Business Law

User Generated

NFQ77

Business Finance

Description

Please answer questions on attached file

Please be clear and detailed

No plagiarism

Unformatted Attachment Preview

BUSINESS LAW – BUAD 381 FINAL EXAMINATION – OPEN BOOK 5 points each question. QUESTION NO. 1: True or False – An employer is responsible for any and all actions taken by an employee within the scope of employment. QUESTION NO. 2: True or False – In the Circuit Court, the only way that a party may obtain documents in discovery is by filing a request for production of documents upon an opposing party. QUESTION NO. 3: True or False – In a contract, an integration clause is use to preclude the admissibility of extrinsic evidence. QUESTION NO. 4: True or False – A civil defendant is sued to determine their guilt or innocence. QUESTION NO. 5: True or False – Anybody can file a lawsuit and anybody can be sued. QUESTION NO. 6: True or False – A motion for summary judgment can only be filed at the close of discovery. QUESTION NO. 7: True or False – The purpose of discovery is that the parties do not proceed to trial in a confused or muddled state of mind. QUESTION NO. 8: True or False – A Plaintiff’s burden of proof is clear and convincing evidence standard and not a preponderance of the evidence standard. QUESTION NO. 9: True or False – All appeals of final judgments in the Circuit Court go directly to the Maryland Court of Appeals QUESTION NO. 10: True or False – If a civil case begins in a Maryland state court, it can not end up in the United States Supreme Court. QUESTION NO. 11: True or False – A defendant is not allowed to seek damages from a plaintiff. QUESTION NO. 12: True or False – A defendant has been properly served when they are served with a copy of the Complaint. QUESTION NO. 13: True or False – A civil trial has 12 jurors that must make a unanimous decision. QUESTION NO. 14: True or False – A plaintiff can only receive attorney’s fees in a contract case when there is a clause in the contract. QUESTION NO. 15: True or False – A party is not liable for a contract breach unless the breach is material. BONUS QUESTIONS (25 points each): QUESTION NO. 1: FACTS: Carl Lucas is an at-will employee at POP’s Barbershop, LLC. Pops is the sole owner of the barbershop and employs Kay, J.B. and Wally. Cordell Stokes is the owner of Uptown Distributors, LLC. During their workday at POP’s, Kay, J.B. and Wally take the company van to pick up distribution items (50 boxes) for POP’s from Uptown Distributors, LLC. While picking up boxes for POP’s they also intentionally take 50 boxes of merchandise that belonged to Manny Martinez and accidentally took 50 boxes of merchandise from another customer, Misty. You have been hired to represent the legal interests of Cordell Stokes? What actions do you take on Mr. Stokes behalf and against whom? What if you were hired to represent POP’s? What actions would you take on his behalf and against whom? What if you were hired to represent Misty? What actions would you take on her behalf and against whom? QUESTION NO. 2: On Monday, February 1, after a seven-day snow storm compiling up to 18 inches of snow, Tyson took his daughter, Tiana, age 7, to her elementary school in Baltimore City. Because of the number of days that it snowed, the only areas that were plowed were the roads, parking lots and some, but not all sidewalks. As did most parents that drove their children to school, Tyson parked in the school parking lot and walked Tiana to the school building using the sidewalk. While walking Tiana on the sidewalk, she ran away from him to play in the snow pile near the door’s entrance where other students were playing and building snowmen. Tyson chased after Tiana and slipped and fell on black ice on the sidewalk, fracturing his hip. USE IRAC for this scenario. QUESTION NO. 3: On Saturday, August 20th, John and Jeff purchased a food truck delivery truck for their recently started business from an auto auction in Pennsylvania. The name of their business was AB’s Food Delivery, Inc., which operates in Baltimore, Maryland. The truck was an older model white truck with no markings on the side; and because they just purchased the vehicle, they only had temporary tags. While driving from Pennsylvania to Maryland, it started to rain heavily and they were forced to the side of a road near Hunt Valley, Maryland because the windshield wipers on the van were inoperable. Thus, John and Jeff sat in the van waiting for the rain to cease. About 30 minutes prior to John and Jeff pulling over, an older white van that was reported stolen was used in an armed robbery of a bank in Baltimore, Maryland. There were 4 masked men involved in the robbery and during the escape from the bank, the armed security guard was shot in the head by the robbers. The white van was reported as last being seen headed north towards Pennsylvania. A dispatch was sent to all law enforcement officers. Officer Johnson received the dispatch and he, as were all other officers, were on the lookout for a white van with 4 masked men. While driving in the heavy rain, Officer Johnson observed the white van that John and Jeff were in pulled over on the side of the road. Officer Johnson initially drove by the vehicle and attempted to look into the vehicle and saw two people not wearing masks sitting in the front two seats. Officer Johnson could see nothing else. Officer Johnson circled back and pulled up about 50 feet behind the van. John and Jeff did not see Officer Johnson pull up behind them. In fact, both John and Jeff had fallen asleep in the van. Officer Johnson called for back-up officers by stating “possible suspect van” located; and then approached the van. When Officer Johnson walked up to the passenger’s side of the window, he tapped on the passenger’s side window with his gun drawn, which startled John, who was seated in the passenger seat. Officer Johnson instructed John to step out of the vehicle with his hands up, which John did. Officer Johnson then instructed conducted a pat-down of John for weapons and found nothing but about $5000,00 in cash rolled up in John’s back pocket in a rubber band. Officer Johnson then instructed Jeff to step across the passenger’s side of the vehicle to exit on the passenger’s side of the van. As Officer Johnson was instructing Jeff to exit, Officer Arrington pulled up and observed Officer Johnson instructing Jeff to exit. Officer Arrington pulled his weapon out and approached the location where Jeff was exiting the van. As Jeff was exiting the van, he tripped over a tool in the passenger side and fell forward towards Officer Johnson. Officer Arrington immediately shot Jeff five times in the chest. Jeff died instantly. USE IRAC for this scenario.
Purchase answer to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

Attached.

Running head: BUSINESS LAW

1

Business Law Examination
Name:
Affiliation:
November 28, 2017

BUSINESS LAW

2
Business Law Examination

Question 1
An employer is responsible for any and all action taken by the employee within the scope of
employment. True.
Under the legal doctrine the employer is responsible for the actions of the employee.
However, it is only so when the employee is acting within the scope of employment. The
reason is to hold the employers accountable for the costs of doing business.
Question 2
In the circuit court, the only way that a party may obtain documents in discovery is by filling
a request for production of documents upon an opposing party. False
This is because a circuit court is a court that sits in more than one place and has jurisdiction
and sometimes with appellate decision. So they have records and one can obtain the
documents from the registry by filling a request form.
Question 3
In a contract, an integration clause is used to preclude the admissibility of extrinsic evidence.
True
It was common law before that you could not introduce a

Question 4
A civil defendant is sued to determine their guilt or innocence False
A civil defendant is sued to determine whether they are liable or not and also to what extent,
they are also not to be incarcerated.
Question 5
Anybody can file a lawsuit and anybody can be sued True

BUSINESS LAW

3

Anyone can file a lawsuit but there are several factors to consider because lawsuits are
expensive and it does not necessarily mean that you will win.
Question 6
A motion for summary judgment can only be filed at the close of discovery False
The court can grant summar...


Anonymous
Really great stuff, couldn't ask for more.

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Related Tags