1. (TCO C) A common and strong defense to a claim of injury due to a tort of negligence is “assumption of the risk.” Give an example of this defense in regard to a certain injury. (15 Points) (Points : 15)
Question 2. 2. (TCO B) Beginning in the early 1900s, the federal government and Congress began the creation of administrative agencies, with the first two being the Interstate Commerce Commission (ICC) and the Federal Trade Commission (FTC). Briefly explain the driving force that required the creation of administrative agencies at the federal, state, and local levels. (15 Points) (Points : 15)
Question 3. 3. (TCO F) List and define the four major types of intellectual property. (15 Points) (Points : 15)
Question 4. 4. (TCO I) In Week 2, our course discussed the conflicts on the Internet of Yahoo.com supporting a website by the American Nazi Party, whose promotion of Nazi propaganda and sale of Nazi memorabilia was a direct violation of French government law. Yahoo refused three attempts by the French government to force the website to be taken down on the grounds that this was an exercise of the American Nazi Party’s First Amendment rights.
At virtually the same time, the government of China ordered Google to take down certain website information posted by their customers. Google complied with this demand from the government by taking down or blocking any information identified as offensive by the Chinese, without requesting the approval of their customers. Do you agree with this action by Google? What options besides caving-in were available to Google? What was the long-term effect on Google in China? (15 Points) (Points : 15)
Question 5. 5. (TCO D) Contract law is a very basic and important part of both our everyday life, and the operation of the business world. List and define the three basic elements that are required to form a legally binding contract. (15 Points) (Points : 15)
Question 6. 6. (TCO B) In 2015, a research food store in Dallas, Texas, developed a new type of organic food called Greatstuff that provided low fat, good taste, low calorie content, and was quickly found to provide a number of health type benefits. The demand for the product skyrocketed, and retail sales in the Dallas area alone quickly began to exceed the supply. The Dallas store expanded their local production by acquiring extra components from Colorado, and also contracted with a similar facility in Beaumont, Texas, to produce the Greatstuff organic food. The reputation of the product continued to boom, and even though the production had increased by 1,000 per cent over the initial supply, the retail demand kept the store shelves empty most of the time.
A similar type organic food store out of Chicago approached the original Dallas store, and asked for the formula for Greatstuff, but the Texas owners declined. The supply and retail market continued to boom all over Texas. The owners of the organic food store in Chicago came to Dallas, bought a truck load of Greatstuff and took it back to their facility in Illinois and sold most of it, but also tried unsuccessfully to replicate production. Through some political connections, a number of members of Congress found out about Greatstuff, and applying the Commerce Clause succeeded in passing legislation that was signed by the president to: 1) place a special federal sales tax on Greatstuff, and 2) require the formula for production to be made public. The Dallas developer of Greatstuff sued in federal court in Dallas, contending that Greatstuff had nothing to do with interstate commerce and was not subject to the Commerce Clause.
You (student) should assume the role of an attorney representing the Dallas Organic Food Store in contending that the production and sale of Greatstuff is not subject to the federal legislation generated under the Commerce Clause. As the attorney for Dallas Organic Food Store, what would you argue to support your client's position that the production and sale of Greatstuff is not subject to Federal regulation? Be specific about why Federal law does not apply and why. (25 Points) (Points : 25)
Question 7. 7. (TCO I) Larry R. Smeltzer and Marianne Jennings wrote an article, "Why an International Code of Business Ethics Would Be Good for Business," which was assigned to be read at the beginning of the course. As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read this article and can apply the theories and thoughts from that article to the scenario provided. Feel free to rely on the information you know about the situations (if real) or analogize to one that is real, if you wish. Include in your answer at least two specific concepts from the article, and apply those concepts to your reasoning in your answer. You will be graded on your knowledge of the article as well as the application of ethical theories to international situations.
In 2014, General Motors promoted a woman to President and Chief Executive Officer, and almost immediately she announced the recall of over two million GM vehicles going back as far as 2002 due to faulty ignition switches. Perhaps most importantly, GM has recognized that the ignition switch failure has led to 23 deaths. GM is currently settling these wrongful death claims for an average of $1,000,000. Yes, that sounds like a lot of money, but remember GM clears about $2 Billion in profits each year. Based on the public statements of the new CEO, it is clear that GM was aware of this problem for many years, but avoided the recall to protect its global reputation as the world’s leading auto maker. As the crisis has developed, the new CEO has taken center stage and been willing to accept the blame. She has admitted the problem was ignored and disbelieved as research was conducted.
For this question, think about the facts of General Motors recognition and reputation, and the impact of this recall on their worldwide sales. Due to the loss of lives involved, and other serious injuries to those who were impacted by the ignition malfunction, you must ask the question “Was it worth It?” Also, think about the cost to stockholders, managers, employees, and other stakeholders.
Now think about Smeltzer and Jennings's international code of ethics article. Would an international code of ethics have impacted how this entire General Motors travesty played out in the real world? Would GM have been somehow required to behave differently, which would have protected so many stakeholders from losses? Or, would nothing really have changed? Feel free to argue both sides of this, and include in your answer at least two or three things you would have derived from Smeltzer and Jennings's International Code of Ethics and how that would or wouldn't have impacted the GM recall crisis. Include everything you have learned this session about ethics in the business world. (25.0 points) (Points : 25)
Question 8. 8. (TCO A) Use the fact pattern you received in the above Smeltzer and Jennings's "International Code of Ethics" question to answer this question. Analyze and propose a solution to the problem you received above using the steps of the Regulation School of Social Responsibility. Show the steps, apply the facts, and provide a proposed solution you would suggest. (25.0 points) (Points : 25)
1. (TCO C) A common and strong defense to a claim of injury due to a tort of negligence is “assumption of the risk.” Give an example of this defense in regard to a certain injury. (15 Points) (Points : 15)
2. (TCO C) In the famous “Palsgraph Case” of the 1920s, Mrs. Palsgraph was standing at one end of the platform of the Long Island Railroad. A train was pulling-out at the other end of the platform, and a man with a large box under his arm was running and trying to get up on the train. Two employees of Long Island Railroad were trying to help the man get up on the moving train; a guard on the platform was trying to push the man up on the train, and the conductor on the train was trying to pull the would-be passenger up onto the train. The would-be passenger dropped the box under the wheels of the train; the box was filled with explosives for fireworks, and exploded. The shock of the explosion caused scales at the other end of the platform to fall and injury Mrs. Palsgraph, and she sued the Long Island Railroad for her injuries claiming negligence on the part of their two employees.
1. List and define the five elements that are required to prove a tort of negligence.
2. Do you think the railroad would be liable for negligence in this case?
Question 3. 3. (TCO F) List and define the four major types of intellectual property. (15 Points) (Points : 15)
Question 4 . TCO F. In Midler v. Ford Motor Co., Bette Midler sued Ford for unauthorized appropriation. Explain what appropriation is. Tell me what type of civil claim appropriation is and what a person has to prove to win damages for it. (short answer only)
Question 5. 5. (TCO D) Contract law is a very basic and important part of both our everyday life, and the operation of the business world. List and define the three basic elements that are required to form a legally binding contract. (15 Points) (Points : 15)
Question 6. TCO A. Use the fact pattern you received in the above Marianne Jennings "International Code of Ethics" question to answer this question. Analyze and propose a solution to the problem you received above using the front page of the newspaper method. Show the steps, apply the facts, and provide a proposed solution you would suggest.
Question 7. 7. (TCO I) Larry R. Smeltzer and Marianne Jennings wrote an article, "Why an International Code of Business Ethics Would Be Good for Business," which was assigned to be read at the beginning of the course. As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read this article and can apply the theories and thoughts from that article to the scenario provided. Feel free to rely on the information you know about the situations (if real) or analogize to one that is real, if you wish. Include in your answer at least two specific concepts from the article, and apply those concepts to your reasoning in your answer. You will be graded on your knowledge of the article as well as the application of ethical theories to international situations.
In 2014, General Motors promoted a woman to President and Chief Executive Officer, and almost immediately she announced the recall of over two million GM vehicles going back as far as 2002 due to faulty ignition switches. Perhaps most importantly, GM has recognized that the ignition switch failure has led to 23 deaths. GM is currently settling these wrongful death claims for an average of $1,000,000. Yes, that sounds like a lot of money, but remember GM clears about $2 Billion in profits each year. Based on the public statements of the new CEO, it is clear that GM was aware of this problem for many years, but avoided the recall to protect its global reputation as the world’s leading auto maker. As the crisis has developed, the new CEO has taken center stage and been willing to accept the blame. She has admitted the problem was ignored and disbelieved as research was conducted.
For this question, think about the facts of General Motors recognition and reputation, and the impact of this recall on their worldwide sales. Due to the loss of lives involved, and other serious injuries to those who were impacted by the ignition malfunction, you must ask the question “Was it worth It?” Also, think about the cost to stockholders, managers, employees, and other stakeholders.
Now think about Smeltzer and Jennings's international code of ethics article. Would an international code of ethics have impacted how this entire General Motors travesty played out in the real world? Would GM have been somehow required to behave differently, which would have protected so many stakeholders from losses? Or, would nothing really have changed? Feel free to argue both sides of this, and include in your answer at least two or three things you would have derived from Smeltzer and Jennings's International Code of Ethics and how that would or wouldn't have impacted the GM recall crisis. Include everything you have learned this session about ethics in the business world. (25.0 points) (Points : 25)
Question 8. 8. (TCO A) Use the fact pattern you received in the above Smeltzer and Jennings's "International Code of Ethics" question to answer this question. Analyze and propose a solution to the problem you received above using the steps of the Regulation School of Social Responsibility. Show the steps, apply the facts, and provide a proposed solution you would suggest. (25.0 points) (Points : 25)
1. (TCO C) A common and strong defense to a claim of injury due to a tort of negligence is “assumption of the risk.” Give an example of this defense in regard to a certain injury. (15 Points) (Points : 15)
Question 2. 2. (TCO B) Beginning in the early 1900s, the federal government and Congress began the creation of administrative agencies, with the first two being the Interstate Commerce Commission (ICC) and the Federal Trade Commission (FTC). Briefly explain the driving force that required the creation of administrative agencies at the federal, state, and local levels. (15 Points) (Points : 15)
