...Week 2 Knowledge Check Study Guide Concepts Intentional business related torts Negligence torts Strict liability torts White collar crimes 100% 100% 67% 100% Mastery Questions 1 2 3 Score: 11 / 12 4 5 6 7 8 9 10 11 12 Concept: Intentional business related torts Mastery 100% Questions 1 2 3 1. Identify the true statement about a claim of defamation. A. A statement must have the ability to hurt the reputation of an individual in order to qualify as defamatory. B. A statement does not have to be heard by a third party in order to qualify as defamatory. C. An unkind statement made against a profession as a whole is also considered defamatory. D. A statement should be based on pure opinion to qualify as defamatory. Correct: The Correct Answer is: A. In a defamation case, the plaintiff must prove that the defamatory statement was heard or seen by a third party and that the statement had the ability to hurt the reputation of the plaintiff. 2. Who among the following is given absolute privilege or immunity against defamation? A. Journalists while covering the news B. Employers while recruiting new employees C. Business owners during press conferences D. Congress members during congressional debates Correct: The Correct Answer is: D. The members of Congress have absolute privilege against defamation for statements made during congressional debates. This immunity was given through the “speech and debate clause.” 3. ...
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..... 7 The Federal Office of Topography (SwissTopo) ........................................................................................ 8 SwissTopo Gallery ..................................................................................................................................... 9 Leica Geosystems .................................................................................................................................... 10 Leica Gallery ............................................................................................................................................ 11 Swiss Federal Institute of Technology .................................................................................................... 12 ETH Gallery...
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...Stolen Childhood 1 Stolen Childhood Jessica McCrory ETH/321 Beverly Spencer January 18, 2015 Stolen Childhood 2 Stolen Childhood Children as agricultural laborers in the United States, in Beetsville, TX children as young as 6 are required to work long hours in the fields. These children are work fourteen hours a day sometimes seven days a week to help their parents with the planting and harvesting. Farm worker youth have a four times the national rate of dropping out of school. To these children this is just a way of life and all they know. As of now the way the Child Labor Laws are written there are no laws that protect the children who are in the agricultural field children can legally work on...
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...Ethical Dilemma Ani Angel Gharibian ETH/321 Monday, August 8th , 2015 Mark Barnes Ethical Dilemma The video I chose features a former DEA agent Patrick Moen, who has quit his career with the DEA and joined a Washington (St.) based “private equity firm that invests in cannabis” Video, 2014). As demonstrated in the video, the media has not been kind to Mr. Moen, making him the start of an ethical controversy, but it has not changed his mind. The legalization of marijuana has effected Mr. Moen’s business decisions in the most drastic manner, opening up more opportunities and taking him in a whole new direction. The Role of Law in Business Since the legalization of marijuana in the state of Washington, former agent Moen has chosen to apply his expertise in the very industry he had spent his entire career fighting against (Video, 2014). He states in his interview that he does not see anything more for himself in the DEA office and believes that he has a much more promising future in support of the cannabis industry (Video, 2014). The role of law in this specific ethical dilemma is absolutely deciding. If cannabis was not legalized in the state of Washington, Mr. Moen wouldn’t have had the legal opportunity to change his nature of business. Although there has been much controversial attention brought towards his specific move from DEA to cannabis industry, there has also been a lot of support. As Mr. Moen mentions in his interview, many of...
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...Workplace Vulgar Language as a form of Sexual Harassment ETH 321/Ethical and Legal Topics in Business Lisa Pollock Valentine Castillo September 14, 2015 Workplace Vulgar Language as a form of Sexual Harassment The possible defenses in the case could be that the words that were being used in C.H. Robinson which were considered vulgar were just non-specified gender words which are general vulgarities words commonly used in various workplaces. One can speak swear words like s…t and f…k which are not unlawful. The words can also be used while cracking jokes and not specified for a given gender. Defense may also argue that the words were being used even before Reeves was employed in the company hence they are common terms used in the company. The company can also defend the use of the terms/words by indicating that it was not gender specific since the terms can be used to refer to any gender in local languages. However, the court ruling was based on gender specificity of the words used such as b…ch, c..t and w…re. The words and conducts of the speakers were directed towards the female gender which created a hostile and abusive workplace environment for a reasonable person. According to Oppenheimer (2014), the verbal conducts that creates hostile environment at the workplace have been prohibited by the Supreme Court through interpretation of the Title VII of Civil Rights Act of 1964. When the conduct or the acts of an individual in the workplace is adequately pervasive...
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...Elements of a Contract Ika Michelle Webb ETH/321 October 24, 2014 Laurie Wicker Elements of a Contract It is often difficult to fully understand that status of a person’s mental capacity. There are times when mental faculties are easily identified as being non present, but other’s in such cases as early onset dementia or Alzheimer’s, that a person who is not overly familiar with the person with the mental defect, that they are unaware of any issues. In this instance, Jack was unaware of the fact that the widow was experiencing the early symptoms of Alzheimer’s and made an offer he knew wasn’t completely fair, but still had his offer accepted. Although Jack was unaware of her pre-existing condition, when her daughter came to get the china, was denied, and subsequently sent notice to him, Jack should return the china. Therefore, Jack should have no need for an attorney. There was not a valid contract when the china was purchase for $150.00. The reason that a valid contract was not created was because of the fact that the widow was experiencing early symptoms of Alzheimer’s disease. Regardless of the fact that Jack had no knowledge of this, she was not in the right state of mind to fully assess the exact terms of the contract; likely, her Alzheimer’s made her unaware of the true worth of the china, not her age, or the fact that Jack knew how much he could make off of the china if sold in his store or elsewhere. The daughter’s suit will likely be successful because of...
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...Elements of a Contract Name ETH/321 Date Instructor Elements of a Contract It is often difficult to fully understand that status of a person’s mental capacity. There are times when mental faculties are easily identified as being non present, but other’s in such cases as early onset dementia or Alzheimer’s, that a person who is not overly familiar with the person with the mental defect, that they are unaware of any issues. In this instance, Jack was unaware of the fact that the widow was experiencing the early symptoms of Alzheimer’s and made an offer he knew wasn’t completely fair, but still had his offer accepted. Although Jack was unaware of her pre-existing condition, when her daughter came to get the china, was denied, and subsequently sent notice to him, Jack should return the china. Therefore, Jack should have no need for an attorney. There was not a valid contract when the china was purchase for $150.00. The reason that a valid contract was not created was because of the fact that the widow was experiencing early symptoms of Alzheimer’s disease. Regardless of the fact that Jack had no knowledge of this, she was not in the right state of mind to fully assess the exact terms of the contract; likely, her Alzheimer’s made her unaware of the true worth of the china, not her age, or the fact that Jack knew how much he could make off of the china if sold in his store or elsewhere. The daughter’s suit will likely be successful because of the fact that her mother was...
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...Elements of a Contract ETH/321 July 27, 2015 Professor A Contract A contract is defined as an agreement that creates obligations that are enforceable by law. Elements of a contract include mutual assent, consideration, legality and capacity (Legal Information Institute, 2015). Jack has to decide whether to engage an attorney. What would you advise? In this particular case I would advise Jack not to involve an attorney. The elderly lady that he entered into an agreement with is showing signs of early Alzheimers. This in itself would cause concern in a judge’s eyes. A person can only enter into a contract if they have contractual capability which means that they must understand the terms associated with the contract (Business dictionary, 2015). If the elderly lady didn’t have the capacity to fully understand the contract due to her deteriorating condition then it is unlikely that a judge would rule in Jack’s favor. A judge is not able to create an agreement for both parties. This fact being stated, the parties involved have no true agreement surrounding the terms of the contract so it is likely that the contract would be voided. Was there a valid contract when Jack purchased the china for $150.00? Why or why not? Did Jack's superior knowledge prevent formation of a contract? How might the widow's age or possible medical condition affect contract formation? A valid contract did exist during the period of sale and exchange since both parties had come to an agreement on...
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...Corporate Executive Criminal Conviction Ricaviannca Weissenberg ETH/321 July 13,2015 Christine Benway Corporate Executive Criminal Conviction Enron, an American energy company based in Texas, was named by Fortune as “America’s Most Innovative Company” for six years in a row, with revenues of approximately $111 billion. However in 2001, Sherron Watkins, Enron’s finance executive, discussed her concerns about the company’s financial and accounting irregularities with its CEO, Kenneth Lay but was later asked to ignore the issue along with its auditor, Arthur Andersen. Andersen, who was later convicted, turned the other cheek while Watkins, “the whistle blower”, did not. In the same year, the “Enron scandal” was born. The scandal was disclosed to the public and has become, since then, the epitome of corruption and corporate fraud. Additionally, Enron was cited as “the biggest audit failure” ever. The former Enron CEO along with four Merrill Lynch & Corporation directors were convicted by a jury for accounting fraud while Arthur Andersen was found guilty in a U.S. District Court for illegally destroying documents related to the investigation. Moreover, the court found them guilty of hiding billions of dollars in debt from failed projects and deals along with willful fraudulent behaviors. Ethics Greed is not illegal but it can drive a corporation to commit wrongful doings and eventually crimes. The driving factor...
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...Business Torts and Ethics Christine Henry ETH/321 November 16, 2015 Karen Hutchins Business Torts and Ethics When running and operating a business, there are a variety of aspects that owners and mangers must be knowledgeable about. Normal everyday business routines and operations are certainly a part of the business but more importantly they must also be educated about the laws that may relate or affect the business each day. In the incident that occurred at University Heights Apartments, questions arose on where the responsibility lies, with the owner or the intruder. The responsibility is weighted legally as damages incurred. The manner, in which the owner handled the University Heights Apartments, is ultimately a reflection of the type of business ethic conducted within the business. By understanding the tort and ethics, this will enable light to be shed on the situation during the aftermath. Intruder In this particular case, given the intruder is clearly the liable person for all the damages and injuries that occurred. The intruder was the one that chose to commit a crime and break into Sharon’s apartment. The intruder may have never intended to commit assault and battery, but did so during the commission of the break in. On the night of the incident the intruder gained access to Sharon’s ground floor apartment by damaging the locks of her...
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...Ethical Dilemma Alycia Hargett ETH/321 University of Phoenix Kevin Spiering Ethical dilemmas are situations in which there is a choice to be made between two options, neither of which resolves the situation in an ethically acceptable fashion. In most cases there is a conflict of moral imperatives in which you would have to make a decision that could cause a negative impact to one party as the result of obeying the other party. Ellen Hoen, pharmaceutical law expert, told the story of Nelson Otwama a Kenyan social scientist and his 3 year old son who both contracted HIV in 2002. Nelson immediately went to get treatment for the disease but was told that the cost for the treatment was $12,000.00. This made it impossible for Nelson to get the treatment he needed to live with the disease. While people in North America and Europe were living healthy lives with HIV, Nelson was not rich enough to get treatment. Antiretroviral drugs or ARV’s cost about 12,000.00 per patient per year and the patents on those drugs were held by Western pharmaceutical companies that did not want to make the patents available. Since the patents did not exist everywhere there was an opportunity for Indian pharmaceutical companies to start to produce generic versions of the ARV’s at low costs and made them available. Within a year the price of ARV’s came down from $10,000.00 to $350.00 per patient per year. As of today those same ARV’s are 60.00 per patient per year. Making the ARV’s...
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...The Analysis of Law and Courts in Today’s Business Environment Tabitha Merkow ETH 321 10/13/2014 Laurie Wicker The Analysis of Law and Courts in Today’s Business Environment In today’s business environment there is no exact definition of law. Law is a set of rules, standards and principles that outlines the behavior we practice in business. The legal system is a major institution that assists us in defining acceptable social behavior. Laws limit the activities that are not in the best interest of the public. All people have different values and desire different things in life laws act as a way to dispute resolution. Laws play a role in maintaining honesty and integrity in a social environment. The legal system is a tool used to implement changes in acceptable behavior. Laws and courts have many purposes in today’s business environment for example consumer protection, employee protection, environmental protection, and taxation. The laws government enacts are a way to enforce rules. The government’s role in business is to protect consumers from bad business practices by enforcing rules, regulations and laws that the businesses have to go by if they want to practice business. The government is also responsible for protecting the employees that work for these businesses by making sure they provide a safe work environment and that they are protected against discrimination. The environment has to be protected from...
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...The Role and Functions of Law Alice Richardson ETH/321 January 11, 2015 Laurie Wicker The Role and Functions of Law Michigan Court Structure vs Federal Court State courts are established by a state and Federal courts are established under the US constitution, they are defined mainly by jurisdiction. The court structures in the state of Michigan and the Federal Courts structure are almost the same. The Supreme Court is the highest for both the state and Federal Courts, and right below that is the court of appeals. Next is where the difference begins, the state of Michigan lower courts consist District Court, Probate Court and Municipal Court -if a case in one of these courts leads to a jury trial it is the moved to a higher court, which is the Circuit Court (Court Statistics Project). Then there is the Court of Claims which is the same level as the Circuit Court, the only difference is that the Court of Claims do not handle jury trials. In the Federal Courts right below the Court of Appeal is the U.S. District Courts (i.e. Bankruptcy Courts, U.S. Court of International Trade, U.S. Court of Federal Claims) and then Military Courts (American Government, 2008-2014). Judicial Review The concept of judicial review is to decide whether actions of the executive and legislative branch are legal under the Constitution. Judicial review is important in the US government because it serves as a check on the other branches of government. The Supreme Court also has used judicial review...
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...Role and Functions of Law Paper Shante’ Simms ETH/321 May 11, 2015 University of Phoenix Role and Functions of Law Paper Federal courts and Florida state courts systems are similar in some ways, but also very different in many ways. Both systems function with specific process of order, and a chain of command to adhere to. Neither the Federal Court nor Florida Court has seniority over the Constitutional Laws that our Country has in place. Federal Vs Florida The federal courts consist of a three part structure that combines the Supreme Courts, the Courts of Appeal, and the District Courts. The Supreme Court is the highest level court in the federal court system, with nine justices ("Florida Supreme Court ", n.d.). The Supreme Court’s original jurisdiction is limited over some cases, but appeals jurisdiction through certiorari process. The Courts of Appeal is considered the medium level courts in the federal system, including twelve regional circuit courts. The Courts of Appeal is specifically appellate court and does not have an original jurisdiction because of that. The District Courts are the lowest level courts in the federal system, combining a total of ninety four judicial districts over fifty states and territories. These lower level courts have no appellate jurisdiction, but have original jurisdiction over most cases. The Supreme Court is the highest level court for Florida as well, only containing seven justices. The Supreme...
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...Business Torts and Ethics Paper ETH/321 October 5, 2015 Mauri Hawkins Business Torts and Ethics Paper Generally speaking, an intruder who invades other people’s premises is considered to have surrendered their rights. This means that the occupants have a right to defend themselves through whatever means they consider to be ‘reasonable force’. At times, the use of deadly force is justifiable, especially when the intruder causes (or is even believed to have the intention to cause) bodily harm. The bottom-line is that the owners/occupants of the premises in question are allowed to do anything within their power, as long as their actions are not grossly disproportionate (Clarke, 2012; Medsger, 2014). It is relatively easy to argue the case against the intruder. In this case, the intruder is evidently liable for the harm and the loss incurred. In most of the states and even internationally, the law regard the people defending themselves as potential witnesses, and not as potential offenders. Sharon and Darryl acted reasonably, and this would still have been the argument bad they knocked this burglar out cold. Nonetheless, it would be wrong to, say, stick a knife or even continue hitting the intruder after he has obviously been neutralized. The intruder is liable, and Sharon and Darryl are potential witnesses (Sennewald & Christman, 2011). Landlord’s Responsibility In most of the states, the landlords are required to protect the tenants as much as possible...
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