round the Trade Name' by clicking on the link in the course shell. There is also a link that will allow you to print the script of the video. Write a report answering each questions following: 1. Explain whether or not the fact that Gabby's surname is Rally gives her the right to use it any way she wishes. 2. Explain whether or not it matters that Rally is associated with pizza. 3. Explain how important the fact is that Herman started to use the name Rally first in that particular geographical area. 4. Explain what rights you have in your trade name. 5. Explain what remedies you have if someone else infringes upon your trade name. Video 9: Intellectual Property: Trade Name - Script FADE IN-INTERIOR AUTO DEALERSHIP SHOW ROOM-DAY We are CLOSE ON Tony Sulka, who is sitting at his desk in his shirt sleeves. In the BG we can SEE Shelly Rice, who is talking on the telephone. They both look perky, in good shape. There's an upbeat mood. It's the beginning of a new day, when it seems possible to sell every car on the lot. Tony looks at Shelly. Tony Okay here, it's the beginning of another great day at Rally Motors. So let's get with it, customers, come on in! Tony looks at his phone. Tony (to phone) Ring. The telephone rings, and Tony winks at Shelly. Tony (on phone) Rally Motors, home of the offer you can't refuse. Okay . . . a large, three cheese, hold the anchovies, and extra pepperoni. Tony is writing this down until he finally comes to his senses. Tony (continued) Hey, this is a car dealership, not a pizza parlor . . . ANOTHER ANGLE-as we catch Shelly making this aside: Shelly So you noticed. ORIGINAL ANGLE-on Tony. Tony (continued) . . . no, we don't offer pizza if you come in for a test drive. No, I don't know the number of Rally Pizza, and I won't look it up for you-unless you buy a car. Tony hangs up. Hey, Shelly, what's the deal on this pizza parlor? Are you still getting these calls? ANOTHER ANGLE-on Shelly and Tony, catch their reactions. Shelly A lot of them. ANOTHER ANGLE-as Herman comes into the frame. Shelly (to Herman) Hey, Herman, you know we got three more calls for pizza? Herman It's going to stop. I talked to my lawyers about it. This morning, we told Rally Pizza that we intend to sue. ANOTHER ANGLE-on the door, as it bursts open and in walks a middle-aged, short, stocky woman. She is Gabby Rally, the owner of Rally's Pizza. She is bouncy and wears a typical pizza uniform. She is also carrying four boxes of pizza. Gabby Pepperoni, sausage, cheese, and one vegetarian. Gabby looks at Tony, obviously the easiest mark. Gabby (to Tony) So what'll it be? Tony For me? Gabby And it's free. Tony Well, I've always been a pepperoni type of guy. Gabby Pepperoni coming up. Gabby turns to Shelly. Gabby (continued) And I bet you're a vegetarian . . . there you go . . . Gabby turns to Herman. Gabby (continued) . . . now how about . . . ANOTHER ANGLE-as Tony takes the pepperoni pizza and opens the box. He smells it. It's great! ANOTHER ANGLE-FAVORING HERMAN. Herman Excuse me. What are you doing? Gabby I always hate to argue on an empty stomach. Don't you? Herman Argue? Gabby I'm Gabby Rally, owner of Rally's Pizza, fastest delivery in the area. Eat! Herman Your real name is Rally? Gabby Sure is. And you're a Rally too? Maybe we're related. Herman My name is Herman Hays. Rally is the name of our dealership. Has been for forty years. We spend more than three hundred thousand dollars a year advertising that name. I'm sorry, but we simply can't allow any other business to use our name. Gabby Gee, Herman, what's the trouble? You think people are going to confuse a pizza with a car? Herman The name Rally associated with pizza? I don't think so. Tony This is great pizza. It's not that Tony is stupid: Tony just likes to needle Herman in a friendly way. Gabby Thanks. And we're doing great business. Herman Sure you are, because Rally sticks in people's minds. Why? Because we advertise it everywhere. Gabby Lighten up, Herman. It works both ways. Someone can eat a pizza and think of Rally Motors. Why'd you sic those angry lawyers on me, Herman? Do I look like a criminal? Shelly (aside) Herman, remember Ma Barker . . . Herman It looks like the legal talent is working. Otherwise you wouldn't be here. Gabby I came here because I figured you needed to be reminded that a pizza is not a car. Shelly But Gabby, we're getting all sorts of calls for pizza. That says that people are confused about the names . . . Gabby No, it says that people don't know how to use a phone book. ANOTHER ANGLE-a change of mood. Gabby suddenly looks forlorn. Gabby (continued) Herman, you're a big company. I'm a little pizza woman. I don't have the money to get a lawyer to fight you. You're going to put me out of business. Herman I don't want to put you out of business. All I ask is for you to change your name. Gabby Why don't you change yours? Herman I was here first. Gabby Just the business. I've been named "Rally" for more than fifty years. Besides, how can anyone own a name like "rally"? There are car rallies, pep rallies, freedom rallies . . . Herman I'm not getting through to you, am I? If I let you name your business "Rally," then I'll have a used car salesman calling his business "Rally," and he'll open up right across the street. Gabby So that's it? You're really going to force me to change the name? Herman Afraid so. A CHANGE OF TONE-A BEAT. Gabby seems to grow smaller as she accepts defeat . . . she came in a blustering, happy lady, thinking that her spirited quality would get Herman to change his mind. The realities of business have ground her down. It's not a huge change, but some of the spirit has been knocked out of her. Note that this was the same spirit that the morning started with at Rally Motors, with Tony's perky "home of the offer you can't refuse." Gabby (quietly) Well, I don't have enough money to hire lawyers to fight you. I guess you win. ANOTHER ANGLE-as Gabby gets up and walks toward the door. Herman It doesn't make me feel great. I'm sorry, Gabby . . . Gabby turns around and takes a last look at Herman, then goes on out. ANOTHER ANGLE-on Herman. Herman Okay people, let's sell cars. ANOTHER ANGLE-on the whole group, as they turn to their desks. Their phones suddenly start ringing. FADE OUT-

    See attached file for better format. Assignment #5 - Rally Round the Trade Name View the video: 'Rally Round the Trade Name' by clicking on the link in the course shell. There is also a link that will allow you to print the script of the video. Write a report answering each questions following: 1. Explain whether or not

    Environmental Issues

    Discuss how environmental issues affect property (real property and personal property). Study Level: Master Degree in Accounting (CPA).

    Addressing a Wrongful Termination Case

    Mark Sally worked for the Hungry Fisherman as a full time employee at will. He performed various jobs on the fishing boats. mark was fired after refusing to empty the waste materials into the Gulf of Mexico. Discharging waste materials in U.S. waters is illegal. Mark files suite for wrongful discharge. What are the arguments for

    This post provides the correct answer for the total pd.

    A U.S. corporation has purchased currency call options to hedge a 70,000 pound payable. The premium is $.02 and the exercise price of the option is $.50. If the spot rate at the time of maturity is $.65, what is the total amount paid by the corporation if it acts rationally? (Please ignore the time value of premium) 33,600

    distribution a sale of securities; Utah Securities Act

    Amenity, Inc. was incorporated with 1 million authorized shares, which were issued to Capital General Corporation (CGC) for $2,000. CGC distributed 90,000 of those shares to about 900 of its clients, business associates, and other contacts to create and maintain goodwill among its clients and contacts. CGC did not receive any

    LLC tax law

    Eric Stratum and Terese Brown formed ESTB, L.L.C., a member-managed limited liability company created for the purpose of owning and leasing a residential apartment building. The term of the LLC was 25 years. Their operating agreement provided that each owned 50 percent of the LLC. Stratum contributed $120,000 cash as his contrib

    Altman versus Steve's Music Store Inc.

    In the case of Altman v. Steve's Music Store Inc, we have to role play. Thus we are the defendant in this case, so we need the summary or essay for defendant in this case. Here is the source: http://wiselaw.blogspot.com/2011/04/altman-v-steves-music-case-for-moral.html http://license.icopyright.net/user/viewFreeUse.act?

    What are the risk & liabilities factors in an audit? What are the implications to the auditor? What are the implications to the organization? How can the auditor mitigate these risks & liabilities? What is the Sarbanes-Oxley Act (SOX)? What impact do you think it would have if a company had to comply.

    What are the risk & liabilities factors in an audit? What are the implications to the auditor? What are the implications to the organization? How can the auditor mitigate these risks & liabilities? What is the Sarbanes-Oxley Act (SOX)? What impact do you think it would have if a company had to comply.

    Sarbanes Oxley

    Have you ever thought about why companies have to reinvent themselves, just to keep from having to go out of business, because of changing business conditions? Please give your comments and thoughts. Sarbanes-Oxley Act of 2002 has been described as the most far-reaching legislation affecting business since the passage of

    This post addresses choosing a joint venture partner.

    A US inventor has developed and patented a new running shoe that can increase a runner's speed substantially. He got two proposals from two different companies who would like to form a joint venture with him. One company is a French sportswear giant which has a marketing and distribution system in every major city in Western

    Liability under CSIG

    Bello Wine Co. in France produces and exports wines. It sold 1,245 cases of its wine to Tippler Distributing Co., in the United States. The contract did not use any trade terms or specify any delivery terms to any specific destination. Bello, through its agent in the United States, selected Bigport for the port of entry in the U

    case analysis of a court case

    Complete a case analysis. Read the following case and prepare a brief summary of the case. Lee v. Weisman, 505 U.S. 577 (1992). Format of the case analysis: Case Name Case Citation Plaintiffs.List all plaintiffs and explain who they are and the positions they hold or reason they are a plaintiff. Defen

    Public Health Service Act

    Title X of the Public Health Service Act provides federal funding for family-planning services. Section 1008 of the statute specifies that none of the federal funds provided under Title X are to be "used in programs where abortion is a method of family planning." In 1988, the Secretary of Health and Human Services issued new reg

    Non-contract Theories of Recovery: Promissory Estoppel, Hernandez sued UPS

    Promissory Estoppel: In July 2006, Hernandez was employed by Nestle as an industrial engineer. Hernandez learned of a job opening at UPS Supply Chain Solutions, Inc., and applied for it. He interviewed with UPS representatives and received a written job offer from UPS for a management trainee position in the El Paso, Texas, I

    Dollar Value for fair pricing; Lawyers and length of cases

    Question # 1 When doing business with a foreign company, would you take into consideration the conversion rate of the dollar in order to determine a "fair" price for the products or would you simply charge what the goods are worth? Why or why not? Question # 2 It seems as if some lawyers use the media and trials to mak

    Securities Act

    Read the below and answer in regards to article: Do you feel the Acts were appropriate actions for the government to take? Where they effective? "The Securities Act of 1933 in its time was the first federal legislation that addressed issues that deal with sale of securities. Before this federal legislation it was the states

    Differences between secured and nonsecured transactions

    Please help with the following problem. Transactions between two parties may take the basic form of either secured or nonsecured. Compare and contrast the two and describe in detail the risks of each. Level: Master Accounting and CPA.

    This post addresses insider trading & a window washer.

    Ms. Johnson is an independent window washer who has been hired to wash the windows of the Jensen headquarters building. While scrubbing on a window on the 67th floor, she hears (through a ventilation screen) the president and the chairman of the board discussing, in confidence, that the corporation has discovered a new growth ho

    Provisions or Guarantees in an Agreement

    You are the legal adviser for a steel manufacturing company. The board of directors has sent you to India to negotiate an investment agreement with India's government. Describe the provisions, or guarantees, you think must be in this agreement to protect your company's investment.