Saint
MBA535 Module 1 Discussion latest 2016 august
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Module |
What
are the underlying reasons for the law to continue to make distinctions between
real and personal property, intangible and tangible property?
Saint
MBA535 Module 2 Discussion latest 2016 august
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Module |
Under
the common law, from the 1500s until today, the law has allowed past property
owners to place limitations on the uses of real property in the future through
the use of covenants (promises) as set forth in real property deeds as well as
use of the fee defeasible estates (i.e. “To John Doe, so long as the
property is used as a tobacco farm”) and the evolution of zoning statutes
and practice. Thomas Jefferson argued vehemently that no past owner of real
property (dead or alive) should be allowed to restrict a future owner of real
property concerning its present use; however, the Virginia State Legislature
disagreed with him and land use limitation continues today. Jefferson described
this practice as “Allowing the dead to control the lands of the
living.”
Was Jefferson right, or should we maintain the practice of allowing past
property owners to place land use limitations in deeds of lands sold or gifted?
Further, should the government be allowed to determine how a private property
owner uses his/her respective land?
Saint
MBA535 Module 3 Discussion latest 2016 august
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Module |
Consider
the differences between the bilateral contract and the unilateral contract. In
the bilateral contract, we have the offeror willing to exchange a promise for
another promise (“I promise to pay you $1500.00, if you promise to paint
my house on or before Saturday.”). In the unilateral contract, the offeror
is insisting on performance for a promise (“If you complete painting my
house before Saturday, I will pay you $1500.00).
Why does the law make such a distinction and why would a party to a contract
choose one type over another?
Saint
MBA535 Module 4 Discussion latest 2016 august
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Module |
Imagine
that you are at a flea market and you are looking through a table full of old
books or every type. You discover what you believe to be a first edition of
Mark Twains’ Huckleberry Finn, although you are not certain. The price on the
book is $5.00 and you gladly pay it without question. Neither you nor the
seller discuss the book in any way as you purchased the book. Afterwards, you
have the book appraised by an expert antique book export, who informs you that
the book is worth at least $10,000.00.
In this exchange, you have provided $5.00 in consideration for an item worth
circa $10,000.00 when sold in the correct market. Could the flea market
bookseller properly seek to have the sale set aside due to inadequate
consideration? What is the flea market bookseller knew it was an original, but
had no idea of the true worth and thought that $5.00 was a reasonable price?
Will the law consider the issue of adequacy of consideration in this instance?
Saint
MBA535 Module 5 Discussion latest 2016 august
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Module |
You
are an avid collector and painter of watercolors. You enjoy visiting all of the
local and regional art galleries and, routinely, you purchase works of copies
of the masters. One evening, at a local gallery, you make an offer to purchase
what you are told is an autographed print of a locally famous watercolor
artist. The painting is framed in glare-free argon gas glass. You pay $500.00
for the print and glass.
The next evening the gallery director calls you and frantically explains that
you actually purchased an original work by the artist, not the autographed
print you thought you purchased. The original painting, in your possession, is
worth at least $10,000.00. The gallery director asks that you return the
painting, but also informs you that there exists no more autographed prints to
sell to you. When you hesitate to return the painting without receiving at
least the autographed print, the gallery director threatens you by stating that
if you do not return the painting, she will inform all of the art galleries in
the state of your refusal and ask that none of the galleries sell to you in the
future.
In this transaction, how does the law of unilateral and mutual mistake apply.
What about the notion of fraud? The gallery provided you with an express
guarantee of authenticity of the autographed print and frame. Did the gallery
provide what it guaranteed? What about the element of duress? Is the gallery
director potentially liable to the defense of duress if you agree to rescind
the contract and return the painting (and hopefully receive a return of the
monies you paid).
Saint
MBA535 Module 6 Discussion latest 2016 august
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Module |
American
corporations vary in numerous and varied degrees from corporations of other
countries. For example, in Japan, the government limits the highest wages a
corporate officer may receive based as a multiple of what the lowest wage
earner in the corporation receives. At one point, the highest paid employee of
a Japanese corporation could receive only sixty (60) times the wage of the
lowest paid employee of the corporation.
Is this a wise regulation, or does this somehow limit the competitiveness of
Japanese corporations? Do you think that Japanese corporations in general may
be less competitive in the world’s marketplace than American corporations
because of these renumeration (wage) restrictions? What about the common
scenario in which a board of directors in a major corporation chooses to
provide bonuses and/or raises to corporate executive officers despite the
corporation failing to have a profitable year? What about a board providing
bonuses and/or raises to top executives in years in which the corporation was
forced to lay off?
Saint
MBA535 Module 7 Discussion latest 2016 august
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Module |
Second
only to the sole proprietorship, the partnership is among the oldest of
business entities to develop. By the time of the development and implementation
of the English Common Law in the 16th Century, the law of business partnerships
was already highly developed. This was the case despite the fact that a
majority of partnership business owners were illiterate.
In businesses that involve numerous members of the same family, the preferred
business choice of conduct is the partnership. What advantages may occur for
the family members by conducting business in this form? Can you think of any
potential problems that may occur when family members conduct business in the
form of a partnership? Would the other business entities of sole proprietorship
or incorporation fare any better? Explain your reasons.
Saint
MBA535 Module 8 Discussion latest 2016 august
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Module |
What
new and innovative mechanisms, laws, or practices could corporate America put
in place to address the corporate misconduct that we often find in the news?
Can you think of any protective practices that the corporation could include to
better protect against deceptive and destructive business practices of bad
corporate officers?
Saint
MBA535 Module 1 Quiz 1 latest 2016 august
Question 1. Question
:
May a bailment be established without actual delivery and
acceptance of the goods?
Yes
No
Question 2. Question
:
If confusion of property is willful, each party will be
deemed the owner of a proportionate part of the mass.
True
False
Question 3. Question
:
One who purchases property from a bailee ordinarily gets
good title.
True
False
Question 4. Question
:
The bailee in a mutual-benefit bailment must take reasonable
care of the bailed property.
True
False
Question 5. Question
:
The person who temporarily gives up possession of personal
property to another.
Accession
Bailee
Bailment
Bailor
Pawn
Pledge
Question 6. Question
:
When the bailment is for the sole benefit of the bailor, may
the bailee receive the benefits of ownership during the bailment?
Yes
No
Saint
MBA535 Module 2 Quiz 2 latest 2016 august
1. Question :
A right to nonexclusive or
intermittent use of land:
Adverse Possession
Community property
Easement
Joint tenancy
License
Partition
Question 2. Question :
Does an affirmative covenant
obligate the person receiving the property to do something?
Yes
No
Question 3. Question :
When more than one person
owns land, each has the right to use and possess it.
True False
Question 4. Question :
If a husband and wife living
in a community property state divorce, all their property is divided equally
between them, regardless of when obtained.
True False
Question 5. Question :
A temporary, personal right
to do certain acts on land, but not to have any lawful claim concerning the
land.
Adverse Possession
Community property
Easement
Joint tenancy
Question 6. Question :
In a joint tenancy, if one
owner dies, the survivors own the entire property free of any interest of the
deceased.
True False
Saint MBA535 Module 3 Quiz 3 latest 2016 august
1. Question :
A voidable
contract:
Must be in writing.
May be rejected by both parties.
Gives one party the choice to abide by it or
reject it.
Is never effective.
Question 2. Question :
Only the
promisor needs to supply consideration to have an enforceable contract.
True
False
Question 3. Question :
When a
contract is required to be sealed, no substitute for an actual seal may be
used.
True
False
Question 4. Question :
An offer can
be accepted:
In any manner the person receiving it chooses
to accept it.
By putting a properly mailed acceptance in a
mailbox.
Only by the same means by which the offer was
communicated.
By fax only if it is received by fax.
Question 5. Question :
When an offer
is made:
It can be accepted within ten days.
In no state can it be revoked when it is
contained in a sealed writing.
It can be revoked even if the offeror has
promised to keep it open.
It may be revoked only at the end of three
months.
Question 6. Question :
A sales
letter is an offer if:
The wording is such as to indicate that the
writer is merely trying to evoke an offer on certain terms.
It is a circular sales letter.
It is an advertisement.
It is a personal sales letter containing an
offer.
Saint MBA535 Module 4 Quiz 4 latest 2016 august
1. Question :
If a minor
does not still have possession of property received under a contract, the
contract cannot be disaffirmed.
True
False
Question 2. Question :
If Agnes
agrees to give $1,000 to her college:
This does not require consideration.
She receives consideration from the college.
The agreement requires all the elements of any
other contract.
The agreement meets all the technical
requirements of ordinary contracts.
Question 3. Question :
Silence never
ratifies a minor’s contracts.
True
False
Question 4. Question :
The fact that
a contract is foolish and would not have been entered into by the party if
sober is sufficient to make the contract voidable.
True
False
Question 5. Question :
May a minor
ratify a contract at any time?
Yes
No
Question 6. Question :
May an adult
recover compensation from a minor who disaffirms a contract and returns
property in damaged condition?
Yes
No
Saint MBA535 Module 5 Quiz 5 latest 2016 august
1. Question :
A mistake as
to the terms of the contract does not affect the validity of a written
contract.
True
False
Question 2. Question :
In order to
establish fraud to invalidate a contract:
A false statement could be made recklessly
rather than intentionally.
One party must make a false statement.
The person making the false statement need not
intend to induce the innocent party to act.
A party must actually do something or take
steps to cause a fraud.
Question 3. Question :
When there is
a unilateral mistake the mistaken party never can obtain legal relief.
True
False
Question 4. Question :
A mutual
mistake as to value, quality, or price:
Invalidates only executory contracts.
Does not affect the validity of a contract.
Is not a risk assumed by the parties to a
contract.
Invalidates all contracts.
Question 5. Question :
In order to
establish that a contract was executed as a result of undue influence:
Threats to harm a person must be proven.
Threats to harm a person or property must be
proven.
Force must have been used.
One party must have been helpless in the hands
of the other.
Question 6. Question :
A false
statement of a material fact.
Active fraud
Fraud in the Execution
Fraud in the Inducement
Misrepresentation
Passive fraud
Undue Influence
Saint MBA535 Module 6 Quiz 6 latest 2016 august
1. Question :
A partnership
can only be formed to run a lawful business.
True
False
Question 2. Question :
A partner who
is unknown to the public as a partner and takes no part in the management of
the business.
Dormant partner
General Partner
Nominal partner
Secret partner
Silent partner
Trading partner
Question 3. Question :
Are all partnership
decisions made by majority vote?
Yes
No
Question 4. Question :
There are no
formalities to existing and operating as a sole proprietorship.
True
False
Question 5. Question :
The purpose
of Fictitious Name tration Statutes is to collect tax.
True
False
Question 6. Question :
A partner who
takes no active part in the management of the business, but might be known to
the public as a partner.
Dormant partner
General Partner
Nominal partner
Secret partner
Silent partner
Trading partner
Saint MBA535 Module 7 Quiz 7 latest 2016 august
1. Question :
Means by
which a partnership relation is immediately changed upon the happening of a
specified event.
Acts of the parties
Alienation
Dissolution
Futility
Operation of law
Winding up
Question 2. Question :
When a
partner engages in misconduct prejudicial to the successful continuance of the
partnership business, a court may order dissolution.
True
False
Question 3. Question :
A partner may
withdraw from a partnership at any time without liability.
True
False
Question 4. Question :
All partners
must agree when the date for dissolution of the partnership is changed.
True
False
Question 5. Question :
Dissolution
prevents the performance of existing contracts.
True
False
Question 6. Question :
May the
remaining partners decide whether a partner has the capacity to continue as a
partner?
Yes
No
Saint MBA535 Module 8 Quiz 8 latest 2016 august
1. Question :
The right to
purchase shares of stock at a set price.
Capital stock
Cumulative preferred stock
Par-value stock
Participating preferred stock
Stock option
Treasury stock
Question 2. Question :
Stock to
which a face value has been assigned and that has this value printed on the
stock.
Capital stock
Cumulative preferred stock
Par-value stock
Participating preferred stock
Stock option
Treasury stock
Question 3. Question :
A corporation
may declare a stock dividend even if the corporation has no surplus.
True
False
Question 4. Question :
The
Securities Act of 1933 does not apply to the issuance of securities under $5
million.
True
False
Question 5. Question :
When a broker
holds stock for which certificates have not been issued, the broker can
transfer the stock at the written direction of the owner.
True
False
Question 6. Question :
Stock that
shares with common stock in any extra dividends.
Capital stock
Cumulative preferred stock
Par-value stock
Participating preferred stock
Stock option
Treasury stock
Saint MBA535 Module 1 Essay Exam 1 latest 2016 august
|
1. Question Question 2. Question : What Question 3. Question : How Question 4. Question : Set Question 5. Question : Define Question 6. Question : Must Question 7. Question : How |
Saint MBA535 Module 2 Essay Exam 2 latest 2016 august
1. Question :
What items
must be included in either type of deed?
Question 2. Question :
In what
manner does the tenancy by entirety differ from the tenancy in common?
Question 3. Question :
How does the
quitclaim deed differ from the general warranty deed?
Question 4. Question :
How does the
legal notion of tenancy in common function?
Question 5. Question :
How is real
property transferred?
Question 6. Question :
How does real
property differ from personal property and what distinguishes real property?
Question 7. Question :
How does a
deed of trust differ from a mortgage?
Saint MBA535 Module 3 Essay Exam 3 latest 2016 august
1. Question :
How does a
valid offer to contract differ from an invitation to make offers or enter into
a contract? What are the requirements of the legally sufficient offer?
Question 2. Question :
Describe in
detail the process of rule-making for agencies.
Question 3. Question :
The bilateral
contract consists of the exchange of mutually binding promises made by each of
the parties where BOTH parties become bound immediately upon the exchange of
the promises. How does the unilateral contract work and at what point are both
parties considered bound by the contract?
Question 4. Question :
In the United
States, most business regulation is governed directly by Federal and State
Agencies. Why is this the case? Why do agencies exist at all? What types of activities
are these agencies involved in and what powers of enforcement do they have
generally?
Question 5. Question :
Set forth the
five minimum requirements for the legally recognized business contract.
Question 6. Question :
Distinguish
the valid contract, void agreement and voidable contract. Next, clarify the
demarcation between the express and implied contract. Finally, in what manner
does the formal contract differ from the simple contract, and executory
contract from the executed contract?
Question 7. Question :
How long do
valid offers remain in effect and what are the options to the offeree?
Saint MBA535 Module 4 Essay Exam 4 latest 2016 august
Question 1. Question :
Define
promissory estoppel and explain how this may serve as an exception to the
normal consideration requirement imposed on each of the parties. Give an
example of promissory estoppel.
Question 2. Question :
How may
mental incompetence affect whether each of the parties to a contract are bound?
Question 3. Question :
What is the
legal theory of consideration in contracts? Is the issue of the adequacy of
consideration ever an issue in contract law? Must both parties provide
consideration for a contract to be formed?
Question 4. Question :
What is the
legal notion of the disaffirmance of a contract by a minor and how does this
work?
Question 5. Question :
If an adult
chooses to contract with a minor, are there any actions that the adult can
insist upon to make the contract more binding?
Question 6. Question :
Is a partial
payment of a debt on a prior contract considered consideration? What
constitutes invalid or insufficient consideration?
Question 7. Question :
May a minor
contract with an adult? If so, what type of contract will be formed and how
will it impact each of the parties? Do any exceptions exist?
Saint MBA535 Module 5 Essay Exam 5 latest 2016 august
Question 1. Question :
Explain the
Parole Evidence Rule and describe how it may be applied.
Question 2. Question :
What
contracts are specifically required to be in writing under the Statute of
Frauds?
Question 3. Question :
Define
“Unilateral Mistake” and “Mutual Mistake.” Compare and
contrast each. When may each justify invalidating a contract?
Question 4. Question :
What is Undue
Influence and how may it affect a contract?
Question 5. Question :
Distinguish
Fraud in the Inducement and Fraud in the Execution. Further, explain the
fundamental aspects of Active Fraud, Passive Fraud and Innocent
Misrepresentation.
Question 6. Question :
Define
Physical Duress, Emotional Duress and Economic duress. Describe when duress of
each type may be allowed to cause the contract to become voidable.
Saint MBA535 Module 6 Essay Exam 6 latest 2016 august
1. Question :
Distinguish
between the two primary types of negotiable instruments, the promissory note
and the draft.
Question 2. Question :
Do all
partnerships require a written partnership agreement? What duties and rights
belong to the individual partnership owners?
Question 3. Question :
What are the
primary forms of checks?
Question 4. Question :
What are the
fundamental distinctions of the general partnership and the limited liability
partnerships?
Question 5. Question :
What are the
five primary forms of notes?
Question 6. Question :
How is the
sole proprietorship formed? What legal requirements, if any, must be met, such
as licensing, registration, etc. in order to initiate a sole proprietorship?
What are the primary advantages and disadvantages of the sole proprietorship?
Question 7. Question :
Describe the
differences between the corporate business entity and that of the partnerships
and sole proprietorship.
Saint MBA535 Module 7 Essay Exam 7 latest 2016 august
1. Question :
Define and
distinguish the public corporation, the private not-for-profit corporation and
the private for Profit Corporation
Question 2. Question :
What are the
articles of incorporation?
Question 3. Question :
What powers
of agency may a promoter have in the formation of the corporation and what limitations
of powers may exist? What is an agency relationship and who are the parties to
that relationship?
Question 4. Question :
What act or
actions could result in the automatic dissolution of a partnership? What was
the common law rule on partnerships’ dissolution and how has it been somewhat
modified by the Revised Uniform Partnership Act? Are all partnerships still
terminated automatically upon any act of refusing to be associated with a
partnership?
Question 5. Question :
If
dissolution occurs, how is the former partnership to proceed? What is the
winding up period?
Question 6. Question :
Under what
circumstances would partnership dissolution occur?
Question 7. Question :
How is the
private for-profit company formed?
Saint MBA535 Module 8 Essay Exam 8 latest 2016 august
Question 1. Question :
Distinguish
between common stock and preferred stock.
Question 2. Question :
Consider and
propose how this course may assist you in further applying the Saint Leo
University core values of Responsible Stewardship and Personal Development into
your personal life outside of your livelihood.
Question 3. Question :
Explain in
your own words how what you have learned in this course that will help you to
integrate the Saint Leo University core values of Responsible Stewardship and
Integrity into your professional business life.
Question 4. Question :
What is a
stock option and how does such an option operate?
Question 5. Question :
Explain the
notion of the Quorum and its impact upon the voting actions of the
shareholders.
Question 6. Question :
How is
ownership of for-profit corporations obtained and recognized by law?
Question 7. Question :
How is a
stockholder’s meeting conducted and what are the basic ground rules?
Saint MBA535 Module 4 Case Brief 1 latest 2016 august
MBA535: Case
Brief Guidelines and Rubric
How and Why to Brief a Law Case
Purpose
The purpose
of reading in the practice of law is different from the purpose of reading in
many other disciplines. In law, you read not just to familiarize yourself with
someone else’s ideas but to be able to use the information to answer a
question. This requires understanding judicial opinions in depth and being able
to use the information in a number of cases to formulate an answer to a new question.
Therefore, passively reading cases is not sufficient; you must deconstruct the
opinion into its component parts and state those components in your own words
and in an easily accessible format. Then the information is at hand for you to
apply to a new set of facts.
Briefing a
case requires you to put the material into your own words. To do this, you have
to understand it. Underlining text does not require you to understand it.
Moreover, briefing a case reduces the volume of material so you can find what
you need. Underlining does not accomplish this goal either.
Assignment
You will complete two Case Briefs as
follows and submit each to the Dropbox no later than Sunday 11:59 PM
EST/EDTof the module in which it is due. (Each Dropbox basket is linked to
Turnitin.)
Details for each Case Brief are
located within Modules 4 and 8.
Instructions
Every lawyer briefs cases differently.
A case brief generally consists of a series of topic headings with the specific
information from the case under each heading. Most case briefs contain similar
information but the headings and their sequence may be different. Some
professors have a preferred briefing format. You are only required to follow
the general format as set forth below.
The following is adapted from A Practical
Guide to Legal Writing and Legal Method (Dernbach, et al., 2007).
- Case
name:Include
the full citation, including the date of the opinion, for futurereference
and citation. An example would be as follows: State v. Holloran,
140 NH 563 (1995). Refer to Bluebook to determine the correct name for the
case.
- Pincites:Include pinpoint cites (cites to
a particular page in the case) throughout thecase brief so you can
find material again quickly within a case.
- Procedural
History:What
happened to the case before it arrived in this court? If it is anappellate
case, list the decisions made by the lower court(s) and note what decision
is being reviewed (e.g., jury verdict, summary judgment). You may need to
look up procedural phrases with which you are unfamiliar.
- Facts:Include only the facts that were
relevant to the court’s decision. You are unlikely
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