Business Law Question

Attached the document that contains 16 questions for quiz. Please answer them full answers.

Quiz _ Business Law For Technical Professionals
– 16 questions please answer them in clear and reasonable way.
– No words limit for each question BUT full and correct answer is required.
Q1: Explain the difference between and relationship of a statute/ law and an administrative
regulation.
Q2: Describe the difference between a common law claim in trespass from one in negligence by
explaining the elements of each cause of action.
Q3: Describe the role of precedent in judicial decision-making, the doctrine known as state
decisis. Do all decisions or orders of judges create precedent governed by the doctrine?
Q4: Name two laws aimed controlling or reducing anti-competition actions by large corporations
and provide a brief description of the restrictions imposed on businesses by the laws and how
they are enforced.
Q5: Is there a constitutional power which prevents an individual state from exempting wine
produced and sold in the state from a tax which that state imposes on wine imported from other
states and sold in that state? If so, identify and describe it.
Q6: A multinational marketing communications group, the MC Group, formed in the U.S. with
headquarters in NYC and London and registered to trade on the NY Stock Exchange acquired the
controlling interest in small, localized agencies in India, China and South America over a five-year
period. By 2018 the MC Group operated in 112 countries and employed approximately 100,000
people over 3,000 locations and sourced 86% of its revenue from 10 companies and 88% of its
revenue was from operations in 20 countries. Ignoring the known corruption and fraud risks
inherent in the acquisitions, the MC Group failed to adopt and follow internal accounting controls
to co-ordinate its legal and internal audit departments. As a result, the MC Group failed to
respond to or correct signs of corruption and control failures at some of a number of the newly
acquired companies. For example, the MC Group received several anonymous complaints
alleging bribery schemes related to its India subsidiary’s marketing efforts. The India Subsidiary
fabricated an advertising campaign to create an off-the-books fund at a third-party agency and
the funds were used to compensate local officials in two states in India for awarding campaigns
to the India subsidiary.
The anti-bribery provisions of the FCPA, Section 30A of the Exchange Act, make it unlawful for
any issuer with a class of securities or any employee or agent of such issuer, to make use of the
mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer,
payment, promise to pay, or authorization of the payment of any money, or offer, gift or promise
to give anything of value to any foreign official for purposes of influencing any act or decision of
such foreign official in his official capacity in order to assist such issuer in obtaining or retaining
business for or with any person. 15 U.S.C. § 78dd-1.
Apply the IRAC method of legal reasoning to decide whether the conduct of the MC Group
violated the Exchange Act Section 30A.
Q7: Tricktruck and Utah Trucks sign a contract in California, where Tricktruck’s headquarters are
located, for truck accessories made by a Tricktruck manufacturing facility in Colorado to be
delivered to Utah Trucks assembly facility in Salt Lake to be attached to trucks which are
delivered throughout Utah for sale in Utah Trucks showrooms. Tricktruck delivers accessories to
the Utah Trucks headquarters which do not meet the specifications set out in the contract. Utah
Trucks rejects them and has them shipped back to Tricktruck in California. Utah Trucks asks you
to sue Tricktruck for breach of contract seeking damages and specific performance, in state court,
not federal court. The contract specifies that any lawsuit to enforce the contract must be filed in
California; it includes no reference to the state law which will apply. What state law applies and in
what state does the suit need to be filed?
Q8: Roxy is employed as a manager at “com.com,” an Internet-based company attempting to
compete successfully in the highly competitive software development industry. Roxy is
concerned that one of her employees, Randy, is not performing at an acceptable level. While
Roxy has noticed that Randy spends considerable time using the computer at his workstation, his
productivity is lacking. Roxy suspects Randy is using the company’s e-mail system for personal
use instead of working on company business. Is Roxy permitted to monitor Randy’s email?
Q9: Bon, located in Florida, desires to enter into a contract with Jon, a resident of Maine. Neither
wishes to meet face-to-face, as both are busy with a variety of business interests. Instead, they
wish to form a contract over the Internet. Would a contract formed over the Internet be valid?
Q10: Louise owned a house next to Robert’s house. Robert made a contract with Midcity
Painters to paint his house. The painters arrived to paint Robert’s house, but mistakenly painted
Louise’s house. She saw the painters at work and made no comment. Later, Midcity Painters sent
Louise a bill for painting her house. She claimed that she was not liable because she had not
made any contract with them. Is this a valid defense? What if Louise had not been home to see
the painters at work?
Q11: Harry, a health inspector for the state of Virginia, inspected a restaurant owned by Ruth.
Harry found numerous health violations in the restaurant and fined Ruth accordingly. When
Harry notified Ruth of the infractions, Harry strongly suggested that $5,000 “would sure prove
handy in the spring” when he planned to purchase a new fishing boat. Ruth understood Harry’s
obvious hint and offered Harry $5,000 if he would lose the paperwork concerning the failure of
the restaurant to meet proper inspection guidelines. Harry accepted the $5,000 and lost the
paperwork. One month later, Harry returned to the restaurant and told Ruth that he would
reappear every month and find violations unless Ruth produced $1,000 each month to go toward
the purchase of a fleet for Harry. Ruth agreed to make the $1,000 payments. What crimes have
been committed by Harry and Ruth?
Q12: Smartz, Inc. developed a software program after several years of research and development.
The particular software program was then test–marketed, at which point a competitor filed suit
claiming that the Smartz program violated the competitor’s copyright on a program they too were
test-marketing. What test will the court apply to determine whether a copyright has been
violated?
Q13: Marble Industries hired virtually all of its employees from Union High School, which was
overwhelmingly white in its racial makeup. Accordingly, there were virtually no nonwhite
employees employed by Marble Industries. The work these employees performed was work that
any reasonably capable high school graduate could do. When organizations representing
nonwhites questioned the policy, the personnel director indicated that Union High School
graduates were hired because Marble Industries had only had good experiences with Union High
grads as employees in the past and because the president of the company had graduated from
that school. There was no evidence that there was any plan or intention to discriminate against
nonwhites. Apply the IRAC method of legal reasoning to decide whether Marble Industries’
hiring practices violate Title VII of the Civil Rights Act.
Q14: Scholarly University has hired Herman Inc., a marketing agency, to prepare an advertising
and marketing campaign for Scholarly University in order to boost student enrollment. The
marketing campaign will consist of electronic and print images. Images for the campaign are being
collected by Herman Inc. from a variety of sources, including popular magazines, international
newspapers, and web sources. The Vice President of Herman Inc. asserts that the agency may
use the images, without a copyright license, for Scholarly University’s advertising/marketing
campaign under the “fair use” doctrine. Apply the IRAC method of legal reasoning (Issue, Rule,
Analysis, and Conclusion) to determine whether the Vice President of Herman Inc. is correct.
Q15: A young stockbroker was rather overwhelmed by a flood of new clients. Brian, one of her
clients, had purchased XYZ Corp. stock through the broker at a price of $35 per share. The price
had gone down to $29 by the time Brian telephoned the broker. Brian told the broker that he
wanted to sell the stock if it went below $30 and inquired as to the price. The broker did not
check the price, but thinking it could not have fallen below the $30 threshold, simply reassured
Brian that it was still “in the low 30s.”
Martha, Brian’s cousin, also had purchased XYZ stock at $35 per share and made a similar call to
the broker and received the same response. Martha, however, coincidentally saw the price on a
stock ticker tape when she hung up and realized the broker had made an error. Both Brian and
Martha held the stock and did not sell.
Later that same day, the stock price fell an additional $7 per share. Facing sizable losses, both
Brian and Martha decided to sue the broker for fraud when Martha told Brian of the broker’s
misstatement. What will be the probable outcome of the two lawsuits?
Q16: NiteNav, LLC is a U.S. company that has developed new high-tech goggles to allow wearers
to hike or drive vehicles at night without using lights, combining computer technology with infrared sensors. NiteNav currently markets these goggles to off-road vehicle, camper and hiking
enthusiasts, through a number of outdoor equipment outfitters in the U.S. It entered into a
licensing agreement with a French company, Camperfaire, LLC to sell its goggles. Because the
goggles clearly could be converted for military use which required NiteNav to comply with U.S.
export laws and their implementing regulations. NiteNav directed Camperfaire not to sell the
googles to countries on the embargoed countries or denied persons list but did not include the
requirement as a condition of the licensing agreement. Without informing his company or
NiteNav, a salesman in the French company (to maximize his commissions) sold five containers
(each with a 1000 goggles) to a company in Russia, no questions asked. The only information
about the sales sent to NiteNav were buried in accounting records periodically emailed by the
French Company to NiteNav’s accountants. In addition, hackers broke into NiteNav’s computer
systems and gained access to the program which directed and controlled the shipments of the
high-tech googles and threated to redirect all the shipments to China unless the company paid a
significant ransom. In developing its response to the ransomware attack NiteNav discovered the
accounting records showing the sales of the googles to the Russian company.
1. Identify what export administration laws and regulations which might have been violated by
the sales of the googles to the Russian company and their applicability to the facts. In particular,
discuss whether NiteNav would be subject to a civil or criminal enforcement action by the U.S.
Department of Commerce or other federal agency for the sales by the Camperfaire salesman to
the Russian company.
2. Identify and discuss what obligations NiteNav has to report the ransomware attack, its findings
of the sales to the Russian company, and to whom. For example, should it report it to its
customers, to the government, and if so, what government agency and why.