Federal Subject Matter Jurisdiction

If Samuel sues Terrance and Kirk for intentional infliction of emotional distress (a state tort claim) in federal court. Samuel is a citizen of Washington State; Terrance is a citizen of Oregon and Kirk is a citizen of Oregon. Samuel alleges $75,000 in damages. Terrance moves for dismissal due to l...

ATV Damages and Claims

Phil told Joe, the sole proprietor of Joe's Pre-owned Trucks of Austin, Texas, that he was looking for a used truck that the could purchase for under $1,000. He told Joe that he needed a vehicle that he could use exclusively for towing his boat and trailer the 500 miles between his cabin and the ac...

Form of Business: ABC Hardware

Art, Bill and Chris agreed to start a for-profit hardware store in San Angelo, Texas called ABC Hardware Ltd. They did not file any documents with the Texas Secretary of State, but they did sign a written agreement that states, in its entirety, as follows: "We hereby agree to jointly own and oper...

Texas: Business Entity for a Gifted Ranch

Kim, Jen and Dan were given a ranch just outside Kerrville, Texas. The gift included the cattle, a small stockyard, and a meat processing plant all on the ranch property. Kim, Jen and Dan each want to continue working in their other businesses, but they also want to operate the cattle raising and m...

Hill versus Gateway 2000

Dear Professor, I am struggling with understanding this case having "vacated" and remanded with instructions compelling the Hills to submit their dispute to arbitration. I need a synopsis of proceedings, and although I've dug up alot of great articles (some as long as 26 pages printed), I fea...

Pay Discrimination

Assume an employee was able to make a prima facie case of pay discrimination. The burden has now shifted to the employer to prove that the pay differential was based on one of the legal factors other than sex. The specific fact scenario of the case is up to you; you may use a real life example or a ...

Laws that Protect Consumers

Two examples of laws designed to protect consumers are the Fair Debt Collection Practices Act and the Federal Food, Drug, and Cosmetic Act. What are your thoughts about why legislation is needed to promote fairness or safety for citizens?

Regulation of Internet-Based Commerce

Take a position in which you either defend or contest regulation of Internet-based commerce in the United States. How would you justify your position? Would your position differ relative to regulation of Internet-based commerce globally? Explain.

Employer Instituted Quotas

Employer instituted quotas are: - required by Title VII and Executive Order 11246. - not required by Title VII but are permitted by Executive Order 11246. - not required by Title VII or by Executive Order 11246. - permitted by Title VII but not required by Executive Order 11246.

Legal and Ethical Environment of Business

How would a person make distinction judgments based ethics moral reasoning regulatory system? How rationalize differentiating judgments based underlying in tent a person negligence?

Affirmative actions that affect business

1. Read "Just The Facts". Review the scenario presented as it relates to the case of Taxman v. Board of Education. Although the school was concerned about diversity and took steps to ensure diversity in the business department, were the steps necessary since the amount of African American faculty in...

Law and Ethic

Using the keywords Powell v. MVE Holdings, Inc., 626 N.W.2d 451 (Minn. App. 2001), search the Internet and read the complete case on the Internet. Analyze if a third-party dealing with an agent should have the obligation to ascertain whether the agent is authorized to perform the proposed act? Wh...

Employment Law Scenario

You are the Vice President of Operations for a large company, which occupies three floors of a building in an office park. Last week, Steve, who is in charge of the basement copy room, comes to you and tells you that his psychiatrist has diagnosed him with Anxiety NOS and that due to the adverse ...

Interview Employment Law Scenario

You are the Office Manager for an advertising firm. Your firm has 10 employees, of which four are partners, four are admins for the respective partners, one is the receptionist and the last one is you. The principal partner, whose name is first on the door and who generates the most income for th...

Auditing of Employee Compensation

You are the office manager of a small sales company. There are formally three employees with the company: the owner, the receptionist and you. The company hires part time sales reps who sign a contract stating that they are independent contractors. They are supposed to go door to door and make prepa...

Legal and Regulatory Concepts in Islamic Finance

• What is the difference between law and regulation? • What is the legal definition of money in terms of property? (What about electronic money?) • Which laws affect the activities that financial institutions can undertake? • Should laws govern morality and ethics? • Can regulations be...

Fast Food Workers & Unions

In recent weeks fast food workers, as well as employees at stores like Walmart, have been demonstrating and agitating and in some cases engaging in one-day strikes, as part of a growing campaign to get their employers to increase their hourly rate to one that is considered to be a "living wage." ...

Gender and Family Issues - Title VII and Other Legislations

1. Can customer preference be used to support a restaurant's decision to hire only male waiters? What must an employer demonstrate to justify using gender as a BFOQ for hiring? 2. Must an employer offer paid pregnancy leave for employees under Title VII? How do the Pregnancy Discrimination Act...

ABC Advertising Case Study Analysis

Make sure you answer all parts of each question and provide a detailed legal analysis of your answer. Clearly state the applicable law (ie. statutes such as Title VII and/or cases such as Griggs v. Duke Power) and any assumptions. A. Ms. Riyadh is employed as an account executive with ABC Adve...

Public Sector Labor Relations

1. Analyze the Taylor Law and the Triborough Amendment, and then the public employee labor laws of THREE other states. 2 Compare them to New York's laws. 3. Express your opinion on whether these laws are equitable, necessary, unfair, etc. 4. Answer the question: "How will further limitations on ...

Analyzing a Partnership in Business

Raju and Kamala set up a consultancy firm under the name of Expert Consultancy in June 2000. The partnership agreement clearly stated that the partnership shall remain for ten years period. In December 2010, Kamala took a personal loan amounting to RM100,000 from Bank Business, but failed to pay thr...

Employment Law

Under IRCA verification procedures, may an employer insist that a prospective employee with a foreign accent produce either a certificate of naturalization or an Alien Registration Card? Do you believe OSHA should consider the cost of compliance? If so, and assuming employee injuries and fataliti...

Employment Policies and Union Environments

Compare arbitration in a union environment with arbitration in a non-union environment. Do you think the union arbitration approach provides a fair resolution of employee grievances? Assume that you are in charge of drafting the employer's e-mail policy that intends to permit Employer monitoring ...

Cars-R-Us

Cars-R-Us (Cars) has several truck and car manufacturing plants throughout the United States. All its plants are unionized. Clem, a fervent Seventh Day Adventist, works for Cars in its plant in the Southwest. Because he lacks seniority in his job, he was assigned to the evening shift on the producti...

Law of Hire-Purchase

QUESTION 2: Karim bought a second hand Toyota Hilux from Jamin Baik Sdn Bhd. On 15 January 2012, he signed a hire-purchase agreement for the car with OUR Bank. The hire purchase agreement contained all the standard terms of a hire purchase agreement. Karim started paying the installments since Feb...

Law of Hire-Purchase

QUESTION 1: a) "In simple language, a misrepresentation is a representation that is untrue. It is a false statement made by one party to the contract to the other, before, or at the time of contracting, on which that other party relied on in contracting." Per Abdul Malik Ishak J. in Travelsight (M...

An Unannounced Inspection

SCENARIO # 1: An Unannounced Inspection The Situation: An OSHA inspector arrives at your worksite requesting to talk with you about an inspection based on the health and safety complaints of a worker. You are in your office and the OSHA inspector is at the reception office. You know this worker to ...