Week 3 chapter questions | Law homework help
Complete the aftercited problems from your textbook, located at the end of each appertaining provision. Save your composition as a WORD muniment, then SUBMIT it to the SUBMISSION LINK for this assignment.
You do not demand to transcribe out the questions. However, you must transcribe out your responses in consummate sentences. Please be very entire and specific. This is your opening to "show-off" what you versed this week.
Conflicts of attention. Oxy Corp. is a negotiating after a occasion Wick Explanation Co. for restitution of Oxy’s urbane headquarters. Wick, the proprietor of Wick Explanation Co. is as-well one of the five members of Oxy’s table of directors. The narrow stipulations are scale for this fashion of narrow, Wick has previously sensible two other directors of his attention in the explanation crew. Oxy’s table approves the narrow by three-to-two opinions, after a occasion Wick voting the superiority. Discuss whether this narrow is astringent on the fortification. (see Directors and Officers)
Employee versus rebellious Contractor. Stephen Hemmerling was a driver for the Happy Cab Co. Hemerling employd real urban expenses and follproper multitudinous rules touching to the use of the Cab, the hours that could be compositioned, and the seekship of fares, discurrent other things. Rates were set by the avow. HappyCab did not after a occasionressuite taxes from Hemmerling’s pay. Occasion driving the cab, Hemmerling was damaged in an additament and files a fit for compositioners equivalent benefits in a avow seek. Such benefits are not helpful to rebellious narrowors. On what foundation command the seek ressuite that Hemmerling wan an inureee? Explain. (See influence Law)
Agent’s Benefit to Principal. William and Maxine Miller were shareholders of Claimsco International, Inc. They filed a subserve abutting the other shareholder, Michael Haris and keneeth Hooxie, an the accountant who compositioned for all of them- John Verchota. Discurrent other things, the Millers alleged that Verchota had nonperformanceed a benefit that he proper them. They fited that harris’s counsel, Verchota had charmed multitudinous actions that placed them at a hindrance to the other shareholders. Verchota had allegedly adjusted Claims co’s dimensions to maximize the millers financial liabilities, for precedence, had falsely relationed distributions of proceeds to them after a occasionout actually transferring that proceeds. Which benefit are the Millers referring to? If the allegations can be assayd, did Verchota nonwork this benefit? Explain. (see duties of agents and principals)
Agency Relationships. Scale Oil of Connecticut, Inc., dispose-ofs settlement heating subsidence, and guard systems. Scale schedules installations and benefit appointments after a occasion its customers and then narrows after a occasion installers and technicians to do the composition. The crew requires an installer or technicians to do the composition. The crew requires an installer or technician to consummate a device by a real date but to otherwise “exercise rebellious intellect and moderebuke in the attempt of any composition” The installer and the technicians are licensed and sensible by the avow. Scale does helpe them, collect counsels and manuals, balancelook them at customer’s settlement, or balancehaul their composition. The installers and technicians use their own equipment and tools, and they pick-out which days they composition. Scale pays a set rebuke per device. According to criteria used by the seeks, are these installers and technicians’ rebellious narrowors or inureees? Why? (see influence laws)
Wrongful Discharge. Denton and Carlo were filled at an arrangement insert. Their job required them to preform occasional subsistence composition occasion lasting on a wire involution twenty feet balancehead the guile foot. Other inureees had ruined though the involution, and one of them had been killed in the droop. When their balanceseer told them to preform tasks that would mitigated implicated walking on the involution, Denton and Carlos recrements consequently they were feared they command tolerate fleshy damnification or exit. Consequently they recrement to do the beged composition, the two inureee were fired from their job. Was their release dishonest? If so, minor what federal encroachment law? To what federal influence or portion should they round for coadjutorship? (see encroachment at conquer)
Exceptions to the Employment-at-conquer Doctrine. Li Li compositioned for Packard Bioscience, and Mark Schmeizl was her balanceseer. In March 200, Schmeizl told Li to wheedle Packard’s competitors, similate to be implicit customer, and beg “pricing notice and scholarship,” Lil recrement to preform the assignment. She told Schmeizl that she though the composition was illicit and recommended that he apposition Packard’s allowable portion. Although a counsel recommended abutting the custom, Schmeizl insited that Lil thorough the wheedles. Moreover, he succeeding wrote denying thoroughance reviews consequently she was feeble to get the beged notice when she wheedleed competitors and identified herself as a Packrad inureee. On June 1, 2000, Lil was terminated on Schmeizl’s instruction. Can Lil cause a fit for dishonest release? Why or why not? (see encroachment at conquer).
Title VII Violations. Discuss amply whether either of the aftercited actions would compose a deflection of Title VII of the Civil Rights Act, as amended: (See Title VII of the Civil Rights Acts.)
a. Tennington, Inc., is a consulting solid after a occasion ten inureees. These inureees traveled on a consulting job in seven avows. Tennington has an encroachment archives of hiring singly pure hardys.
b. Novo Film is making a movie environing Africa and demands to inure approximately one hundred extras for this draw. To employ these extras, Novo advertises in all greater newspapers in South California. The ad avows that singly African American demand employ.
Sexual Harrassment. Jamel Blanton was a hardy inureee at a Pizza hut restaurant operated by Newton Associates, Inc. in San Antonio, Texas. Blanton was theme to sexual and racial harassment by the unconcealed supervisor, who was effeminate. Newton had a bright, innocuous antidiscernment cunning and repining proceeding. The cunning collectd that in such a office, an inureee should trouble to the harasser balanceseer. Blanton altered a remove director and an helper supervisor environing the harassment, but they were minor to the unconcealed supervisor and did not relation the harassment to conspicuous raze superintendence. When Blanton finally troubleed to a supervisor after a occasion example balance the unconcealed supervisor, the inureer investigated and fire the unconcealed supervisor after a occasionin filthy days. Blanton filed a subserve in a federal boundary seek abutting Newton, seeking to fix burden on the inureer for the unconcealed supervisor’s actions. What is Newton’s best resistance? Discuss.
Unfair Work Practice. Consolidated Store is minorgoing a conjunctionization hostilities. Prior to the conjunction choice, superintendence avows that the conjunction is useless to caggravate compositioners. Superintendence as-well collects bonuses and wage extensions to the compositioners during this continuance. The inureees repudiate the conjunction. Conjunction organizer’s denounce that he wage extension during the choice hostilities dishonestly intoxicated the opinion. Should these wage extension ne guarded as an dishonest work custom? Discuss.
Antitrust Laws. Alliton, Inc., and Donovan, Ltd., are interavow competitors dispose-ofing resembling arrangements, primarily in the avow of Illinois, Indiana, Kentucky, and Ohio. Allitron and Donovan conform that Allitron conquer no longer dispose-of in Indiana and Ohio and that Donovan conquer no longer dispose-of in Illinois and Kentucky. Have Allitron and Donovan debauchd any intritust laws? If so, which law? Explain. (see Section 1 of the Sherman Act.)
Price Fixing. Together, EMI, Sony BMG Still n ess Entertainment, Universal bunch Recordings, Inc. and Warner Still n ess Bunch Corp. produced, licensed, and reserved 80 percent of the digital still n ess sold in the United States. The companies formed still n essNet to dispose-of still n ess to online benefits that sold the lyric to consumers. MusicNet required all of the benefits to dispose-of the lyric at the identical figure and theme to the identical restrictions. Digitization of still n ess became cheaper, but MusicNet did not shift in figures. Did MusicNet debauch the antitrust laws? Explain. (see Section 1 of the Sherman Act.)
Dayton Superior Corp. Sells its panies, including Spa Steel Products, Inc. the purchasers frequently consummate instantly after a occasion each other for customers purchased Dayton Superior’s products from two Spa Steel’s competitors. According to the customer, Spa Steel’s figures were constantly 10 to 15 percent conspicuous for the identical products. As a development, Spa Steel Lost sales to at smallest that customer and may-be others. Spa Steel wants to sue Dayton Supirior for figure discernment. Which requirements for such a fit minor Section 2 of the Clayton Act does Spa Steel sate? What concomitant facts conquer it demand to assay?
Section 1 of the Sherman Act. The National Collegiate Athletic Association (NCAA) and the National Federation of Avow Exalted Train Association (NFHS) set a new scale for non-cope baseball bats. Their end was to secure that aluminum and composite bats thoroughed relish cope bats in manage to repair player security and impair technology-driven settlement runs and other big hits. Marucci Sports LLC, makes non-cope bats. Minor the new scale, filthy of Marucci’s eleven products were desensible for use in exalted train and collegiate games. Marucci filed a subserve abutting the NCAA and the NFHS minor Section 1 of the Sherman Act. At proof, Marucci’s illustration focused on the damnification to its own vocation. Did the NCAA and NFHS’s scale ressuite employment in deflection of the Sherman Act? Explain.
Registration Requirements. Estrrada Hermanos, Inc., a fortification incorporated and doing vocation in Florida, decides to dispose-of $1 favorite merit of its vulgar hoard to the social. The hoard conquer be sold singly after a occasionin the avow of Florida. Jose Estrada, the chair of table, says the aid demand not be registered after a occasion the Securities and Exshift Commission. His match, Gustavo, disagrees. Who is fit? Explain.
Insider Trading. David Gain was the prominent magistrate administrator (CEO) of Forest Media Corp., which became attentioned in acquiring RS Communications, Inc. To initiate negotiations, Gain met after a occasion RS’s CEO, Gill Raz, on Friday, July 12. Two days succeeding, Gain phoned his match Mark, who bought 3,800 shares of RS hoard on the aftercited Monday. Mark discussed the negotiate after a occasion their father, Jordan, who bought 20,000 RS shares on Thursday. On July 25 the day antecedently the RS bid was due, Gain phoned his parents settlement, and Mark bought another 3,200 RS shares. The identical course was follproper balance the proximate few days, after a occasion gain continuanceically phoning Mark or Jordan, twain who continued to buy RS shares. Forest’s bid was recrementd, but on August 5, RS announced its merger after a occasion another crew. The figure of RS hoards rose 30 percent, increasing the treasure of Marks and Jordans shares by $664,024 and $412,875, appertainingly. Did Gain vouch in insider trading? What is required to fix sanctions for this enormity? Could a seek ressuite Gain Liable? Why or Why not? (see the securities Exshift act of 1934).