BUSN 420 Final Exam Guide

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BUSN 420 Final Exam Guide

Question 1. 1. (TCO 1) As an assistant in the legal department of a major corporation, your supervisor
has asked you to do some research on how various laws may be applied in an upcoming case. Your
department needs to coordinate with outside counsel and wants to be up to speed on how the law works.
Explain the sources of law in the American legal system. Is our civil law system more or less
advantageous than the common law system? Why is it important to understand all sources of law and
where to find them? Explain your answer with examples in a business context. (Points : 25)
Question 2. 2. (TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva
would like to impose a higher tax on out-of-state companies doing business in the state than it imposes
on in-state companies. The reason behind the legislatures enactment of this law is to protect the local
firms from out-of-state competition because they are losing local business, which is affecting the states
economy. Is this law legal, or is it a violation of equal protection for a state to impose? What legal
standards could the court apply in evaluating the constitutionality of a law and which would apply in this
instance? Explain. (Points : 25)

Question 3. 3. (TCO 3) Create a brief scenario and walk it through the litigation process, beginning with
how to select the proper jurisdiction of a court, and progressing through the basic steps leading to a
resolution of the dispute through appeal. (Points : 25)

Question 4. 4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes
reference to a car Andrea has for sale and Andreas desired price. When Andrea later delivers the car to
Sandy, Sandy returns the car, claiming she does not want the car and that they did not have a contract,
so she is not bound to keep the car. Andrea, however, claims they do have a contract and wants to
enforce said contract for the price of the car. What standard would the court use to determine whether
there is a contract between the parties for the sale of the car? (Points : 25)

Question 5. 5. (TCO 5) There are several distinctions in contract law between the UCC and common law
as it relates to certain principles. As it relates to modification of a contract, how is the UCCs treatment of
this subject different from that of common law? What are the important factors to be considered? Provide
an example that demonstrates the difference. (Points : 25)

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Question 1. 1. (TCO 6) Explain your understanding of administrative law. How would you classify
administrative law from a categorical standpoint as it fits in the context of other areas of law and what
procedures are involved in the administrative process as it pertains to an agencys function and purpose?
(Points : 25)

Question 2. 2. (TCO 7) Smart Corporation began marketing phone in 2002 under the mark Smart. In
2008, Smart.com, Inc., a different company selling different products, such as school supplies and the
like, begins using smart as part of its website URL and registers sMART as its domain name. Can
Smart Corporation stop this use of sMART? If so, what must the company show? Use the scenario
given to explain your answer in this context. (Points : 25)

Question 3. 3. (TCO 8) Your Company, Inc. wants to do business with My Company, LLC. Because our
companies are both savvy, they would like to conduct their business online. What determines the effect
(or lack thereof) of the electronic documents evidencing the parties deal according to the Uniform
Electronic Transactions Act (UETA)? Is a signature from one of the companys a necessary part of the
deal? Explain you answer by elaborating on the scenario with the facts you think are necessary to support
your position. (Points : 25)

Question 4. 4. (TCO 9) Agency law plays a big part in corporate responsibility (and liability). Differentiate
between an employee and an independent contractor. What is the difference and what are the key factors
that must be considered in determining ones status as an employee or independent contractor? Once
status is determined, what affect will it have on the responsibilities of the agent? The principal? Is one
status better than another? Why? Explain your answers using a representative example involving a
principal, an agent, and a situation that would call the agents status into question. (Points : 25)

Question 5. 5. (TCO 10) Tim and Tom are twins. They live and work near the beach and are also partners
in TnT, Inc., a bicycle messenger service. When deliveries are few, especially in the summer, Tom without
telling Tim, rents the extra bicycles to tourists who want to explore the resort area. Because the bicycles
arent being used for deliveries, is it acceptable for Tom to keep the proceeds he receives from renting
leasing the unused bicycles? Explain your answer based on the facts in the scenario in the context of
partnership law. (Points : 25)

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