MGMT 520 Midterm Exam 31.(TCO B).
Infuriated when Harry Reid is re-elected during the 2010 fall election,
the Republican National Committee decides to take matters
into its own hands. In 2011, the House of Representatives passes
a new “Freedom isn’t Free Act” that requires that anyone who
wants to vote in the 2012 presidential election must prove that they paid at
least $200 in federal income tax in the past year, including people aged 18
(who typically are deducted on their parents’ returns and do not pay income
tax). ……….The law sunsets on December 31, 2012. List two bases under
which someone impacted by this law could argue to have the law overturned.
(Points : 15)

2. (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) (Points : 15)

3.(TCO
C)
One summer, David Baxter and his wife, Melissa, were on their new
boat with another couple, tubing on the Mississippi river. David
and the other couple had been drinking all day,
“about seven or eight beers each and some Crown
Royal,” although Melissa wasn’t drinking due to being pregnant. ……….

“CAUTION: Deck areas and swim platform are slippery when wet. Passengers
must be careful when passing through companionway to prevent accidental
slipping or tripping. Passengers should wear adequate deck shoes at all times
to prevent accidental slipping. Passengers must stay off swim platform while underway
to prevent falling overboard.”

No warnings existed, however, in view of the passengers on the boat.

(25 points) What potential legal theories of recovery can and should
Melissa allege against the following parties (provide support for your answer)?

I. The boat manufacturer
II. The boat seller
III. The coast guard

(15 points) What legal theories of defense can and should each of the
above three parties use? Provide support for your answer. (Points : 40)

4. (TCO D): (This is a fictional scenario.) Billy Joel decided he
wanted to learn to play the violin for his next set of concerts. He called a
violin salesman in New York and asked if he had any for sale. The salesman
stated he had a Stradivarius and a Guarnerius (two famous brands of violins)
and offered to sell them to Billy for $80,000 and $24,000,
respectively…………. She gave him a bill of sale that she wrote out
on a note pad on the counter, which said, “Paid in full. Strativarus
and Granruius violans. $65,000. Chk # 4301 Billy Joel. Salesperson: Margaret
Madoff.” The notepad was one she had brought home from their last vacation
to Las Vegas and was from The Flamingo hotel there. Billy took home the violins
and proceeded to learn to play, albeit very poorly…………

He
wants to countersue the salesman and asks you on what basis can he do so. Using
contract, agency, and any other legal concepts you have learned this session,
on what bases can Billy sue the salesman and his wife? What defenses will they
have? Do you think Billy can recover? Further, will Margaret’s husband (his
name is Bernard) be able to collect against Billy for the difference in
price from the original deal? Explain your answer fully as to the
why’s, wherefore’s, and why not’s for both parties. Use bullet points and
“issue spotting” to assist you in your answer.
(Points : 40)

5.(TCO I). Marianne Jennings wrote an article, “Why an
International Code of Ethics would be good,” 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 Marianne’s article and can apply
her 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 another one, if you wish. Include in your answer at least two specific
concepts from Marianne’s 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…………………

Evaluate,
analyze, and synthesize your answer using everything you have learned this
session about ethics, law, politics, and business.
(Points
: 40)

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 Laura Nash method. Show
the steps, apply the facts, and provide a proposed solution you would suggest.
(Points : 40)1.(TCO B).
Infuriated when Harry Reid is re-elected during the 2010 fall election,
the Republican National Committee decides to take matters
into its own hands. In 2011, the House of Representatives passes
a new “Freedom isn’t Free Act” that requires that anyone who
wants to vote in the 2012 presidential election must prove that they paid at
least $200 in federal income tax in the past year, including people aged 18
(who typically are deducted on their parents’ returns and do not pay income
tax). ……….The law sunsets on December 31, 2012. List two bases under
which someone impacted by this law could argue to have the law overturned.
(Points : 15)2. (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) (Points : 15)3.(TCO
C)
One summer, David Baxter and his wife, Melissa, were on their new
boat with another couple, tubing on the Mississippi river. David
and the other couple had been drinking all day,
“about seven or eight beers each and some Crown
Royal,” although Melissa wasn’t drinking due to being pregnant. ……….
“CAUTION: Deck areas and swim platform are slippery when wet. Passengers
must be careful when passing through companionway to prevent accidental
slipping or tripping. Passengers should wear adequate deck shoes at all times
to prevent accidental slipping. Passengers must stay off swim platform while underway
to prevent falling overboard.”

No warnings existed, however, in view of the passengers on the boat.

(25 points) What potential legal theories of recovery can and should
Melissa allege against the following parties (provide support for your answer)?

I. The boat manufacturer
II. The boat seller
III. The coast guard

(15 points) What legal theories of defense can and should each of the
above three parties use? Provide support for your answer. (Points : 40)4. (TCO D): (This is a fictional scenario.) Billy Joel decided he
wanted to learn to play the violin for his next set of concerts. He called a
violin salesman in New York and asked if he had any for sale. The salesman
stated he had a Stradivarius and a Guarnerius (two famous brands of violins)
and offered to sell them to Billy for $80,000 and $24,000,
respectively…………. She gave him a bill of sale that she wrote out
on a note pad on the counter, which said, “Paid in full. Strativarus
and Granruius violans. $65,000. Chk # 4301 Billy Joel. Salesperson: Margaret
Madoff.” The notepad was one she had brought home from their last vacation
to Las Vegas and was from The Flamingo hotel there. Billy took home the violins
and proceeded to learn to play, albeit very poorly…………He
wants to countersue the salesman and asks you on what basis can he do so. Using
contract, agency, and any other legal concepts you have learned this session,
on what bases can Billy sue the salesman and his wife? What defenses will they
have? Do you think Billy can recover? Further, will Margaret’s husband (his
name is Bernard) be able to collect against Billy for the difference in
price from the original deal? Explain your answer fully as to the
why’s, wherefore’s, and why not’s for both parties. Use bullet points and
“issue spotting” to assist you in your answer.(Points : 40)5.(TCO I). Marianne Jennings wrote an article, “Why an
International Code of Ethics would be good,” 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 Marianne’s article and can apply
her 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 another one, if you wish. Include in your answer at least two specific
concepts from Marianne’s 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…………………
Evaluate,
analyze, and synthesize your answer using everything you have learned this
session about ethics, law, politics, and business.(Points
: 40)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 Laura Nash method. Show
the steps, apply the facts, and provide a proposed solution you would suggest.
(Points : 40)