Business Law review for quiz one
Business Law quiz 4
Physical contact is not necessary to be liable for thetort of assault.Selected Answer:TrueCorrect Answer:TrueQuestion 2The reasonable person standard is used indetermining the duty in a negligence case.Selected Answer:TrueCorrect Answer:TrueQuestion 3Which of the following must be proven in a negligentinfliction of emotional distress case?Selected Answer: A & C must both be provenCorrect Answer: A & C must both be provenQuestion 4Tort is the French word for right.Selected Answer:FalseCorrect Answer: FalseQuestion 5Strict liability is liability without fault.Selected Answer: TrueCorrect Answer: TrueQuestion 6Guest statutes apply to passengers carried voluntarily without payment in automobiles.Selected Answer: TrueCorrect Answer: TrueQuestion 7Actual harm is not necessary for there to be atrespass, simply being on the land is enough.Selected Answer: TrueCorrect Answer: TrueQuestion 8Negligence is also known as what kind of tort?Selected Answer: An unintentional tortCorrect Answer: An unintentional tortQuestion 9Business torts include:Selected Answer: All of the aboveCorrect Answer: All of the aboveQuestion 10What is the definition of a tort?SelectedAnswer:Any civil wrong that allows the injured person to recover damages. CorrectAnswer: Any civil wrong that allows the injured person to recover damages.Question 11If a plaintiff knows of and voluntarily enters into or participates in a risky activity that results in injury, what is the most likely defense that a defendant will use if the plaintiff sues the provider of the activity?Selected Answer: Assumption of riskCorrect Answer: Assumption of riskQuestion 12A party can be liable for defamation for truthful statements if the statement hurts the plaintiff's reputation.Selected Answer: FalseCorrect Answer: FalseActual harm is not necessary for there to be a trespass, simply being on the land is enough.TrueFalse Question 2Tort is the French word for right.TrueFalse Question 3What is the definition of a tort?Any violation of an ethical dutyAny crime or misdemeanorAny action done in violation of a prior agreement, which allows the victim to recover damages Any civil wrong that allows the injured person to recover damages. Question 4The reasonable person standard is used in determining the duty in a negligence case.TrueFalseQuestion 5Guest statutes apply to passengers carried voluntarily without payment inautomobiles.TrueFalseQuestion 6Physical contact is not necessary to be liable for the tort of assault.TrueFalseQuestion 7Strict liability is liability without fault.TrueFalseQuestion 8If a plaintiff knows of and voluntarily enters into or participates in a risky activity thatresults in injury, what is the most likely defense that a defendant will use if the plaintiffsues the provider of the activity?Contributory negligenceSuperseding eventAssumption of riskNegligence per se Question 9Business torts include:Intereference with contractual relationsDisparagementFraudAll of the above Question 10Which of the following must be proven in a negligent infliction of emotional distresscase?A relative was killed or injured by the defendantThe plaintiff suffered physical injuryThe plaintiff suffered severe emotional distressA & C must both be proven Question 11A party can be liable for defamation for truthful statements if the statement hurts the plaintiff's reputation.TrueFalse Question 12Negligence is also known as what kind of tort?An unintentional tortStrict liabilityUnfair competitionBreach of contractActual harm is not necessary for there to be a trespass, simply being on the land is enough. Selected Ans wer: TrueCorrect Answer: TrueQuestion 2 Tort is the French word for right. Selected Ans wer: TrueCorrect Answer: FalseQuestion 3 What is the definition of a tort?SelectedAnswer:Any civil wrong that allows the injured person to recover damages. Correct Answer: Any civil wrong that allows the injured person to recoverdamages.Question 4The reasonable person standard is used in determining the duty in a negligence case. Selected Ans wer: TrueCorrect Answer: TrueQuestion 5Guest statutes apply to passengers carried voluntarily without payment inautomobiles.Selected Ans wer: TrueCorrect Answer: TrueQuestion 6 Physical contact is not necessary to be liable for the tort of assault. Selected Ans wer: TrueCorrect Answer: TrueQuestion 7 Strict liability is liability without fault. Selected Ans wer: TrueCorrect Answer: TrueQuestion 8If a plaintiff knows of and voluntarily enters into or participates in a risky activity that results in injury, what is the most likely defense that a defendant will use if the plaintiff sues the provider of the activity?Selected Ans wer: Assumption of risk Correct Answer: Assumption of riskQuestion 9 Business torts include:Selected Ans wer: All of the above Correct Answer: All of the aboveQuestion 10Which of the following must be proven in a negligent infliction of emotional distress case?Selected Ans wer: A & C must both be proven Correct Answer: A & C must both be provenQuestion 11A party can be liable for defamation for truthful statements if the statement hurts the plaintiff's reputation. Selected Ans wer: FalseCorrect Answer: FalseQuestion 12Negligence is also known as what kind of tort?Selected Ans wer:An unintentional tort Correct Answer:An unintentional tort。
Chapter 1 Introduction
Ⅴ
Established in continental Europe, is based on a comprehensive code.
Came from the Roman tradition and was codified in the sixth century in Justnian Code In the 18th century, France codified the law into a civil, commercial, penal, civil procedure and criminal procedure code. Other European countries such as Germany and Switzerland followed with a codification of their law. The colonization of Africa, Asia, and Latin America spread the civil law system.
International Treaties and Conventions (国际条约和国际公约)
条约是指两个 或两个以上国 家之间在国际 商事问题上达 成的具有约束 力的协议。 公约是指国与 国之间在国际 组织主持下达 成的具有约束 力的协议。
Characteristics of Treaties and Conventions
a big foreign buyer contacts you by e-
mail, and wants to place a large order to
you. Then please think, if you want to do the business transaction with him, what
Business law 关键字知识整理
·注意，第一个数字表示第几课，第二个表示在该课的第几页，可能会有小差异（正负1页）。
这个基本上把书上面出现的所有特殊名称（包括人名和法律条款都没有放过）展现，应该说，凡事黑体划线甚至是大写的基本没有放过。
部分大小写没有太注意，不过不会影响查找。
25 January Phillip lands in Bo tany Bay……1.751AA……9.109 Geo IV Ch. 83……1.7Abolished……9.15Absolute Privilege绝对特权……4.17Absolute Title绝对所有权……3.2ACCC（Australian Competition of Consumer Commission）……9.4Acceptance……5.4合约接受一项要约，即是受要约人在要约有效期及以要约要求的方式显示（不论是明示或默示）其愿意无条件按要约的条件受合约所约束Actual Authority……10.3委托人根据协议下或在合同授予代理人之权限Actual Defense……4.10在普通法下，有欺骗意图的欺骗行为，或妄顾陈述的真确或虚假Actual intent……4.18在合同法中，合约一方的主观意图。
当有可接纳的证据证明合约双方的明示意图，法庭便会就该意图作出相应判决Actual possession……3.2有关产权、对财产当前的实质保管或管制权，或于一处地方拥有该财产而该人于该地拥有保管该财产的权利或权力Actus reus……4.18犯罪行为。
构成罪行的自愿行为或不作为；该项罪行的实质因素Administrative Conflict of Juridictions……2.8Affirmation ……8.8确认，当原告人发觉事实上他有权利撤销合约的时候，若他将合约视作继续存在，他会被认为已确认该合约因而不能撤销该合约Agency ……8.2代理人跟委托人的关系，代理人可以影响委托人跟第三者的法律关系Agreement ……8.8Agreements……7.9Amadio type……8.18Amadio‟s case……7.15Amadio……9.1American Declaration of Independence……1.1Ampol……9.15An option……5.3Anarchists……1.2Anticipatory breach ……8.11提前违约，违约的一种，使受诺人可以在承诺人于指定时间履行合约前终止合约Anti-competition……9.1Anton Pillar order ……8.11该命令强令被告人准许原告人查看被告人的处所，目的在于找出及带走与原告人案件相关的任何资料。
business law
The types of business law
公司法 Company Law 商标法 Trademark Law
海商法 Admiralty Law
保险法 Insurance Law
票据法 law of Negotiable Instrument 商业银行法 Commercial Banks Law
Legal terms
Sue 控告， 法院﹚ 控告，向﹙法院﹚起诉 Prosecute 对…提出公诉 提出公诉 Trademark 商标，品牌 商标， Court 法院， 法院，法庭 Lawyer 律师 Case 案件， 案件，诉讼 Judge 法官、﹙纠纷等的﹚仲裁人 法官、 纠纷等的﹚ Defence 被告方（包括被告人及其辩护律师） 被告方（包括被告人及其辩护律师） Litigation 诉讼 争讼 诉讼,争讼
Characteristics
技术性 Technicality
B
Rentability 营利性
A
characteristics
C
Compatibility 兼容性
Variability 变动性
E
D
Internationalis m 国际性
orange
What’s your opinion about this case? a. The company already used the color on its other brands. b. Only part of the company could be prosecuted.
The second case
Going Green (环保绿的官司） 环保绿的官司） 环保绿的官司
Quiz 1
Quiz for Chapter 1TRUE/FALSE QUESTIONS1.In order to be considered a manager, an individual must coordinate the work of others.2. Supervisors and foremen may both be considered first-line managers.3. Effectiveness refers to the relationship between inputs and outputs.4. When managers meet organizational goals, they are efficient and effective.5. Determining who reports to whom is part of the controlling function of management. MULTIPLE-CHOICE QUESTIONS1. Someone who works with and through other people by coordinating their workactivities in order to accomplish organizational goals is ___________.a. a very intelligent individualb. a supervisor of production workc. a managerd. an operations supervisor2. A manager resolving conflict among organizational members is performing whatfunction?a. controllingb. commandingc. directingd. leading3. _____________ distinguishes a managerial position from a nonmanagerial one.a. Manipulating othersb. Concern for the lawc. Increasing efficiencyd. Coordinating and integrating others’ work4. An automobile manufacturer that increased the total number of cars produced at thesame cost, but with many defects, would be _____________.a. efficient and effectiveb. concerned with inputsc. increasing effectivenessd. increasing efficiency5. In successful organizations, ______________.a. low efficiency and high effectiveness go hand in handb. high efficiency and low effectiveness go hand in handc. high efficiency and high effectiveness go hand in handd. high efficiency and high equity go hand in handSCENARIOS AND QUESTIONSAs a production supervisor, Joe decides on Friday afternoon how many units of output his employees will be able to produce and on which days certain products will be run in his department. He also decides which of his employees are going to be responsible for operating which machines within the department next week, as his employees are multi-skilled assemblers. On Monday, he informs his employees whom he has assigned to which machines by handing out assignment sheets and informs the employees that the schedule is going to be difficult due to the increased number of units. He goes on to tell them that he is sure they can fulfill the schedule because they are such good and skilled employees. Each day during the week he checks the amount of output that the employees have completed and the number of units that have been scraped.1. When Joe decides which of his employees are going to be responsible for operating which machines, he is performing which of the management functions?a. controllingb. leadingc. planningd. organizing2. When Joe decides how many units of output his employees will be able to produce and on which days certain products will be run, he is performing which of the management functions?a. controllingb. leadingc. planningd. organizing3. When Joe checks the amount of output that the employees have completed and the number of units that have been scraped, he is performing which of the management functions?a. controllingb. leadingc. planningd. organizing4. When Joe tells the employees that he is sure they can fulfill the schedule because they are such good and skilled employees, he is performing which of the management functions?a. controllingb. leadingc. planningd. organizing5．When Joe performs all of his management functions in a continuous manner, he is performing which of the following?a. scheduling processb. quality control processc. management processd. manufacturing processQuiz for Chapter 2MULTIPLE-CHOICE QUESTIONS1．In Wealth of Nations, Adam Smith described the breakdown of jobs into narrow and repetitive tasks and called this ______________.a. assembly linesb. lowest common factor of workc. division of labord. greatest common factor of work2. General administrative theorists devoted their efforts to _________________.a. making the overall organization more effectiveb. developing mathematical models to improve managementc. improving the productivity and efficiency of workersd. emphasizing the study of human behavior in organizations3. Which of the following phrases is most associated with scientific management?a. management relationsb. one best wayc. supply and demandd. quality control4. The primary issue that aroused Taylor to create a more scientific approach tomanagement was ______________.a. worker efficiencyb. worker effectivenessc. worker absenteeism and turnoverd. workplace safety5. The quantitative approach involves applications of _______________.a. statisticsb. optimization modelsc. information modelsd. computer simulationse. all of the above6．The Hawthorne studies were initially devised to study ______________.a. productivity levels of groups versus individualsb. the effect of noise on employee productivityc. the effect of illumination levels on employee productivityd. the effect of cooperative versus competitive organizational environments onproductivityQuiz for Chapter 3TRUE/FALSE QUESTIONS1. The organizational culture is a system of shared meaning held by members thatdistinguishes the organization from other organizations.2. An increasing body of evidence suggests that strong cultures are associated with highorganizational performance.3. An organization’s founder has little influence on its culture.4. Rituals are repetitive sequences of activities that express and reinforce the key values ofan organization.5. The general environment refers to everything inside the organization.6. Because certainty is a threat to an organization’s effectiveness, managers try to minimize it.MULTIPLE-CHOICE QUESTIONS1. An organization’s culture is ______________.a. represented in organizational meetings by the top manager of the organizationb. represented by a common perception held by the organization’s membersc. represented by a common perception held by interest groups that watch theorganizationd. changed when the organization is purchased by new owners2. Managers operate within the constraints imposed by __________________.a. the organization’s culture and environme ntb. the employees of the organizationc. government at the federal and state leveld. the organization’s board of directors3. Strong cultures _____________.a. are found in organizations with strong leadersb. have a minimal influence on the employee when she or he is making decisionsc. can be found in all organizations that existd. have a greater influence on employees than do weak cultures4. When employees at Microsoft use words such as: work judo, eating your owndog food, and flat food, they are using organizational __________.a. languagesb. ritualsc. symbolsd. ceremonies5. The original source of an organization’s culture usually ________________.a. is shared among the first workers hired into the organizationb. is formulated by the board of directors when the organization is formedc. identifies what the organization is successful doingd. reflects the vision or mission of the organization’s founder6. Which of the following is not mentioned in the textbook as a dimension of organizationalculture?a. attention to detailb. people orientationc. compensationd. aggressiveness7. All of the following are mentioned in the textbook as examples of material symbolsexcept ____________.a. dress attireb. size of officesc. employee stock optionsd. reserved parking spaces for certain employees8. The original source of an organization’s culture usually ________________.a. is shared among the first workers hired into the organizationb. is formulated by the board of directors when the organization is formedc. identifies what the organization is successful doingd. reflects the vision or mission of the organization’s founder9. The link between organizational values and managerial behavior is _____________.a. uncertainb. fairly straightforwardc. loose and difficult to seed. unimportant10. An organization’s specific environment ________________.a. is unique and changes with conditionsb. is the same regardless of the organization’s agec. is determined by the top level of managementd. is quantified to determine its existence11. When you think of an organization’s suppliers, you ________________.a. know that they are the main customers of the organizationb. typically think of governments that pass the laws the organization must followc. know that they are located close to the buying organizationd. typically think in terms of organizations that provide materials and equipment12. For a company such as Disney World in Florida, a bank would be an example of whatkind of factor in their specific environment?a. competitorb. supplierc. special-interest groupd. government agency13. As a manager, if you were working in an industry that was dependent onInternet connections and the many new customers vying for the same space, this would be an example of what kind of environment?a. generalb. staticc. stabled. dynamic14. An organization that has many competitors and suppliers would likely be said to have a highly ____________ environment.a. complexb. dynamicc. stabled. large15. Political conditions, which include attitudes that officials hold toward specific industries, fall within an organization’s _____________ environment.a. globalb. internalc. competitived. general。
Quiz for Chapter 1
Date:Quiz for Chapter 1 Computer Abstractions and TechnologyNot all questions are of equal difficulty. Please review the entire quiz first and thenbudget your time carefully.Name:Course:1. [15 points] Consider two different implementations, M1 and M2, of the same instruction set. Thereare three classes of instructions (A, B, and C) in the instruction set. M1 has a clock rate of 80 MHz andM2 has a clock rate of 100 MHz. The average number of cycles for each instruction class and their frequencies (for a typical program) are as follows:A 1 2 60%B 2 3 30%C 4 4 10% (a) Calculate the average CPI for each machine, M1, and M2.(b) Calculate the average MIPS ratings for each machine, M1 and M2.(c) Which machine has a smaller MIPS rating ? Which individual instruction class CPI do you need to change, and by how much, to have this machine have the same or better performance as the machinewith the higher MIPS rating (you can only change the CPI for one of the instruction classes on theslower machine)?2. [10 points] (Amdahl’s law question) Suppose you have a machine which executes a program consisting of 50% floating point multiply, 20% floating point divide, and the remaining 30% are from other instructions.(a) Management wants the machine to run 4 times faster. You can make the divide run at most 3 times faster and the multiply run at most 8 times faster. Can you meet management’s goal by making only one improvement, and which one?(b) Dogbert has now taken over the company removing all the previous managers. If you make both the multiply and divide improvements, what is the speed of the improved machine relative to the original machine?3. [5 points] Suppose that we can improve the floating point instruction performance of machine by a factor of 15 (the same floating point instructions run 15 times faster on this new machine). What percent of the instructions must be floating point to achieve a Speedup of at least 4?4. [6 points] Just like we defined MIPS rating, we can also define something called the MFLOPS rating which stands for Millions of Floating Point operations per Second. If Machine A has a higher MIPS rating than that of Machine B, then does Machine A necessarily have a higher MFLOPS rating in comparison to Machine B?5. [6 points] Consider the SPEC benchmark. Name two factors that influence the resulting performance on any particular architecture.6. [5 points] How did the development of the transistor affect computers? What did the transistor replace?7. [25 points] A two-part question:(Part A)Assume that a design team is considering enhancing a machine by adding MMX (multimedia extension instruction) hardware to a processor. When a computation is run in MMX mode on the MMX hardware, it is 10 times faster than the normal mode of execution. Call the percentage of time that could be spent using the MMX mode the percentage of media enhancement.(a) What percentage of media enhancement is needed to achieve an overall speedup of 2?(b) What percentage of the run-time is spent in MMX mode if a speedup of 2 is achieved? (Hint: You will need to calculate the new overall time.)(c) What percentage of the media enhancement is needed to achieve one-half the maximum speedup attainable from using the MMX mode?(Part B)If processor A has a higher clock rate than processor B, and processor A also has a higher MIPS rating than processor B, explain whether processor A will always execute faster than processor B. Suppose that there are two implementations of the same instruction set architecture. Machine A has a clock cycle time of 20ns and an effective CPI of 1.5 for some program, and machine B has a clock cycle time of 15ns and an effective CPI of 1.0 for the same program. Which machine is faster for this program, and by how much?8. [6 points] Suppose a program segment consists of a purely sequential part which takes 25 cycles to execute, and an iterated loop which takes 100 cycles per iteration. Assume the loop iterations are independent, and cannot be further parallelized. If the loop is to be executed 100 times, what is the maximum speedup possible using an infinite number of processors (compared to a single processor)?9. [5 points] Computer A has an overall CPI of 1.3 and can be run at a clock rate of 600MHz. Computer B has a CPI of 2.5 and can be run at a clock rate of 750 Mhz. We have a particular program we wish to run. When compiled for computer A, this program has exactly 100,000 instructions. How many instructions would the program need to have when compiled for Computer B, in order for the two computers to have exactly the same execution time for this program?10. [5 points] Imagine that you are able to perform benchmarking “races” to compare two computers you are thinking about buying. Come up with a list of 5 benchmark programs or usage scenarios you would use to create your own personalized benchmark suite. For each program you select, justify it. For the benchmark suite as a whole, discuss a method for calculated a weighted average of the different program run-times.11. [8 points] The design team for a simple, single-issue processor is choosing between a pipelined or non-pipelined implementation. Here are some design parameters for the two possibilities: Clock Rate 500MHz 350 MHzCPI for ALU instructions 1 12 1CPI for Controlinstructions2.7 1CPI for Memoryinstructions(a) For a program with 20% ALU instructions, 10% control instructions and 75% memory instructions, which design will be faster? Give a quantitative CPI average for each case.(b) For a program with 80% ALU instructions, 10% control instructions and 10% memory instructions, which design will be faster? Give a quantitative CPI average for each case.12. [5 points] A designer wants to improve the overall performance of a given machine with respect toa target benchmark suite and is considering an enhancement X that applies to 50% of the original dynamically-executed instructions, and speeds each of them up by a factor of 3. The designer’s manager has some concerns about the complexity and the cost-effectiveness of X and suggests that the designer should consider an alternative enhancement Y. Enhancement Y, if applied only to some (as yet unknown) fraction of the original dynamically-executed instructions, would make them only 75% faster. Determine what percentage of all dynamically-executed instructions should be optimized using enhancement Y in order to achieve the same overall speedup as obtained using enhancement X.。
business law考题总结(完善版)
Topic 11.An example of public law is:A.A wife being charged with the murder of her husbandB.A student signing a lease on an apartment to rent.C.A claim for damages for negligenceD.A woman seeking custody of her children2. Explain the Doctrine of Reception.3. What is a precedent?4. What do we call the part of a judge's decision that must be followed in lower courts in the same hierarchy?5. What is the difference between the standard of proof in a criminal matter and in a civil matter?Topic 21. Who represents the Crown in Federal and State parliaments?2. The name of the Upper House in the Federal parliament is the Legislative Council. T/F3. Explain the Doctrine of the Separation of Powers.4. What is the name of the arm of government that interprets and applies the laws made by parliaments?5. The following extract is from a newspaper article and contains many errors andcorrects them, explaining the reasons for your answers.Jane is suing Billy negligence, claiming that the food she ate in his restaurant was not fresh and made her ill. She is claiming specific performance for ＄50,000 from Billy. The trial is set for June 12 in the Supreme Court of Victoria. To avoid going to jail, Billy must prove beyond reasonable doubt that the food in his restaurant was not the cause of Jane's illness.Which court has jurisdiction to hear matters involving the interpretation of the Australian Constitution?Topic 4Examine the Court Hierarchy in Australia and answer the following questions.1. Which court has jurisdiction to hear matters involving the interpretation of the Australian Constitution?2. The County Court of Victoria hears summary criminal matters. T/F3. Which court is at the intermediary level of the Victorian Court hierarchy?4. Provide legal definitions of the following two legal terms:Ratio DecidendiPrecedent5. What is the term used to describe methods of resolving disputes that are used to outside the court system?Topic 51. Shareholders of a publicly listed company have the right to receive dividends and buy and share sells on the Australian Stock Exchange (ASX). True/False2.Roy run a second hand hospital equipment sales business, called Recylced Roy. Though his warehouse is situated in Victoria he sells equipment online across Australia. Under the business names legislation, where does he have to register his business name?3.What protection does the veil of incorporation provide to company owners?4.A proprietary company can be listed on the Australian Stock Exchange. T/F5.What is a sole trade liability for the debts of his/her business?6. Emily is currently operating as a sole trader in the fashion industry. As she is becoming more successful, she has been advised to incorporate her business. Explain what incorporation means and what are the advantages and disadvantages of incorporation.Answer: Incorporation is the legal process by which a by which a business becomes a company. This means it is a separate legal entity from its director,shareholders, employees, members and creditors.Advantages: Limited liabilityPerpetual existenceCompany can sue and be sued in its own nameDisadvantages: Strict reporting responsibilities to ASICProfits are sharedMany different individuals (CEO, Directors, Shareholders) havean influence on the running of the business, so loss of control bythe owner.Topic 61.What are the duties of an Agent to the principal?2.Explain what a mercantile agent is.3.Rose is an employee in the International Education Department at HenanUniversity. She is responsible for ordering stationary. She decides that the department’s software needs updating, so place an order for new software. Her boss, Mr. Shu, was unaware of Rose’s order at the time she made it and did not authorize Rose to act on his behalf. However, he subsequently agrees with her that the software needs updating and supports her action.Has an agency relationship been created? If so, explain how.Topic 71. Suzie is looking for a new dress to wear to her graduation ceremony. She has a budget of $150. She notices a beautiful cream silk dress with a price tag of $150. She can’t believe her luck and rushes to the sales counter. The sales assistant tells her there’s a mistake on the price tag and she needs to add another zero to the price, making it $1500!Can Suzie insist on paying only $150 for the dress? Explain your answer.2. Karen is 16 years of age and has always dreamed of being a hairdresser. She enters into a four year apprenticeship agreement with Exotic Beauty Salon in the heart of Melbourne. Under the terms of the agreement, she will be trained in all aspects of hair care and styling. There are some additional clauses in the contract which require her to stay back after the salon is closed to mop the floors and clean the shop and beauty equipment, as required by management, this work is unpaid, and it means that her working day is extended to up to 12 hours per day, 6 days per week, for a low 1st year apprenticeship salary of ＄100 per week. All beauty services that she would like to avail herself of are offered to her at a discounted rate and she is able to buy hair and beauty products at wholesale prices.Answers:Issue:❖Whether there is an enforceable contrast between Karen and the Salon.❖Capacity contractLaw:❖Contracts with minors are invalid except:❖Contracts with minors that are beneficial contracts of service will be valid and enforceable.❖Any cases? (Check readings).Apply to laws:❖There is a contract of service between Karen and the Salon as this is an apprenticeship agreement. The question is whether it is beneficial.The question is whether it is a beneficial agreement. Is it, on balance, of benefit to Karen?Advantages?Disadvantages?❖Decide whether the disadvantages outweigh the advantages.Conclusion:Decide whether overall it is a beneficial contract of service or not. If so, Karen is free to leave and cannot be sued for breach. There is no valid contract.Topic 81.Lily was dining at local restaurant with some friends. The restaurant had a leak in the roof near the toilets and in rainy weather would collect in a small puddle in front of the ladies’ toilet, which was located on top of a set of small stairs. The owner of therestaurant, Jason, was aware of the problem but had not yet organized roof repairs. It was raining heavily outside the night Lily and her friends were eating in the restaurant.As Lily was coming out of the ladies’ toilet, she stepped in the puddle and slipped, falling down the stairs near the toilet. She sprained her ankle, broke her arm and sustained bruising. She was unable to work for three months and her medical bills totaled $40,000.After seeking advice from a lawyer, Lily decided to sue the restaurant.●Is this a civil or criminal matter? Explain the reasons for your answer.●On which party is the burden of proof?●What is the standard of proof in this matter?●What types of the legal action can Lily take against Jason the restaurantowner?●What legal outcome would Lily hope to achieve?Answer:This is a civil matter as it is a legal dispute between two citizens. Lily, the restaurant customer, would sue Jason, the owner of the restaurant in negligence.The burden of proof, known in law as the onus of proof, lies with Lily, who is the plaintiff in this legal action. Lily must prove on the balance of probabilities that Jason was negligent in failing to repair the roof of the restaurant. Further, she must show that it was this failure that caused her injuring.Lily would rely on the legal principles established in Donoghue v Stevenson. The requirements to be proved by the plaintiff are DOC, Breach and Damages.Also mention Occupiers’ Liability, Australian Safety Stores Ltd V Zaluzna.Legal OutcomeBriefly state whether you think Lily would be successful in her claim of negligence and why. You do not need to apply the Negligence format. You can if you want to butyou must include answers to the questions.Discuss DamagesIf successful in her claim, Lily can sue the restaurant for damages.General damages e.g. pain, suffering and anxiety, loss of future earning capacity and loss of enjoyment of life. State which damages you think she would be able to claim and why.Special damages e.g. medical expenses and loss of income. Discuss as above.。
国际商法英文版
Theoretical Study Introduction to International and Comparative Law 国际法与比较法入门 State Responsibility and Environmental Regulation 国家责任和环境规制 Dispute Settlement 争端解决 Trade in Goods 货物贸易 Services and Labour 服务与劳务 Intellectual Property 知识产权 Sales 销售
CHAPTER 1
Defining International Law Making International Law Sources of International law Scope of International Law in Practice International Persons Individual Rights Under International Law Comparison of Municipal Legal Systems
© 2009 Pearson Education Inc publishing as Prentice Hall
Chapter 1
INTRODUCTION TO INTERNATIONAL AND
COMPARATIVE LAW
© 2009 Pearson Education Inc. publishing as Prentice Hall 1-1
5. United States---Import Prohibition of Certain Shrimp and Shrimp Products 美国 —虾及虾产品进口限制案
Quiz 1 for the Autumn Semester
Quiz 1 for the Autumn Semester,Grade 1(Nov.15,2010)I .Complete the following with the words you’ve learned in Text A,Book One.(20 points)1.Our manager is so (僵化的，严格的)in his thinking that he never listens to new ideas.2.Mozart (创作，作曲)very good music in his lifetime.3.Passengers would (违反) the law if they refuse to wear a seat belt.4.The earth ’s atmosphere makes (精确的，准确的) observation of distant stars difficult.5.Words cannot (传达，表达) how grateful we are for his timely help.6.Dear friends,we are now (靠近，走进) the Tower of London.7.Mr.Crawford doubted whether Tony had the (能力，才能) to read blueprints and micrometers.8.Mr.Fleagle (赞扬，赞美) Baker on the wonderful essay he had written.9.Sports is not just for fun or exercise.It is also good for (性格，品德) building.10.The pianist took great care to protect her (娇嫩的) fingers when doing house work.11.Only the hope that the rescuers were getting nearer (支撑) the trapped miners.12.Buses run along specific routes with (排定的) stops at (排定的) time.13.Hard as the competition is,Microsoft still (占主导地位) the software market.14.By 2000,roads have been (延伸) to every village in China.15.Would you say your approach to the problem could settle the (争端) over animal intelligence.16.I should ’t always have to tell you what to do,use your own (主动性).17.On the train I (偶然遇到) an old lady who happened to be a neighbor of my daughter ’s when she lived in Los Angeles.18.I ’ve been doing the summer job for two months now .It would be a (奢侈) to be able to have a day off.19.It was a miracle that even at the age of 100 she still kept her mental and critical (能力) alive.20.The manager ’s (无知) about the rapid changes in market led to a great loss on the company ’s interest.II .Fill in the blanks with the phrases you’ve learned in Text A,Book One in their proper forms.You are given more phrases than needed.(30 points)1.When I saw Jim crying bitterly over the death of his pet dog,Icould hardlymytears.2.People often the old days good times,and seem to forget the hardship they suffered.3.The travelers walked steadily west,pausing to look at a map.4.It seemed that his failure in the exam still .5.The job is great advancement but the staring salary is rather low.6.It seems to me that the manager over the opening of a branch office in South Africa.7.Try to your explanation as simply as possible.8.There were only a limited number of vacancies,so most of the people interviewed had to be .9.My mother allowed me to take the trip,but asked me to the total cost first.10.They have several people because they have no more accommodation.11.You the weather if you spend your holiday in the UK.12.Wealth cannot happiness.13.We are angry with their provocative behavior.14.It took me two hours to how to start the new washing machine.15These letters certainly his mysterious disappearance almost 10 years ago.cational programs should the national plan for economic development.17.Phil looked around the other competitors and his chances of winning.18.The financial help they got from the local government didn’t toward solving the problem.19.Peter’s parents try to him the importance of hard work.20.After the Great Depression(经济大萧条),the world’s economy had been for almost 20 years.plete the following sentences by translating the Chinese into English.Put your answer in the Answer Sheet below.(20 points)1.You’d better do the exercises (正如书上要求的那样).2.Since there is a heavy storm outsides, (我们还不如在宿舍学习).3. (我现在挣得的工资是过去的二倍),but I also take more responsibilities for my work.4. The girl stood there without a word, (她的眼里充满了泪水).5.Scott arrived at the South Pole on January 18th, (结果发现已经有人在他之前到达了那里).6.You could have let me know the change of the schedule, (为什么不给我打电话).7. (随着春节的临近),the family is planning a trip to their hometown.8.If you meet any problem in your study or life, (别犹豫来找我帮忙).9. (虽然他学习有点小困难),Xiao Wang is very active in social activities.10. (没有很大的词汇量),it is hard to have a good commang of English language.IV.Decide whether the following statements are True,False or Not Given according to the texts you have read.Write “T” for True,”F” for False or “NG” for Not Given in the blank that precedes each of the statements.,(30 points)Lesson 2 The Saturday Evening Post___1.When he was very young,Russell Baker’s mother ured him to sell newspapers in order to start early in the business world.___2.Russell was born with a determination to make something of himself.___3.Most of the residents in Rusell’s community were well educated and wealthy people. ___4.Russell’s “A” grading composition convinced his mother that he was sure to be a great writer some day.___5.No matter how hard he tried,it was difficult for Russell to sell all the 30 copies of the newspaper within a week.Lesson 4 Making Friends in American Culture___6.According to the author,if you want to make more friends in America,you should make the first move yourself to start conversation with people around you.___7.One’s work,study,hobbies,sports,current events and etc,are all good topics to start a conversation with people in America.___8.If you want to have further and deeper understanding of American people,you can invite them home to have a dinner together.___9.You can always change topics when you want to keep the conversation longer.___10.When you have been very familiar with your American friends,you can ask more private questions such as their age,income and etc.Lesson 9 A Short Biography of the Long Life of Benjamin Franklin___11.Franklin helped to write the Declaration of Independence and the U.S. Constitution. ___12.Because he was the youngest boy in the family,Franklin received a very good college education,which helped him a lot in his later career.___13.”Poor Richard’s Almanac”is a calendar book.It includes advice for famers and housewives,weather predictions and many wise sayings.___14. Though Franklin kept a very good diplomatic relationship with the French government and people,he had never been in France___15.Fanklin made a lot of money with his inventions and he donated most of the money to the city of Philadelphia.Lesson 16 Leaving the Land of the Blind___16.In the Guiding Eyes for the Blind,guiding dogs are matched with their blind owners according to their characters.___17.The auther was born blind because his mother had had an accident when she was pregnant.___18.Two pedestrians()rescued the author who would almost have been killed by a train in the street.___19.The author had full confidence in Corky,the dog,the very first day they were together.___20.At Grand Central Station,the author got very frightened because a stranger threatened to harm him.Lesson 19 The Titanic___21.The Titanic was the hugest and most luxurious ship at the time and all its passengers were extremely wealthly people.___22.One reason for the tragedy of the Titanic is that it did not get the weather report because it did not have the radio transmitter.___23.Although there were enough lifeboats for everybody,about one third of the passengers did not get the chance to survive because people were in panic and the escape turned out to be a great mess.___24.Afetr the disaster,the Captain of the Titanic was charged with a crime for his overconfidence.___25.Many of the survivors never recovered from the tragedy;some of whom remained single all their life.Lesson 23 A Small Miracle___26.Having attended a friend’s wedding ceremony till late at night,T om Stonehill(hero of the text)was in ahurry to go home that night.___27.When he was about to accelerate,the town sheriff stopped him for speeding.___28.Tom was asked to sign his name and leave his full address before he was allowed to use the men’s room.___29.Mr.Murrow,the dead,had neither family nor relatives,and nobody knew him ini the town.___30.Tom got a great fortune since he was the only person who showed sympathy for Mr.Murrow.。
Business-Law-Questions(参考模板)
D ISCUSSION Q UESTIONS--- SOURCES OF AMERICAN LAW1. If justice is defined as the fair, impartial consideration of opposinginterests, are law and justice the same thing?2. What is the common law? Students may most usefully understand commonlaw to be case law—that is, the body of law derived from judicial decisions.3. What is the supreme law of the land? The U.S. Constitution is thesupreme law of the land. What are statutes? Laws enacted by Congress or a state legislative body. What are ordinances? .4. What is the Uniform Commercial Code?5. Identify and describe remedies available in equity.6. What is the national government’s relation to the states?7. What is the conflict between the states’ police power and the commerceclause?8. What is the distinction between the degrees of regulation that may beimposed on commercial and noncommercial speech?9. What does procedural due process mean?10. What does it mean that under the Fourteenth Amendment a state may not“deny to any pe rson within its jurisdiction the equal protection of the laws”?BUSINESS ETHICS: AN INTRODUCTION1.What is business ethics and why is it important?2.How can business leaders encourage their companies to act ethically?3.How do duty based ethical standards differ from outcome-based ethicalstandards?4.What are six guidelines that an employee can use to evaluate whether hisor her actions are ethical?5.What types of ethical issues might arise in the context of internationalbusiness transactions?DISCUSSION QUESTIONS-- BUSINESS ETHICS: AN INTRODUCTION1. How does a law come to be an expression of an ethical principle?2. What are reasons for unethical business behavior3. In negotiating a business deal, is “strategic misrepresentation”permissible? Do you have to disclose everything?4. Why would a corporation prefer to be seen as ethical?5. Does a company have a duty to act in socially or politically benefi¬cial ways?6. How does a corporation’s investment in a political or social agendaaffect its duty to its shareholders?7. To whom might a corporation owe a duty? A corporation may owe a duty toits shareholders, its employees and their families, its customers, andsociety as a whole. What must a corporation do if it finds itselfsubject to conflicting duties? .8. Because business controls so much wealth and power, what duty does itarguably have to society?9. Do businesses have an ethical duty to use enhanced security measures toprotect confidential customer information? Why or why not?.JUDICIAL REVIEW1. What is judicial review? How and when was the power of judicial reviewestablished?2. Before a court can hear a case, it must have jurisdiction. Over whatmust it have jurisdiction? How are the courts applying traditionaljurisdictional concepts to cases involving Internet transactions?3. What is the difference between a trial court and an appellate court? DISCUSSION QUESTIONS--- JUDICIAL REVIEW1. If a corporation is incorporated in Delaware, has its main office in NewYork, and does business in California, but its president lives inConnecticut, in which state(s) can it be sued?2. Why might a defendant prefer to be sued in one state rather than in another?3. When can a court exercise jurisdiction over a party whose onlyconnection to the jurisdiction is via the Internet?4. Should a plaintiff be required to serve a defendant with a summons and acopy of a complaint more than once? Why or why not?5. What are the advantages of effecting service of process via e-mail?6. When may a federal court hear a case?7. What are the advantages of discovery?8. After a trial, a court issues a judgment that includes a grant of relieffor the plaintiff, but the relief is not as much as the plaintiff wanted.Neither the plaintiff nor the defendant is satisfied with this result. Who can appeal to a higher court?9. What is the principal difference between negotiation and mediation?10. What is arbitration?TORTS: AN INTRODUCTION5. What is a cyber tort, and how are tort theories being applied in cyberspace?DISCUSSION QUESTIONS---TORTS: AN INTRODUCTION1. Which torts protect against the intentional interference with persons?2. What are defenses to charges of assault and battery?3. What is the basis for the tort of defamation? The publication of astatement that holds an individ¬ual up to contempt, ridicule, or hatred.4. What are defenses to charges of wrongful interference with the businessrights of others?5. What is appropriation?6. Which torts protect against the intentional interference with property?Trespass to land.7. Discuss the causation element of negligence.8. What is the basis underlying the defense to negligence of assumption of risk?9. Why are Internet service providers (ISPs) exempt from liability, undersome statutes, for the actions of their customers?INTELLECTUAL PROPERTY1. What is intellectual property?2. Why does the law protect trademarks and patents?3. What laws protects authors’ rights in works they produce?4. What are trade secrets, and what laws offer protection for this form ofintellectual property?5. What steps have been taken to protect intellectual property rights inthe digital age?DISCUSSION QUESTIONS---INTELLECTUAL PROPERTY1. What is a trademark?2. Would the use of a purported trademark solely on a Web site satisfy the“use in commerce” requirement for trademark protection?3. Why is it important to allow those who have applied for trademarkprotection to defend preemptively against the use of the mark by another party?4. What are service, certification, and collective marks?5. What is a trade name?6. Why don’t all software products qualify for patent protection.7. What is a copyright?8. Discuss the fair use doctrine and what factors are considered indetermining whether a use is fair.9. What copyright protection is available for software?10. Why is copyright the most important form of intellectual propertyprotection on the Internet?COMPUTER CRIME1. What distinguishes cyber crime from “traditional” crime?2. How has the internet expanded opportunities for identity theft?3. What are three reasons that cyberstalking may be more commonplace thanphysical stalking?4. What are three major reasons the internet is conducive to juvenile cybercrime?5. How do encryption programs protect digital data from unauthorized access? DISCUSSION QUESTIONS---COMPUTER CRIME1. How might criminal spamming statutes, which are likely to vary among thestates, affect legitimate businesspersons who advertise on the Internet?2. Could probable cause exist to detain a suspect and conduct a search ifthe suspect has multiple e-mail accounts, regularly uses the Internet,is sophisticated with computers, and knows how to protect access topasswords and accounts?3. The recording industry has battled the digital copying of music since itbegan. Initially, the industry simply argued that digital copying wasillegal. But copying continued to proliferate. Civil suits and criminalprosecutions were then pursued against file-sharing services andindividual users. That likewise proved ineffective. What should theindustry do next?4. Suppose that a foreign nation does not prosecute cyber criminals anddoes not cooperate with U.S. authorities to investigate cyber crimesagainst U.S. citizens. What effect might this have on the deterrence or proliferation of cyber crime?5. The media often exposes Web sites that purported to sell tickets tocertain concerts and would accept credit and banking information fromwould-be buyers but did not deliver the tickets. What can consumers do to avoid being duped by such fraud?6. Suppose that a social networking site’s competitor collects the e-mailaddresses of the site’s registered users—which are posted by thesite—and sends unsolicited e-mail ads to those addresses. Is this aviolation of the CAN-SPAM Act?7. What are the steps that the administrator of an information technologysystem or computer network in a business environment might take toprotect against the crimes discussed in this chapter?CONTRACT BASICS1. What is a contract? What is the objective theory of contracts?2. What are the four basic elements necessary to a valid contract?3. What elements are necessary for an effective offer? What are someexamples of nonoffers?4. How do shrink-wrap and click-on agreements differ from other contracts?How have traditional laws been applied to these agreements?5. What is consideration? What is required for consideration to be legallysufficient?DISCUSSION QUESTIONS--- CONTRACT BASICS1. What is the objective theory of contracts?2. What is the difference between express and implied contracts?3. How does a quasi contract differ from an express or an implied-in-factcontract?4. How does a party distinguish between an executed and an executorycontract?5. What are the differences among valid, void, voidable, and unenforceablecontracts?6. Why must a contract have “reasonably definite terms” and how“definite” must the terms b e?7. How do the parties terminate an offer?8. What is unequivocal acceptance?9. In situations requiring the communication of acceptance, when and howmus t acceptance be com¬municated?10. What i s “adequacy of consideration”?CONTRACTUAL CAPACITY1. Does a minor have the capacity to enter into an enforceable contract?What does it mean to disaffirm a contract?2. What is an exculpatory clause? In what circumstances might exculpatoryclauses be enforced? When will they not be enforced?3. In what types of situations might voluntary consent to a contract’sterms be lacking?4. What are the elements of fraudulent misrepresentation?5. What contracts must be in writing to be enforceable?DISCUSSION QUESTIONS--- CONTRACTUAL CAPACITY1. What is a minor’s obligation on disaffirmance?2. What effec t does a minor’s misrepresentation of age have on his or herright to disaffirm?3. Identify and discuss some exceptions to the rule that a court will notenforce an illegal agreement. Members of protected classes.4. What is the legal significance of the difference between a mistake injudgment as to market conditions and a mistake of fact?5. The elements of fraudulent misrepresentation include misrepresentationof a material fact. Discuss this element.6. Why do certain contracts have to be written to be enforceable?7. Explain the one-year rule.8. What is a collateral promise?9. What effect does part performance have on the enforcement of an oralcontract?PRIVITY OF CONTRACT1. What is the difference between an assignment and a delegation?2. What factors indicate that a third party beneficiary is an intendedbeneficiary?3. Under what circumstances is the remedy of rescission and restitutionavailable?4. When do courts grant specific performance as a remedy?5. What is the rationale underlying the doctrine of election of remedies?DISCUSSION QUESTIONS---PRIVITY OF CONTRACT1. What are the factors indicating that a third party beneficiary is anintended benefi¬ciary?2. How do assignments function?3. Discuss the degrees of performance.4. How can a contract be discharged by agreement?5. Discuss impossibility of performance and related concepts.6. For what do compensatory damages compensate?7. What are consequential damages?8. Does an injured party have a duty to mitigate damages?9. Discuss rescission and restitution.10. When may recovery be based on quasi contract?Sales and Leases: Formation, Title, and Risk1. How do Article 2 and Article 2A of the UCC differ? What types oftransactions does each article cover?2. In a sales contract, if an offeree includes additional or differentterms in an acceptance, will a contract result? If so, what happens tothese terms?3. What exceptions to the writing requirements of the Statute of Frauds areprovided in Article 2 and Article 2A of the UCC?4. Risk of loss does not necessarily pass with title. If the parties to acontract do not expressly agree when risk passes and the goods are to be delivered without movement by the seller, when does risk pass?5. What law governs contracts for the international sale of goods? DISCUSSION QUESTIONS---Sales and Leases: Formation, Title, and Risk1. What difference does it make whether UCC Article 2 applies to a contract?2. How does the UCC change the effect of the common law of contractsrega rding the require¬ment of definiteness?3. How do the common law and the UCC differ regarding an offeree’sacceptance that in¬cludes terms in addition to or dif¬ferent from theoffer?4. How do UCC provisions differ from the common law regarding modificationof contracts?5. How do Article 2A’s provisions differ from Article 2’s? Article 2Aapplies to leases of goods.6. What is identification?7. When and where does title pass?8. When does risk of loss pass from seller to buyer?9. Who bears the risk of loss when a contract is breached?10. When does a buyer have an insurable interest in goods?TENDERING DELIVERY1. What are the respective obligations of the parties under a contract for the sale or lease of goods?2. What is the perfect tender rule? What are some important exceptions to this rule that apply to sales and lease contracts?3. What options are available to the nonbreaching party when the other party to a sales or lease contract repudiates the contract prior to the time for performance?4. What remedies are available to a seller or lessor when the buyer or lessee breaches the contract? What remedies are available to a buyer or lessee if the seller or lessor breaches the contract?5. In contracts subject to the UCC, are parties free to limit the remedies available to the nonbreaching party on a breach of contract? If so, in what ways?DISCUSSION QUESTIONS---TENDERING DELIVERY1. What does “good faith” mean under the UCC? .2. What are a seller’s and a buyer’s general obligat ions under a contract within the UCC?3. What are the exceptions to the perfect tender rule?4. What is “anticipatory repudiation”?5. When does a seller have a right to withhold delivery?6. When can a seller reclaim goods?7. When is a seller entitled to recover damages?8. When can a buyer cancel a contract?9. What damages can a buyer recover on a seller’s nondelivery or repudiation?Warranties, Product Liability, and Consumer Law1. What factors determine whether a seller or lessor’s statement constitutes an express warranty or mere puffery?2. What implied warranties arise under the UCC?3. What are the elements of a cause of action in strict product liability?4. What defenses to liability can be raised in a product liability lawsuit?5. What are the major federal statutes providing for consumer protection in credit transactions?DISCUSSION QUESTIONS---Warranties, Product Liability, and Consumer Law1. What is the difference between express warranties and puffery?2. How can implied warranties of merchantability and fitness for aparticular purpose be disclaimed?3. What effect does a buyer’s examination of the goods before contractin ghave on implied warranties?4. When does a cause of action accrue for breach of warranty?5. To avoid liability on a negligence theory in a product liability suit,to what extent must a manufacturer exercise due care?6. Other than imme¬diate sellers and manufacturers, who may b e subject tostrict liability?7. How does a bait-and-switch advertisement work?8. What are some of the tactics that may not be used by collection agenciesto collect debts?9. What are the primary functions and powers of the Consumer ProductsSafety Commission (CPSC)?10. States also offer protection for consumers under the Uniform CommercialCode (UCC) and other statutes. What standard does the UCC provide fordetermining whether a contract is unconscionable?AGENCY RELATIONSHIPS1. What is the difference between an employee and an independent contractor?2. How do agency relationships arise?3. What duties do agents and principals owe to each other?4. When is a principal liable for the agent’s actions? When is the agent liable?5. What are some of the ways in which the agency relationship can beterminated?DISCUSSION QUESTIONS---AGENCY RELATIONSHIPS1. Why is agency law essential to the existence and operation of acorporation? An agent acts for a principal.2. What are some of the factors that can determine whether an individual isconsid¬ered an em¬ployee or an independent contractor?3. What are some other advantages of being an independ¬ent contractor? Whatmight be some disadvantages?4. How is an agency relationship created?5. What are the general duties that agents and principals owe each other6. What effect do a p rincipal’s repr esentations giving apparent authorityto an agent have on the principal’s liability?7. What happens if a principal does not ratify an agent’s unauthorized act?8. Are undisclosed principals and their agents liable under contracts madeby the agents with third parties.9. For purposes of the doctrine of respondeat superior, what are factorsfor determining whether an act is within the scope of employment?10. What notice is required to third par¬t ies when an agency terminates?EMPLOYMENT AT WILL1. What is the employment-at-will doctrine? When and why are exceptions tothis doctrine made?2. What federal statute governs working hours and wages?3. Under the Family and Medical Leave Act of 1993, under what circumstancesmay an employee take family or medical leave?4. What are the two most important federal statutes governing immigrationand employment today?5. Generally, what kind of conduct is prohibited by the Title VII CivilRights Act, as amended?DISCUSSION QUESTIONS---EMPLOYMENT AT WILL1. What are some important provisions of the Fair Labor Standards Act?2. What state and federal statutes protect employees from the risks andeffects of employment-re¬lated in jury, death, or disease, and what isthat protection?3. What protection do employees have from the financial impact ofretirement, disability, death, hospi tal¬ization, and unemployment?4. How does the law protect the privacy of employees?5. Discuss exceptions to the employment-at-will doctrine.6. Why should immigration be permitted?7. Is penalizing employers the best approach to take in attempting to curbillegal immigration?8. What is disparateimpact discrimination and how is it proved?9. What are some defenses available in employment discrimination cases?10. Is it possible to fully protect employees from discrimination in theworkplace?SELECTING A START-UP BUSINESS FORM1. What are some of the major forms of business organization used byentrepreneurs in the United States?2. What advantage and disadvantage are associated with each major businessform?3. Why have limited liability companies and limited liability partnershipscome into widespread use in recent years?4. What is a joint venture? What are some other special businessorganizational forms, and why are they used?5. What is a franchise, and how does a franchising relationship arise?DISCUSSION QUESTIONS---SELECTING A START-UP BUSINESS FORM1. What is an entrepreneur?2. What is the difference between a general partnership and a limitedpartnership?3. When might the shareholders in corporations be personally liable for thedebts of the corporation?4. What is a joint venture?5. What is a syndicate?6. Discuss the principal characteristics of a joint stock company and abusiness trust.7. When might individuals choose to do business as a cooperative?8. Why might the members of an LLC prefer to put the terms of theiroperating agreement in writing?9. What is the difference between an LLC and a limited liabilitypartnership (LLP)? An LLP is similar to an LLC.10. What is a franchise?CORPORATION BASICS1. What steps are involved in bringing a corporation into existence?2. In what circumstances might a court disregard the corporate entity(“pierce the veil”) and hold sharehold ers personally liable?3. What are the duties of corporate directors and officers?4. What is a voting proxy? What is cumulative voting?5. What are the differences between a merger, a consolidation, and a shareexchange?DISCUSSION QUESTIONS---CORPORATION BASICS1. How is corporate income double-taxed?2. What is the difference between common stock and preferred stock?3. Under what circumstances might an employee’s supervisor, or even acorporate officer or director, be held l iable for the employee’s c rime?4. What actions must a director or officer take to avoid liability when acorporation enters into a contract or engages in a transaction in which an officer or director has a material interest?5. What sort of legal protection is offered to directors and officers bythe business judgment rule?6. What are some of the more important powers that may be exercised byshareholders?7. Describe how cumulative voting works.8. Can a shareholder institute an action to dissolve a corporation andliquidate its assets?9. When is a corporation that purchases the assets of another corporationnormally responsible for the liabilities of the selling corporation? 10. What advantages is a company likely to realize from a merger?Investor Protection, Insider Trading, and Corporate Governance1. What is meant by the term securities?2. What are the two major statutes regulating the securities industry?3. What is insider trading? Why is it prohibited?4. What are some of the features of state securities laws?5. What certification requirements does the Sarbanes-Oxley Act impose oncorporate executives?DISCUSSION QUESTIONS--Investor Protection, Insider Trading, &Corporate Governance1. What are securities?2. What are the major responsibilities of the Securities and ExchangeCommission?3. What information must be included in a registration statement prior to asecurity being offered to the public?4. What are some examples of material facts that must be disclosed inconnection with the purchase or sale of a security?5. What is the tipper/tippee theory?6. What is the difference between the traditional theory of insider tradingliability and the misappropriation theory?7. How are securities laws being applied in the online environment?8. Will audit and compensation committees be effective in enhancing thedirectors’ ability to monitor officers’ actions?International Law1. What is the principle of comity and why do courts deciding disputesinvolving a foreign law or judicial decree apply this principle?2. What is the act of state doctrine? In what circumstances is thisdoctrine applied?3. Under the Foreign Sovereign Immunities Act of 1976, on what bases mighta foreign state be considered subject to the jurisdiction of U.S. Courts?4. In what circumstances will U.S. antitrust laws be appliedextraterritoriality?5. Do U.S. laws prohibiting employment discrimination apply in allcircumstances to U.S. employees working for U.S. factories abroad? DISCUSSION QUESTIONS----International Law1. Discuss the principle of comity.2. Discuss the act of state doctrine.3. What is an international business transaction?4. What are choice-of-language, choice-of-forum and choice-of-law clauses?Choice-of-Language Clause.5. Describe some of the events that are typically covered by a forcemajeure clause.6. How does a simple letter of credit work?7. What are the primary methods for resolving international contractualdisputes?8. What is the difference between expropriation and confiscation?9. How does the Sherman Act affect international business?10. Do U.S. discrimination laws apply in foreign countries?（本资料素材和资料部分来自网络，仅供参考。
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BUSINESS LAW—REVIEW FOR FIRST QUIZ·CHAPTER ONE-LEGAL HERITAGE-Define “law”Is a body of rules of action or conduct prescribed by controlling authority, and have binding legal force. Sanctions.-Functions of the law (eight)1. Keeping the peace, which includes making certain activities crimes.2. Shaping moral standards.3. Promoting the social justice4. Maintaining the status quo.5. Facilitating orderly change.6. Facilitating planning7. Providing a basis for compromise.8. Maximizing individual freedom.-Fairness and Flexibility·Fairness is being on testing (social justice)·Flexibility is being on testing (technology)-School of Law·Natural law school-moral theory·Historical school-aggregation of social norms·Analytical school-logic·Sociological school-means to social end·Command school-ruling party·Critical legal studies school-fairness·Law and economics school-market efficiency-History of American law·Based upon English Common law.·English law is divided into three gen eral areas (or courts)-Law Court-Court of Chancery (equity)-Merchant Court (law merchant) though the Merchant Court has been absorbed -Sources of the U.S. law·Constitutions-Federal-State·Treaties-only at the federal level·Codifie d law-Statutes (federal and state)-Ordinances and resolutions (local)·Executive orders·Administrative Regulations (EPA, FDA, etc.)-Sources of law-Judicial Decisions·Judicial decisions provide the judiciary’s interpretation of statutes, ordinances, and regulations.·Judicial decisions also set forth the legal principles used to decide a case. ·Judges and Courts do not make law.-Sources of law-Judiciary Precedent·Precedent is the concept that provides order to the authority of the various courts in the U.S.-It is an “historical” concept-It means that past case decisions guide future decision making.-It also ranks the courts in their authority.-Sources of law-Judiciary Stare Decisis.·Stare Decisis: let the decision stand-Promotes stability in law-Efficiency and predictability are results-Constitutional Issue of Gratz and Grutter·Laws affecting a particular class of people can be made.·The law must further a compelling government interest.·The law must be narrowly tailored.·The law is subject to strict scrutiny.·CHAPTER TWO-Constitutional Law-The Constitution and Bill of Rights·Constitution drafted in 1787 and ratified by the States in 1788.·Serves two major functions:-Creates the three branches of government and allocated power among the branches. -Protects individual rights by limiting the government’s power to restrict those rights·Appendix A, page 629, of your textbook, contains the text of the Constitution and all of its Amendments.-Federalism and Separation of Powers·Federalism: the states and the federal government share power.·Powers delegated to the Federal Government are called “enumerated powers.”·“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”– The Tenth Amendment.-Doctrine of Separation of Powers·Article I: creates and defines the Legislative Branch (the branch that directly represents the people).·Article II: creates and defines the Executive Branch (the Presidency). ·Article III: creates and defines the Judiciary in general, and the Supreme Court, specifically.-Other courts are created by Congress. (Art. III, Sec. 1; Art. I, Sec. 8, Cl.9)-How many Justices does the Constitution allow to sit on the Supreme Court? -Supremacy Clause·Article VI, Section 2 of the Constitution (page 633)·The “preemption doctrine” is the concept of federal law taking precedence overstate and local laws.-Exclusive jurisdiction: where the federal government has explicitly stated that it, alone, regulates certain activities.-Concurrent jurisdiction: where states and local governments can concurrently regulate activities, so long as the state or local law does not conflict with the federal law.-Commerce Clause·“The Congress shall have Power …; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”--Art. I, Sec. 8, Cl. 3 (page 630)· Of all provisions of the Constitution, the Commerce Clause has the greatest impact on business.·Interstate commerce can be regulated by definition –it is commerce among the states.·Intrastate commerce can be regulated since such commerce may have an “effect”on interstate commerce (the “effect on interstate commerce test.” ·States and Local governments can use their “police powers” to regulate both inter- and intrastate business.·Police powers: laws enacted to protect the public health, safety, morals, and general welfare.-Zoning laws; environmental laws; laws governing business entities;property laws.-State laws cannot unduly burden interstate commerce.-Dormant Commerce Clause-Bill of Rights·The first ten amendments to the Constitution, and added in 1791.·The Bill of Right enumerates and guarantees certain fundamental rights of the individual.-14th Amendment·The 14th Amendment, through the “incorporation doctrine,” extends the protections of the people from federal governmental intrusion to include actions of state and local governments, too.·T herefore, at the state and local level, a citizen cannot be denied the “due process of law” when the state acts to take a person’s property, liberty, or life.-Freedom of Speech·First Amendment·Three types of speech-Fully protected: political speech-Limited protected: Offensive Speech and Commercial SpeechSuch speech cannot be forbiddenTime, place, and manner can be regulated·Unprotected Speech: this is speech that can be forbidden. Types of speech that can be forbidden:-Dangerous-Fighting words-Inciting violent or revolutionary overthrow-Defamatory-Child pornography-Obscene·What is “obscene speech?”·“I know it when I see it.”·Test:-Average person would find the speech applies to the prurient interest.-It depicts or described sexual conduct in a patently offensive way.-The work, taken as a whole, lacks serious literary, artistic, political,or scientific value.-Freedom of Religion·Two protections regarding religion·Establishment Clause: the government cannot establish a state religion, nor promote one religion over another.·Free Exercise Clause: Generally prohibits the government from interfering witha person’s practice of their religion. Not an absolute prohibition.-Other Constitutional Clauses·14th Amendment Clauses that impact persons and businesses·Equal Protection Clause·Due Process Clause·Privileges and Immunities Clause-Equal Protection Clause·The state cannot “deny to any person within its jurisdiction the equal protection of the laws.”·Purpose: to prohibit invidious discrimination, though classification of people is not illegal by itself.·Three tests for equal protection cases.·Strict Scrutiny-Used when people are classified using a suspect class (race)-Compelling governmental interest·Intermediate Scrutiny-Used when people are classified using a protected class (age, sex)-Reasonably related to a legitimate governmental purpose.·Rational Basis-Used for all other classifications-Justifiable reason –a “rational basis” for the law-Due Process Clause·No person shall be deprived of life, liberty, or property without due process of law.·Substantive Due Process: a law must be written so that a “reasonable person” could understand and follow it. “Void for vagueness.”·Procedural Due Process: the government must give a person proper notice of an impending action and a hearing before taking action.-Privileges and Immunities Clause·14th Amendment and Article IV of the Constitution·A state cannot pass laws that unduly discriminate in favor of their citizens.。