Business Law - class closed 5/9/2012 OLD
A. Renting – Click on the link entitled “Rentals” and answer the following questions…
1. If you were considering renting an apartment, what questions do you think you should ask about the apartment’s location?
2. Complete this sentence: Before I move into any apartment, I want to make sure that it...
3. What are some of the advantages of renting today, especially for a young-single.
4. What are some of the advantages / disadvantages of buying a home?
5. Click on the link above that reads “Types of Mortgages” and then explain the difference between a fixed-rate mortgage and an adjustable-rate mortgage.
6. Click on the site that reads “Rentals,” and find an apartment or home rental by punching in all of the necessary information. Tell me how much it is.
B. Negotiables and the Uniform Commercial Code (UCC)—Read the following information on negotiable instruments and the UCC. For each of the five items in the UCC, give a brief explanation of what it is saying (the way you understand it).
1. The instrument must be in writing and must be signed by the maker. Actually signing an instrument in handwriting is not necessary; a signature may be made by printing, stamping, writing, or initialing. The question becomes whether the symbol on the instrument was executed by the party making the instrument with the intention of authenticating the writing. It is not necessary to sign an instrument personally. A principal may designate an agent to sign for him or her. EXPLAIN.
2. The instrument must contain an unconditional promise or order to pay. What appears on the face of the instrument determines its negotiability. If the instrument states that it is subject to or governed by any other agreement, it is not negotiable. If the instrument merely refers to a separate agreement or states that it arises out of such an agreement, it is negotiable. Oral statements do not affect the negotiable character of an instrument. EXPLAIN.
3. The instrument promises to pay a certain, fixed sum of money. If it is possible for the holder to determine the amount payable by examining the instrument itself, the amount payable is certain. If it is necessary to make computations to determine the amount payable, the sum is certain if it can be computed from the instrument itself without any outside source. If the amount payable cannot be determined from the face of the instrument, it is not negotiable. The promise to pay may be stated in foreign currency rather than in dollars. EXPLAIN.
4. The instrument must be payable on demand or at a certain time. An instrument is payable on demand if it is payable at sight, or on presentation, or if it contains no time for payment. It must be paid whenever the holder presents it for payment. To be payable at a certain time, the instrument must state the date on which it is payable. If the instrument is payable only upon an act or event whose occurrence is uncertain, the instrument is not payable at a certain time, even though the act or event has occurred. EXPLAIN.
A. Holder in Due Course – Click on the link entitled “Holder in Due Course” and then read the following case study and answer the questions that follow.
1. Case of the Birthday Check -- Consuelo received a check from Tomas in payment for carpentry work. She endorsed the check in blank and gave it to her daughter, Elisa, as a birthday gift. Elisa endorsed the $100 check with a special endorsement and gave it to Raymond in payment for a digital camera. Raymond endorsed the check in blank and gave it to his son, Cody, as a birthday gift.
1. Was Elisa a holder in due course? Why or why not?
2. Was Raymond a holder in due course? Why or why not?
3. Did Cody have the rights of a holder in due course? Explain your answer.
B. Life Insurance – Review the following insurance policy and click on the link entitled “Life Insurance Basics.” Then answer the questions that follow.
The Contract—This policy and the application are the entire contract. All statements made in the application are representations and not warranties. No statement will be used by Company in defense of a claim or to void this policy unless it appears in the application. Change of Ownership or Beneficiary—Unless you provide otherwise, you may change the owner or beneficiary of this policy during the insured’s lifetime. Changes must be made by written request to Company. Premium Payments—The policy date is the date from which policy months, policy years, policy anniversaries, and premium due dates are determined. The first premium is due on the policy date. Subsequent premiums are due at one-month intervals after the policy date. Premiums are payable at the beginning of each policy month during the lifetime of the insured either at Company’s home office or to an agent of Company. Grace Period—If any premium after the first is not paid on or before its due date, Company will allow a grace period of 31 days. This policy will continue in force during the grace period. If the premium in default is not paid by the end of the grace period, the policy will terminate except as provided in the CASH VALUES AND PAID-UP INSURANCE OPTIONS provisions. If the insured dies during the grace period, Company may deduct any premium in default when determining the proceeds payable. Incontestability—This policy will be incontestable after it has been in force during the insured’s lifetime for two years from its insurance effective date except for non-payment of premiums; and the WAIVER OF PREMIUM and ACCIDENTAL DEATH BENEFIT provisions which have separate incontestability clauses. Misstatement of Age or Sex—If the insured’s age or sex has been misstated, Company will adjust any proceeds payable to the amounts which the premiums paid would have purchased at the correct age and sex. Suicide—If the insured commits suicide, while sane or insane, within two years from the insurance effective date, Company will limit its payment to a refund of the premiums paid, and the policy will terminate as of the date of the insured’s death without further value.
1. What is a premium and what is a beneficiary?
2. May a person change the name of the beneficiary on this policy?
3. What happens if the insured dies during the grace period?
4. When is the policy incontestable?
5. What are two different types of Life Insurance?
6. What risks are inherent in purchasing life insurance? How do you manage those risks?
7. When does it say that the policy is “incontestable?”
8. What if the holder commits suicide? What happens to the money then?
9. What if the holder is not really 45 years old like he said he was?
C. Quiz on Life Insurance -- Click on the link below, select CHAPTER 49 and then click on the tab “Interactive Quiz.” Take the quiz (10 Questions). When you are finished, click on “End Quiz and View Summary.” Then, e-mail it to your teacher.
A. Wills and Trusts
1. According to the link entitled “Crash Course in Wills,” what are some excuses people have for not putting together a will?
2. According to the same page, why do you need a will and what will happen to an individual’s assets if he/she does not have a will upon death?
3. What is an executor of a will? What are their responsibilities?
4. According to the link entitled, “Types of Trusts,” explain the difference between the following types of trusts?
5. What is probate and what happens to the deed or the property when the assets go to probate?
6. How does one set up a living will according to the video entitled, “How to Set Up a Living Will.” What kind of will would you choose?
7. What is more common… an irrevocable will or a revocable will? Why is one so unpopular, according to the video?
8. According to the link with the title “Wills Overview,” what is a testator? A beneficiary? An executor? And what are, as you understand them, intestacy laws?
B. Case Problem --
C. Quiz on Wills and Trusts – Click on the link , select CHAPTER 50 and then click on the tab “Interactive Quiz.” Take the quiz (10 Questions). When you are finished, click on “End Quiz and View Summary.” Then, e-mail it to your teacher.
A. Family Law Terms and Definitions – In order to answer these questions, you may click on the link entitled “Family Law Legal Terms” in order to better know what each means and how it applies to family law. Please fill in the blank or define the term.
1. A type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a married couple and intending to be married is a __________________________
2. An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces is a _______________
3. The legal termination of marriage is a _________________.
4. Define “annulment” using the link above.
5. Define “child support” using the link above.
6. Define “child custody” using the link above.
7. Define the “dissolution” using the link above.
B. Marriage – Use the links in the URL's to answer the following questions
1. Statistics show that teen marriages are more likely to end in divorce than the marriages of older couples. What could be some of the major problem areas for teen newlyweds? What are some of the best reasons for getting married? What are the wrong reasons? What do you think are three of the most important ingredients to a good marriage? Click on the link that reads, “Marriage Rights, Obligations, & Benefits" and give five distinct benefits to getting married according to this article.
2. According to the same article, what are the rights and obligations each spouse has in marriage?
3. Explain in detail what common law marriage is according to the video entitled “Common Law Marriage?”
4. What is an annulment (according to the video entitled “Annulment”) and what are two reasons (according to the text or video) for an annulment of a marriage? Also, how is it different from a divorce?
5. Why would someone want to enter into a prenuptial agreement prior to marriage according to the video above entitled “Prenuptial Agreement?”
C. Divorce –Clicking on the links in the URL's, please respond to the following questions.
1. What is divorce and what are the grounds for divorce today?
2. What are the various types of child custody?
3. How is child support calculated? What factors are taken into consideration?
4. What is alimony and why is it paid to one spouse or another?
5. How are assets divided in a typical divorce according to the video?
6. What is adultery according to the video and what impact might it have on the division of assets or child custody if someone were to commit it thus leading to the divorce?
A. Business Organizations – Click on the links in the URL's and describe the characteristics of the following types of business organizations…
1. sole proprietorship
3. limited partnership
4. limited liability company (LLC)
5. corporation (for-profit)
6. nonprofit corporation (not-for-profit)
8. stockholder (click on link that reads “Stock and Corporations)
2. Business Organizations – Advantages & Disadvantages-- Listed below are the advantages and disadvantages of sole proprietorship, partnership, and incorporation. Identify which advantages and which disadvantages are associated with each form of ownership by placing an S (sole proprietorship), P (partnership), or C (corporation) next to the advantage or disadvantage. You may use the websites to help remind you of the advantages and disadvantages of each.
Greatly expanded financial capacity _____ Continuity of business _____ Ownership flexibility _____ Expanded financial capacity _____ Ease of formation and dissolution _____ Legally separate from its owner _____ All profits retained by owner _____ Unified control of business _____ Limited liability _____ Ease of formation and expansion _____ Partners share losses _____ Profits taxed as owner’s personal income _____ Centralized and specialized management _____ Profits taxed as partners’ personal income _____ Opportunity for close personal contact between owner and customers _____ Economies of larger-scale operation _____ Complementary management skills _____ Ease of transferring ownership _____
Hard to raise capital _____ Unlimited liability of the partners _____ Legally complex to organize _____ Limited stockholder control _____ Business ceases to exist when owner dies or retires _____ May be dissolved by change or death of a partner_____ Owner has unlimited liability _____ Extensive government regulation _____ Owner bears all losses _____ Separation between owners and managers _____ Subject to double taxation and other special taxes _____ Potential for management deficiencies _____ Conflicts among partners _____ Profits divided among partners _____ Complex dissolution _____ Expansion is difficult _____ Disclosure of finances and operations _____
B. Bankruptcy – Click on the two bankruptcy links and respond to the questions that follow…
1. What is bankruptcy exactly?
2. Click on the comparison link between Chapter 7 and 13 and describe in detail the primary differences (give three) between Chapter 7 and Chapter 13 bankruptcy?
3. How are debts repaid in Chapter 13 compared to Chapter 7?
4. For whom is Chapter 11 bankruptcy designed for and give a recent example in the news (Google bankruptcy of major companies) where Chapter 11 was used. There are many.
5. What is the downside (for society) of providing bankruptcy relief? What is the upside?
6. Are there some debts that are non-covered in bankruptcy? If so, what are they? Give at least three examples.
C. Franchising – Click on the link that reads “Franchising” and answer the following questions…
1. List five different franchising categories.
2. Click on a category that is interesting to you and click on your state. Tell me what opportunities are available for franchises in your home state.
3. What are the advantages (according to the website) to franchising? Which of these possible franchising businesses would you choose right now? Explain why.
A. Employment Law – Click on the "A" links to answer the questions below regarding employment law.
1. Click on the link above that says “Employment Law Sing-A-Long.” What does the jingle say the employer could happen if they do not know employment law? List five qualities mentioned in the song that are needed to comply with employment law. Lastly, what does the jingle say the employer should do with documentation to avoid litigation?
2. Give a 75 word summary on the video entitled “Employee Rights Video – Disability Law).” How employees are protected in the state of New Jersey and some of the challenges for the employers to comply with this law.
3. Click on the link above that is entitled “Employee Rights Video (12 Danger Zones).” While watching the video, note at least five laws that are broken as it relates to discrimination in the workplace.
4. Click on the link entitled “Employment and Antidiscrimination Laws” and once there, define/explain at least three of the employment and antidiscrimination laws (be sure to include the ADA and FMLA laws as two of them) that exist to protect citizens from unjustified discrimination.
5. Click on the link above entitled “OSHA” and briefly explain OSHA. Explain what it is, what needs to be done in order to be in compliance, and list some common mistakes that are made that can prove costly for companies.
6. Click on the link that says, “Unemployment” and then explain what unemployment compensation is. Then, list two reasons why someone would qualify for unemployment? List one reason that may mean that one may not qualify for unemployment. According to the article, does one’s unemployment compensation usually equal their wages?
7. Click on the link above entitled “Agency and Employment Law Powerpoint.” Answer the following questions as they related to that powerpoint…
1. Explain, in detail, the differences between justified and unjustified discrimination. Which classes are protected from discrimination? Which are not?
2. What is an agent?
3. Define an employee.
4. Give two ways a principal/agent relationship can be formed?
5. What are the primary duties of agents to the principals? How about the duties of principals to agents?
6. What does it mean to have your wages garnished? What law protects the employee from losing his/her job because of wage garnishment?
7. Describe, as best you can, the collective bargaining agreement and how it benefits both the employee and the employer.
B. Independent Contractors – Click on the “Agency and Employment Law Powerpoint Ch. 11” and answer the following questions…
1. What exactly is an independent contractor?
2. Does the contractor represent the employer? Explain.
3. How is a relationship formed between the employee and the contractor?
4. Explain at least four criteria for determining whether or not someone is an independent contractor.
C. Minors and Employment – Read the information below about employing minors and then answer the questions that follow…
1. Minors must be at least 14 years of age to obtain a work permit. New work permits must be obtained with each change of employment. Minors aged 16 and 17 years old do not have to obtain a work permit during the summer months (when school is not in session), as long as the employer maintains proof of age and a signed statement from the minor’s parent or guardian consenting to the employment of said minor.
Hours of Employment for Minors Aged 14 and 15. When school is in session, the minor may not work before 7:00 A.M. or after 7:00 P.M. They may not work more than three hours on any school day. They may not work more than 18 hours in any school week or 40 hours per week in the summer. 4. They may not work during school hours unless employment is incidental to bona fide vocational training programs. They may not work more than eight hours per day. not in session, there is no limitation as to the starting and ending time, nor is there any limitation in hours per day or week. No minor of any age shall work more than five consecutive hours without a 30-minute uninterrupted break. Said break must be documented.
Occupations Prohibited for All Minors include slaughtering, meat-packing, processing, operation of power-driven slicers; bakery machines; paper product machines; metal forming, punching, or shearing machines; circular/band saws; guillotine shears; and woodworking machines, manufacture of brick, tile, and kindred products, manufacture and storage of chemicals or explosives, or exposure to radioactive and ionizing radiation substances, coal mining and mining other than coal, logging and sawmilling, motor vehicle, railroads, maritime, and longshoreman occupations, excavation, wrecking, demolition, power-driven and hoisting apparatus equipment, roofing occupations
Prohibited for Minors Aged 14 and 15, public messenger services, work in freezers and meat coolers, and preparation of meats for sale (except wrapping, sealing, labeling, weighing, pricing, and stocking).
1. Under these labor laws, can a student under age 16 take a job that requires him or her to work from 5:00 P.M. until 9:00 P.M., Monday through Friday, if school is in session?
2. Can a student over age 16 work from 9:00 P.M. until 11:30 P.M. during the school week?
3. Why do you think certain occupations are prohibited for all minors?
4. Can a minor work as a public messenger and deliver messages to others? Why or why not do you think?
2. Go to the Web site for the Equal Employment and Occupation Commission (EEOC) below. When and how was the commission established? What is the chief purpose of the EEOC? Name five employment discrimination practices that are prohibited by discrimination laws. What steps can you take if an employer discriminates against you?
D. Quiz on Employment Law -- Click on the link below, select CHAPTER 33 and then click on the tab “Interactive Quiz.” Take the quiz (10 Questions). When you are finished, click on “End Quiz and View Summary.” Then, e-mail it to your teacher.
A. Real and Personal Property
1. Read the article in the URL's entitled “Real and Personal Property” and describe the terms “Real Property” and “Personal Property” as you understand them.
2. What are the primary differences between the two properties?
3. What are some of the “gray” areas in these properties (list two examples).
4. Why is it important to know the difference according to this article?
B. Internet & Commerce Law -- So you want to see the world? But where should you go, and how do you get there? Should you take a guided tour or go it alone? Passports? Shots? Money exchange? These are all questions for a travel expert. Click on the Web site entitled “Internet Travel” for a travel agency. Carefully read the material, review the sources, and answer the questions that follow.
1. What is the name and Web site address of the travel agency you found, and which of the agency’s features do you like best?
2. How does the agency describe or present itself?
3. What are some of the destinations or the geographic boundaries of the agency?
4. What would be some of the advantages of having a travel agent arrange a trip for you and are there any disadvantages?
5. If you were to select a place to travel, where would it be and how long would you stay?
6. FINALLY, click on the link for Ebay, the Online Auction. If you were looking to sell your Ipod because you just bought a new one, list a major reason why you would or would not use Ebay to sell it? What are the disadvantages to using a third party site like Ebay to sell a personal item? List three different types of products sold on this site (categories). Have you sold anything on Ebay or KSL? Describe your experience.
C. Negotiable Instruments and Insurance -- Click on the link entitled “Negotiable Instruments” and also click on the “Powerpoint” with the same title and respond to the following questions
1. Define a negotiable instrument.
2. List four examples of negotiable instruments?
3. Explain the various types of endorsement.
4. List at least three types of fraud and give a current example of each.
5. Do a Google search entitled, “Types of Insurable Interest” and tell me what types of insurance are available (auto, life, etc).
6. According to the link entitled “Insurance Premium” above, what is insurance and why is it worth it for us to carry it?
7. Examining the same article, tell me what an insurance premium is and why the premium (cost) may be different based on each person?
8. Click on the link above that is entitled “Insurance Collateral Cosigner” and define the terms “Collateral” and “Cosigner.” List at least three major types of collateral that people use to be able to get a loan.
9. Lastly, why do they say that insurance is “risky” for both the insurer and the insuree?
A. Intellectual Property – Click on the "A" links in the URL's, read them, and respond to the questions below.
- Copyright Laws on Videotaping for Teachers -- What can a teacher record, use, and what needs to happen to be able to use videotapes in the classroom. Also, tell me what common violations of this law are committed in the classroom with regards to video, that you have seen or experienced?
- According to the bulleted rules in the article entitled “Copyright,” what rules apply to copyright in the classroom?
- Explain Permission and the Fair Use Rule as it relates to copyright law?
- What are the four vague factors to consider when examining fair use (according to this article)?
- What is a trademark? Explain.
- When can the owner of a trademark stop someone from using a trademarked property?
- Carefully explain the difference between a patent and a trademark according to the article above.
- In detail, now explain how copyright is different from trademark?
- According to the site above, list the types of trademarks and give an example of each.
- Today, there are a number of laws that have been passed to protect musicians from losing profits with the illegal downloading of music. Explain, in 75 of your own words what the law is in regards to music and video downloads. You may need to research this a little further, but it is important to know.
B. Bailments – Examine the "B" links below (including an online Powerpoint), then respond to the questions that follow.
- Define and explain a bailment? Explain what transfer of title has to do with bailment.
- Tell the difference between the “bailor” and the “bailee?”
- According to the powerpoint presentation , give an example of a kind of bailment based on “reward.”
- What are two primary differences between a sale and a bailment? Give an example of a sale and one for a bailment.
- Outline three duties of the “bailee” and three duties unique to the “bailor.”
- According to the link entitled “Common Carrier” above, what is a “common carrier” and what liability does he/she have for the loss or damage to goods?
- After viewing the video on “Property Liens” above, describe a lien on a property, what affect a lien has on the property holder, and how one goes about filing a lien on a property.
- Define and describe in detail the following terms by clicking on the above link entitled “Property Acquisition and Title Transfer.”
- Title Search
- Abstract of Title
C. Intellectual Property Case Law
Two computer science majors, Steve and Tim, have an idea for a new video game which they want to call “Hallowed 2.” They form a business and begin developing their idea. Several months later, the two run into a problem with their design and consult with a friend, Kerry, who is an expert in designing computer source codes. After the software is completed, but before the game is marketed, a game called “Halo” is released for both the Xbox and Game Cube systems. Halo uses similar source codes and imitates Hallowed 2’s overall look and feel, although many of the features are not alike. Would the name “Hallowed 2” receive copyright protection and based on the information above, could Steve and Tim sue the makers of Halo for copyright infringement? Explain.
A. Consumer Protection Practices -- NOLO Site
- After clicking on the link to the NOLO site, explain what is meant by the term “deceptive pricing.” Give an example.
- After looking at this article, when can one offer gifts with a product?
- How can price reductions be deceptive? Give an example of one you have seen recently.
- John sees an advertisement for a new Blackberry at his local cell phone store for $99. When he gets there, he is told that it is sold out but that the store had plenty of the higher-end Blackberry model for $199. The salesperson pushed John to purchase the more expensive model with its many attractive features. John purchased the product. Did the store engage in unfair consumer practices?
- a. What is the “bait and switch?”
- b. Why is it deceptive and illegal?
- c. Explain why in this particular case (the article link), according to the FTC, the ad was unfair, deceptive, and misleading to the consumer?
- According to the website link, what is the “cooling off” period for door-to-door sales? List two exceptions.
- a. According to the same link, what act protects the consumer when purchasing a product by telephone?
- Give the names and addresses of two Web sites that provide information about consumer protection.
- What is the Bureau of Consumer Protection?
- What functions does the Bureau of Consumer Protection perform?
- Identify two current consumer issues featured on one of the Web sites you located. What products or services are involved?
- What single buying or consumer tip did you personally find most helpful?
- What is the name and Web site address of the agency responsible for consumer protection in your home state?
- What is one of your most recent purchases and was it a product or service?
- Can you think of a product that has not lived up to your expectations? What did you do then?
- Name a product that was defective and you returned it successfully. Was the warranty helpful and how?
- Have you had an electronics purchase go bad recently (like a phone or an ipod)? Did you have a warranty? Did you get an automatic refund?
- Have you ever purchased a product and been deceived? What information would you need to file a complaint with a state or federal agency?
Click on the FTC links and respond to the following questions….
B. Consumer Protection Laws -- Click on the link and then respond to the questions below.
C. PRACTICAL QUESTIONS
A. UNIFORM COMMERCIAL CODE – UCC Click on the following link that explains the Uniform Commercial Code and respond to the questions below.
- What is the UCC?
- Why did the government see a need for the UCC?
- What issues are addressed in the UCC?
B. WARRANTIES -- Click on the following link and then locate responses to the questions regarding warranties.
- What is an expressed warranty?
- How is an implied warranty different from an expressed warranty?
- Give an example of items you have purchased that had an expressed warranty? How about an example of an item you have purchased with an implied warranty?
C. SHOPPING SAFELY ON THE INTERNET
Review the following rules for safe Internet shopping. Then read the following scenarios and rewrite the steps that should have been taken to complete the following transactions.
- Shop with companies you know.
- Keep your password private.
- Pay by credit or charge card.
- Keep a record.
Go to the title URL and select the link to Article 2: Sales. Scroll down under the heading, "PART 4. TITLE, CREDITORS AND GOOD FAITH PURCHASERS," and click on § 2–401, which is titled, “Passing of Title; Reservation of Security; Limited Application of This Section.” Based on the provisions of UCC 2–401, determine when title passes to the buyer in the following hypothetical situations…
- The Dodge’em Company (a manufacturer of fine automobiles) contracts with the Goodtire Company to ship 5,000 tires to its manufacturing plant. The contract explicitly states that title to the tires passes to Dodge’em as soon as the contractual terms are agreed upon and both parties have signed the agreement. If the tires are accidentally destroyed on the way to Dodge’em after the parties have signed the agreement, who owned the tires when they were destroyed?
- Now assume that there were no explicit terms in the Dodge’em-Goodtire contract as to when title would pass. Who owned the tires when they were destroyed?
E. GOODS & SERVICES
- Explain the difference between goods and services.
- List two examples of each that you have consumed in the last two weeks.
- Click on the following link and take the goods/services quiz.