Chapter 1 Law and Legal Reasoning N.B.: TYPE indicates that a question is new‚ modified‚ or unchanged‚ as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS 1. Laws and government regulations affect almost all business activities. ANSWER: T PAGES: Section 1 TYPE: N BUSPROG: Analytic AICPA: BB-Legal 2. The U.S. Constitution
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Week 3 IRAC method Aug 18‚ 2014 Week 3 IRAC method Mattel‚ Inc. v. MGA Entertainment‚ Inc. Case No. 11-56357 (9th Cir. Jan. 24‚ 2013) United States Court of Appeals for the Ninth Circuit Facts This was a litigation case between Mattel‚ Inc.‚ the maker of Barbie dolls‚ and MGA Entertainment‚ Inc.‚ the maker of Bratz dolls‚ Mattel stated claims for copyright infringement and misappropriation of trade secrets‚ and MGA stated its own counterclaim misappropriation of trade secrets. The idea
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Chapter 1 Law and Legal Reasoning N.B.: TYPE indicates that a question is new‚ modified‚ or unchanged‚ as follows. N + = A question new to this edition of the Test Bank. A question modified from the previous edition of the Test Bank. A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS B1. Laws and government regulations affect almost all business activities. ANSWER: T BUSPROG: Analytic B2. N PAGE: 4 TYPE: AICPA: BB-Legal + The
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COMMUNITY COLLEGE LEGAL ENVIRONMENT OF BUSINESS INSTRUCTOR: NANCY A. JOHNSON‚ ESQ. PROJECT 1 DUE: ______________ INSTRUCTIONS: 1. Do Not write your name on your exam‚ use your student number 2. Define all legal terms used. 3. Use the IRAC approach to analyze each lawsuit (Issue‚ Rule‚ Argument‚ Conclusion) a. Issue: What is the legal basis for their suit? b. Rule: What is/are the issues rule(s) covering this area? c. Argument Based on the legal rule(s)‚ how will each side argue
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A Question of Jurisdiction Facts Background Main IRAC Plaintiff’s arguments Plaintiff: Asante Technologies Inc. Defendant: PMC‐Sierra‚ Inc. Defendant’s authorized distributor: Unique Technologies Plaintiff’s complaint Plaintiff filed the action in the Superior Court Defendant removed the action to the District Court Plaintiff now requests to remand the action back to the Superior Court ‐>the core issue: jurisdiction
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How to Brief Cases To fully understand the law with respect to business‚ you need to be able to read and understand court decisions. To make this task easier‚ you can use a method of case analysis that is called briefing. There is a fairly standard procedure that you can follow when you “brief” any court case. You must first read the case opinion carefully. When you feel you understand the case‚ you can prepare a brief of it. Although the format of the brief may vary‚ typically it will present the
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court systems Departures from precedent • Public hospitals • Plessey – Dred Scott o What goes into a court´s decision Public policy? Economic theory Precedent? Pressure DECISION MAKING • Using cases as looking at others´ errors • IRAC o Issue o Rule o Application o
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31: Constitutional‚ Contract‚ Criminal‚ Evidence‚ Property and Tort Law 32: List and explain Nash’s‚ Drucker’s‚ Buffet’s‚ Blanchard’s and Peale’s comprehensive approach for resolving ethical dilemma Drucker: “Above all do no harm.” Intentionally making decisions that will not do harm will encourage ethical decision-making. Buffet: front-page-of-the-paper test‚ it supports critical thinking to envision how the decision may look on the front page of a paper before making the final decision.
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Lecture Four – Topic 9 Directors’ Duties 2 Preparation: Read: Jason Harris‚ Anil Hargovan and Michael Adams‚ Australian Corporate Law (LexisNexis‚ 4th ed‚ 2013) Chapters 15‚ 16 Questions/Activities: 1. What is meant by good faith? 2. What are the company’s interests? 3. What are proper purposes? 4. How does a court resolve the purpose for which a power has been exercised where a director has more than one purpose? 5. (Seminar Problem) A tsunami hits
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Diane Espinosa Assg5 1) Memorandum To: Attorney From: Diane Espinosa Re: Could a complaint be dismissed due to failure to state claim upon relief in the state of North Carolina The issue that is presented is can Brad dismiss a claim because of failure to state claim upon relief. North Carolina state defendant motion was to dismiss the plantiff’s amended complaint in the case of Dawson v. Allstate Ins. Co.‚ 106 N.C. App. 691
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