CRJ 100 Assignment 2: Trials and Verdicts ( 1470 Words in APA Format with References) Strayer University

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In the scenarios and resulting simulations, Tim Smith, senior criminal lawyer, discusses select cases and asks a paralegal to indicate which courts would have exclusive jurisdiction of the cases in question. He also discusses various pretrial procedures and illustrates them with select cases. Finally, Tim Smith introduces the case of Roland Gary, who served twenty-three (23) years in prison for a crime that he did not commit. The case brought to light several key issues, along with the manner in which they were resolved.

Use the Internet to research three real-life cases from the past five (5) years that fit the following criteria:

  • Cases that depict the unique processes related to different courts
  • The defendant accepted a plea bargain as an alternative to trial
  • The defendant was wrongly accused and later vindicated

Write a three to four (3-4) page paper in which you:

  1. Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances.
  2. Discuss the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial. Give your opinion on whether or not justice was served in the case in question. Provide a rationale for the response.
  3. Discuss the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated. Explore one (1) key aspect of the case and examine its relation to the case at large. Describe the resolution to the selected case.
  4. Use at least three (3) quality resources in this assignment.

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.

 

1. Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances.

Weight: 25%

Did not submit or incompletelydiscussed one (1) real-life criminal case, taken from current events, and did not submit or incompletely identified the court that took jurisdiction. Did not submit or incompletelyexplained why the court that took the case was the appropriate one for the particular circumstances.

Insufficientlydiscussed one (1) real-life criminal case, taken from current events, and  insufficiently identified the court that took jurisdiction.Insufficientlyexplained why the court that took the case was the appropriate one for the particular circumstances.

Partiallydiscussed one (1) real-life criminal case, taken from current events, and partially identified the court that took jurisdiction.Partiallyexplained why the court that took the case was the appropriate one for the particular circumstances.

Satisfactorilydiscussed one (1) real-life criminal case, taken from current events, and satisfactorily identified the court that took jurisdiction.Satisfactorilyexplained why the court that took the case was the appropriate one for the particular circumstances.

Thoroughlydiscussed one (1) real-life criminal case, taken from current events, and thoroughly identified the court that took jurisdiction.Thoroughlyexplained why the court that took the case was the appropriate one for the particular circumstances.

2. Discuss the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial. Give your opinion on whether or not justice was served in the case in question. Provide a rationale for your response.

Weight: 30%

Did not submit or incompletelydiscussed the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial. Did not submit or incompletelygave your opinion on whether or not justice was served in the case in question. Did not submit or incompletelyprovided a rationale for your response.

Insufficientlydiscussed the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial.Insufficientlygave your opinion on whether or not justice was served in the case in question.Insufficientlyprovided a rationale for your response.

Partiallydiscussed the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial. Partiallygave your opinion on whether or not justice was served in the case in question.Partiallyprovided a rationale for your response.

Satisfactorilydiscussed the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial. Satisfactorilygave your opinion on whether or not justice was served in the case in question.Satisfactorilyprovided a rationale for your response.

Thoroughlydiscussed the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial.Thoroughlygave your opinion on whether or not justice was served in the case in question.Thoroughlyprovided a rationale for your response.

3. Discuss the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated. Explore one (1) key aspect of the case and examine its relation to the case at large. Describe the resolution to the selected case.

Weight: 30%

Did not submit or incompletelydiscussed the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated.Did not submit or incompletelyexplored one (1) key aspect of the case and examine its relation to the case at large.Did not submit or incompletelydescribed the resolution to the selected case.

Insufficientlydiscussed the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated.Insufficientlyexplored one (1) key aspect of the case and examine its relation to the case at large.Insufficientlydescribed the resolution to the selected case.

Partiallydiscussed the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated.Partiallyexplored one (1) key aspect of the case and examine its relation to the case at large. Partiallydescribed the resolution to the selected case.

Satisfactorilydiscussed the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated.Satisfactorilyexplored one (1) key aspect of the case and examine its relation to the case at large.Satisfactorilydescribed the resolution to the selected case.

Thoroughlydiscussed the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated.Thoroughlyexplored one (1) key aspect of the case and examine its relation to the case at large.Thoroughlydescribed the resolution to the selected case.

4. 3 references

Weight: 5%

No references provided

Does not meet the required number of references; all references poor quality choices.

Does not meet the required number of references; some references poor quality choices.

Meets number of required references; all references high quality choices.

Exceeds number of required references; all references high quality choices.

5. Clarity, writing mechanics, and formatting requirements

Weight: 10%

More than 8 errors present

7-8 errors present

5-6 errors present

3-4 err

Will you please help me with Part 3 and 5 annotated bibliographies?

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The proposal should consist of three (3) sections: A description of the research problem or subject;A review of existing literature on…

The proposal should consist of three (3) sections:

  1. A description of the research problem or subject;
  2. A review of existing literature on the subject; and
  3. A methodology section explaining how the data would be gathered for the study and the statistical methods used to analyze the data explaining the reasons for the choice of each.

For this assignment, address the following sections in 10–12 pages:

Part 1

  • Select a current issue in criminal justice and begin to research previous studies and literature that are available using the library, Internet, and other available resources. Choose an issue that relates to one of the following criminal justice topics:
    • Corrections
    • Juvenile justice
    • Victimology
  • Then, write the draft of the introduction to the topic and related issues (variables) that impact this issue.
  • Follow the introduction with a summary statement of the purpose for your research.

Part 2

  • Then, develop a literature review (annotated bibliography) with a minimum of 10 references that will begin the research for your research project.

Part 3

  • How do you intend to gather the data for your study? Explain.
  • What are 3–4 types of statistical methods can be used to analyze the data? Explain in detail
    • What are the advantages and disadvantages of each type of statistical data analysis method? Explain.
  • Which method do you prefer to use most? Why?

help

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Summary and Brief These Cases;

1-Garcetti v. Ceballos 2006

 

2- Tinker v. Des Moines Independent Community School District (1969)

 

 

The requirements that my professor expect from me as what is: –

The first paragraph is your introductory paragraph.  Tell me why you are writing to me and a brief synopsis of what will follow: the cases you briefed. Then, spend a paragraph discussing substantively that participation. For example, discuss some points about the topic. Etc. So, explain the materials carefully (I will use these paragraphs to assist in my doing a qualitative measure of your participation). If a case, tell me about the case itself AND about the contribution you made in class. Remember, this is a thoughtful documentation, reflection and representation of your oral contribution and explanation of the substance of the materials.

–       Explain whether you personally agree or disagree with those cases and whys. 

–       How you correlate with your classmates.

–       Free plagiarism. 

–       Use your own words.

 

Form requirements:

–       2 full pages, single space, but double space between paragraphs. Add some participate that I have agree with someone with my classmate.

–       Do not indent paragraphs.

–       italicize or underline the names of cases.

–       1 inch margins on all sides and typed in 12 point Times Roman font. 

–       I have attached my note for these Cases and will helps you A lot.

 

Please make sure follow these steps as what it is.

 

 

 

Terrorism and Organized Crime

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Assignment Instructions The Research Paper will consist of 15-20 double spaced pages (not including title page and reference page). The research will address one of the following five topics: 1. Terrorism and Organized Crime: Similarities and Differences (Connected to Course Learning Objective #4, i.e., Report on how terrorism differs from organized crime). 2. History of Organized Crime in the U.S. (Connection to several Course Learning Objectives #2. Assess organized crime’s ability to continue flourishing through the application of sociological and criminological theory; #3 Interpret the historical and socio-political patterns of organized crime in the United States; #6 Compare the origins, characteristics, and national makeup of Asian Crime and Russian organized crime groups, #7. Separate traits and characteristics of the two main Italian Mafia groups, that is, the well-known Cosa Nostra and the newer Calabrian ‘Ndrangheta; and #8. Scrutinize major organized crime statutes, such as the Harrison Act, the Racketeer Influenced and Corrupt Organizations Act (RICO), and Prohibition). 3. Explaining Organized Crime Through the Lens of Rational Choice Theory, or another sociological and or criminological criminal justice theory of your choice. (Connected to Course Learning Objective #2, i.e., Assess Transnational Organized Crime’s ability to continue flourishing through the application of criminological theory). 4. Which Poses the Biggest Threat to the U.S….Russian or Asian Organized Crime? (Connected to Course Learning Objective #6. Compare the origins, characteristics, and national makeup of Asian Crime and Russian organized crime groups) 5. A topic of interest to the student, which is fully related to this course, and approved in advance by the instructor. Note: Any proposed topic must be shown to directly connect to one of the course learning objectives identified in the syllabus This paper must have at least 10 references from primary sources, for example the weekly readings, peer-reviewed journals, etc. Use of newspapers, news magazines, and similar periodicals must be kept to a minimum but a fine for background material. Students are encouraged to use the APUS online library in order to utilize peer-reviewed journals to the maximum extent possible. Web sources should be evaluated based on the site sponsor, among other things, such as: How long has the site existed? Is there sufficient information to judge credentials, authenticity, credibility, and bias? Are facts supported by cited sources? Is the material published only on the web? Wikipedia is not an acceptable source. The paper will be evaluated on the grading rubric listed in your week 6 lesson. It is also attached to this posting. The research paper must be written using American Psychological Association (APA) style. In part this must include the following: (b) Times New Roman style, (c) 12-point font, (d) double-spaced, with (e) 1 inch page margins all around. For general guidance see the Publication Manual of the American Psychological Association, 6th Edition, 2010; and, web links at: http://www.apastyle.org/ http://owl.english.purdue.edu/handouts/print/research/PDFs/r_apa.pdf http://www.vanguard.edu/faculty/ddegelman/index.cfm?doc_id=796 http://webster.commnet.edu/apa/apa_index.htm

CRJ 201 Week Two Discussions ASHFORD UNIVERSITY

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Ques 1:

Law enforcement agencies exist on federal, state, and local levels. What is jurisdiction? Describe the difference between federal and local police jurisdiction.

  1. Students whose last names begin with the letters A – I: Describe the history of federal policing in the United States. Provide examples of federal policing agencies. How are federal policing agencies used to enforce the law?
  2. Students whose last names begin with the letters J – R: Describe the history of state policing in the United States. Provide examples of state policing.  How is state policing used to enforce the law?
  3. Students whose last names begin with the letters S – Z: Describe the difference between township (village) police, city police, and county police (sheriff’s office). Are their jurisdictions always distinct? How is local policing used to enforce the law?

Your initial post should be at least 250 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references. Respond to at least two of your classmates’ posts by Day 7. Each classmate must be from a different group, other than your own. Responses to your peers should be at least 100 words in length. Remember that this is a discussion. If a classmate or your instructor asks you a question, it is your responsibility to respond.

 

Ques 2:

Define evidence-based practices.

  1. Students whose last names begin with the letters A – D: Research and explain the partnership between New York City and Microsoft Corporation to develop the Domain Awareness System (DAS). Will systems like DAS be able to reduce crime? If so, how?
  2. Students whose last names begin with the letters E –H: Research and explain the Minneapolis Preventative Patrol program. Will programs like the Minneapolis Preventative Patrol program be able to reduce crime? If so, how?
  3. Students whose last names begin with the letters I – L: Research and explain the Hot Spots Policing program in Lowell, Massachusetts. Will programs like “Hot Spots” be able to reduce crime? If so, how?
  4. Students whose last names begin with the letters M – P: Research and explain the Cincinnati Violence Reduction Project. Will programs like the Cincinnati Violence Reduction Project be able to reduce crime? If so, how?
  5. Students whose last names begin with the letters Q – S: Research and explain the Operation Ceasefire in Boston. Will programs like Operation Ceasefire be able to reduce crime? If so, how?
  6. Students whose last names begin with the letters T – Z: Research and explain Operation Cul-de-Sac in Los Angeles. Will programs like Operation Cul-de-Sac be able to reduce crime? If so, how?

Your initial post should be at least 250 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references. Respond to at least two of your classmates’ posts by Day 7. Each classmate must be from a different group, other than your own. Responses to your peers should be at least 100 words in length. Remember that this is a discussion. If a classmate or your instructor asks you a question, it is your responsibility to respond.

 

Chan v. Wodnicki, 123 F. 3d 1005 (7th Cir. 1998)

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Case Brief Example

 

 
This is an example of a well-written case brief. Note the compliance with the required format and how the student gets right to the important points in plain language. If legal terms are encounter which are not understood, chances are that other students will not understand them, so it is best not to use them unless defined within the brief. 
 
Assignment sub-heading: Sixth Amendment Right to Counsel



TITLE AND CITATION: Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501 (1984)



TYPE OF ACTION: Review by the U.S. Supreme Court of a lower court ruling that evidence should be suppressed as a result of a violation of the Sixth Amendment right to counsel. The state (Nix) sought to overturn the motion to suppress that was upheld by the U.S. District Court of Appeals.



FACTS OF THE CASE: 
On December 24, 1968, ten year old Pamela Powers was kidnapped from an Iowa YMCA and her body was later found in a ditch, which was within an extensive area that was being searched by volunteers and law enforcement. The defendant was observed “carrying a large bundle wrapped in a blanket…two legs in it and they were skinny and white.” Williams’ car, which contained clothing items belonging to the victim, was found the next day approximately 160 miles from the incident. Based on this information, an extensive search was started that extended from Des Moines to Davenport, Iowa. 



Law enforcement obtained a warrant for Williams’ arrest, and he subsequently turned himself into the authorities in Davenport. Williams was arraigned and had obtained and spoken with an attorney. Des Moines police detectives agreed to transport Williams and not interview him during the drive between Davenport and Des Moines. During the drive, one of the detectives on the case began to speak to Williams regarding the need to find the child’s body before it snowed so that her parents could give her a proper, “Christian” burial. The detective did not ask Williams any specific questions during this conversation. At that point, Williams provided statements to the detectives that led them to the child’s body. 



Williams was then tried in state court and was found guilty of first degree murder. Williams filed a motion to suppress the evidence of the body and all related evidence concerning the body’s location based on illegally obtained testimony. When the conviction was affirmed by the Iowa state Supreme Court, Williams sought relief in the U.S. District Court for the Southern District of Iowa. The U.S. District Court, U.S. Court of Appeals, and the U.S. Supreme Court agreed with Williams and determined that he was denied the right to counsel and his statements, which led to the child’s body, could not be introduced into evidence. 

 

Williams was tried in state court a second time, without the use by the prosecution of the statements he had given to detectives. Prosecutors introduced evidence of the child’s body under the premise of “inevitable discovery”, as the child’s body was in an area that was within the designated search area. Williams was convicted a second time and the conviction was upheld by the Iowa Supreme Court again. Appeals by the parties brought the case back to the U.S. Supreme Court a second time. 



CONTENTIONS OF THE PARTIES:

Nix: The state (Nix) contends that the evidence of the child’s body and all related evidence concerning the body as to its location should be admissible in spite of the denial of right to counsel because the body would have been discovered in any event due to the wide-ranging search in the area which was not the result of anything that Williams said to the detectives. In the second trial, the defendant’s statements were not introduced, but the body evidence should still be admissible because it would have been discovered and in the same condition anyway even if there was no violation of the Sixth Amendment. The child’s body was found well within the extensive search area and would have been located by one or more of the over two hundred searchers nearly the same time that the defendant took the detectives to the child’s body. This argument is called the “inevitable discovery rule.”



Williams: Williams contends that were it not for the illegally obtained statements from Williams by law enforcement, the evidence would not have been discovered or used against the defendant. The evidence obtained is considered the “fruit of the poisonous tree,” and therefore should not be admitted at trial. 



ISSUE: Once a violation of the Sixth Amendment right to counsel has occurred, can evidence obtained from the illegally-obtained statements be admitted at trial based on the fact that the evidence would have been discovered anyway?



DECISION: Yes, because the prosecution was able to prove that the same physical evidence would have been discovered even if the constitutional rights violation did not occur.

 

REASONING: The court applied the reasoning of the independent source doctrine to that of inevitable discovery. “The independent source doctrine teaches us that the interest of society in deterring unlawful police conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position that they would have been in if no police error or misconduct had occurred” (quoting from Nix v. Williams, 104 S.Ct. 2501, 2509 (1984)).



RULE OF LAW: Evidence that may have been obtained in violation of a constitutional protection may still be admissible if it can be proven by a preponderance of the evidence that it was inevitable that the evidence would have been discovered even if the violation had not occurred. This is known as the “inevitable discovery” rule.

 

 

 

For Phd Isaac Newton only

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Part I – Two essay questions I need by midnight, if possible:

 

1. Clinton v City of New York: Do you agree with the court’s decision? Why would the president not want to veto a bill that has a rider they prefer removed?

 

 

 

2. Morrison v. Olson: Do you agree with the court’s decision? There was one dissenting judge – could you see their rational?

 

 

Part II – Case Breif done by noon, tomorrow, 1/31/16, if possible for the following case – INS v Chadha (1983)

 

(Note: a sample of how the has to be done is attached):

 

FACTS

An immigration law passed by Congress holds that the attorney general can suspend the deportation of an illegal immigrant if the immigrant would sustain “severe hardship” as a result.  Additionally, if either the Senate or House of Representatives voted by majority to veto the attorney general’s decision regarding deportation.  Chadha was a student who had remained in the US with an expired Visa.  The attorney general held that he should remain in the US due to hardship.  The House of Representatives vetoed the decision to grant amnesty, thereby sustaining the deportation order.  Chadha brought this litigation after the legislative veto.

ISSUE

Whether a single house can vote to override an executive decision such that it violates the principle of separation of powers.

HOLDING

Yes, Act invalidated.  The court recognize the argument of “efficiency” regarding a single house vote.  Efficiency is achieved by this measure because the attorney general may frequently override deportation and calling both houses of the legislature to vote for each instance would be time consuming and burdensome.  However, the constitution is very clear that legislative decisions are to be bicameral.  There are reasons relating to fair representation of states that maintain this justification as paramount, particularly when weighed against arguments of efficiency.   The act of overriding an executive veto is inherently legislative and therefore requires bicameral, legislative support.

 

Discussion question

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Learning Resources

 

Please read and view (where applicable) the following Learning Resources before you complete this week’s assignments.

 

Readings

 

Course Text: Schmalleger, F. (2016). Criminal justice: A brief introduction (11th ed.). Hoboken, NJ: Pearson Education Inc

 

Chapter 13, “Juvenile Justice”

 

Optional Resources

 

Media

 

Note: Because of the ever-changing nature of Web sites such as those listed below, there is no guarantee that clips will always be available. Hence, the following links are listed as Optional Resources only. However, it is highly recommended that you view them, as they will assist you in completing one or more of your assignments.

 

Video: Frontline. (2007). When kids get life. Retrieved from http://www.pbs.org/wgbh/pages/frontline/whenkidsgetlife/view/?utm_campaign=searchpage&utm_medium=videosearch&utm_source=videosearch

This video offers a glimpse into the lives of young men who were sentenced to life in prison for crimes they committed as youths.

View Chapter 11: “Epilogue” (This chapter has close captioning)

 

 

 

Juvenile Justice System: Issues, Challenges, and Trends

The juvenile justice system changes as much and as often as the adult criminal justice system does. In relation to the juvenile justice system, the correctional system is much like a pendulum, swinging between harsher punishments for offenders and intensified rehabilitation and treatment. These fluctuations in the juvenile justice system often reflect the issues, challenges, and trends that are prevalent at any given time. The juvenile crimes that increase across society influence the approaches taken to treat young offenders.

To prepare for this Discussion:

 

Review Chapter 13 in your course text, Criminal Justice: A Brief Introduction, paying attention to juvenile justice’s history and evolution, how and why it developed, and why it is where it is today. Consider the agencies, processes, and problems of the juvenile justice system as you review.

 

 

 

Conduct an Internet search (“juvenile justice” or “juvenile justice system”) looking for issues, challenges, and trends related to the juvenile justice system.

 

 

 

Based on the information in Chapter 13 of your text and from your Internet search, think about current and potential issues, challenges and trends related to the juvenile justice system and how they might impact its future.

 

 

 

Consider what issues, challenges, or trends you would change as member of the juvenile justice system.

 

 

 

With these thoughts in mind:

Post by Day 4 a brief description of two issues, challenges, or trends related to the juvenile justice system. Explain how they may impact the juvenile justice in the future. Be specific. Finally, post your thoughts on at least one change you would make to the juvenile justice system as a professional within the system (police officer, judge, lawyer, probation officer, etc). Be specific and use examples to support your position.

Be sure to support your postings and responses with specific references to the Learning Resources.

LAW531 Business Law Week 3 QUIZ 100% CORRECT ANSWERS

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·  If a contract ends in a dispute, and the parties want to have the matter resolved without going to court, which is the most common method for them to pursue?

  • [removed]

Minitrial

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Mediation

  • [removed]

Arbitration

  • [removed]

Discovery

·  2

Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also 

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obtain an injunction prohibiting the offender from divulging the trade secret

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ask to acquire the offender’s trade secrets as payoff

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obtain the offender’s trademarks or brand name as payoff

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ask for transfer of any of the offender’s patents to the plaintiff

·  3

In order for a response to be considered a legal acceptance to an offer, and not a counter offer, what rule must apply?

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The public law rule

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The voluntary performance rule

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The mirror image rule

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The lapse of time rule

·  4

Which of the two parties are involved in every contract?

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An initiator and a responder

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A breaching party and a nonbreaching party

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A buyer and seller

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An offeror and offeree

·  5

A(n) ________ is an agreement that is stated orally or in written words.

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implied-in-fact contract

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express contract

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implied-in-law contract

  • [removed]

quasi-contract

·  6

Parties enter into a contract for services and one party commits a breach. The party who breached wants to continue with the contract but wants the terms revised. What is his best method of dispute resolution?

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Mediation

  • [removed]

Arbitration

  • [removed]

Med-Arb

  • [removed]

Negotiation

·  7

Consideration, which is required in a contract, consists of which two elements?

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Money must be received and a promise fulfilled

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Legal value must be given and there must be a bargained-for exchange

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Money must be paid and funds received.

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Legal value is appropriate and the value is paid.

·  8

Oral agreements may be legally enforceable contracts with the exception of some types of contracts specified in which law?

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Common Law Statute

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Statute of Verbal Contracts

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Statute of Limitations

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Statute of Frauds

·  9

Both the Statute of Frauds and the Uniform Commercial Code require a valid, enforceable contract to be signed by whom?

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Party enforcing the contract

  • [removed]

None of the parties to the contract

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Party against whom the contract enforcement is sought

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All parties to the contract

·  10

An individual who finds the personal property of another, acquires legal title to that property against the entire world, only if it is what type of personal property? 

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Stolen property

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Lost property

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Mislaid property

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Abandoned property

·  11

What is the highest type of ownership estate in real property?

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Freehold estate

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Life estate

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Fee simple absolute estate

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Leasehold estate

·  12

Which of the following examples is a bilateral contract?

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Mary promises to pay Bob if Bob promises to paint her house.

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Mary pays Bob for Bob’s promise to paint her house on Saturday.

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Bob paints Mary’s house and Mary promises to pay Bob on Saturday.

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Mary pays Bob for painting her house.

·  13

Contracts are discussed primarily in Sections 2 and 2A of the Uniform Commercial Code pertaining to which of the following transactions?

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Sale of commercial goods

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Financing of consumer goods

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Sale of real property

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Sale of goods and lease of goods

·  14

To create an enforceable contract, which of the following are needed? 

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Offerer, acceptance, agreement, and consideration

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Offerer, offeree, agreement, and capacity

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Agreement, consideration, contractual capacity, and a lawful object

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Agreement, consideration, objectives, and contractual capacity

·  15

Jenson and Johnson enter into a contract that involves Johnson paying Jenson $1,000 for shoveling the snow from his driveway throughout the winter. Jenson, who was paid before work commenced, breached the contract on the very first day. He should refund $1,000 to Johnson as

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restitution

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compensatory damages

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consequential damages

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liquidated damages

·  16

Which of the following types of real property rights can be sold separately from the land?

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Minerals in the subsurface

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Building fixtures on the land

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Buildings and improvements on the land 

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Improvements under the land 

·  17

Which of the following is an equitable doctrine designed to prevent unjust enrichment and unjust detriment where no actual contract exists?

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The doctrine of implied-in-law contract

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The express contract doctrine

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The doctrine of Quantum meruit

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The doctrine of formal contracts

·  18

Some trees were cut down and made into lumber, and the lumber was used to build a house. What type of property were the trees while they were growing, when they were lumber, and when they became part of the house, respectively?

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Real, real, personal

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Personal, personal, real

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Personal, real, real

  • [removed]

Real, personal, real

·  19

Under Section 2 of the Uniform Commercial Code (UCC), a contract for the sale of goods must be written if that contract is for what monetary value?

  • [removed]

$250 or more

  • [removed]

$500 or more

  • [removed]

$100 or more

  • [removed]

$1,000 or more

·  20

What federal statute governs the legal use of electronic contracts?

  • [removed]

Federal Enforcement Act

  • [removed]

Federal Banking Act of 2010

  • [removed]

Uniform Computer Information Transactions Act

  • [removed]

Uniform Commercial Code

·  21

Which of the following is the best definition for the legal term promissory estoppels?

  • [removed]

A gift promise made in an estate is valid and legal

  • [removed]

A promise made in a contract must be an express promise in order to be valid

  • [removed]

A party to a contract cannot promise to provide illegal consideration

  • [removed]

A party to a contract cannot withdraw a promise if the other party to the contract relied upon the promise to his or her detriment

·  22

Which of the following is true when someone mistakenly makes an improvement to the personal property of another? 

  • [removed]

The property owner automatically gets to keep all of the improvement and is not required to pay for it.

 

  • [removed]

The property owner gets to keep the improvement in all cases, but must pay the party who improved it the reasonable value of the improvement.

  • [removed]

The party who made the improvement must  remove all easily removable improvements, paying any damages from the removal, otherwise the owner of the property gets to keep the improvement and is not required to pay for it.

  • [removed]

The party who made the improvement can remove it if this is possible; otherwise, the owner of the property must keep the improvement and must pay the party who improved it the reasonable value of the improvement.

·  23

Which of the following is true about the public use doctrine?

  • [removed]

The inventor has to test his invention in the public domain, to measure its validity, before being granted a patent

  • [removed]

An invention cannot be used in the public domain prior to it being granted a patent

  • [removed]

A patent will not be granted if the invention was already in public use for one year before filing application

  • [removed]

The invention will come into the public domain once its term period has expired

·  24

Wildboards Company introduces a product called a “Rollerboard” for which it is granted a registered trademark. The Rollerboard is a snowboard with a removable row of wheels along the center of the underside. With the wheels attached, the user can attain extremely high speed in hard-packed snow conditions. In addition, many users have found that they can use their snowboards on streets with the wheels attached. This new use of snowboards becomes very popular and many competing snowboard makers introduce similar products. The sport becomes known generally as rollerboarding and most people refer to all such wheeled snowboards as rollerboards. What is the consequence of this scenario?

  • [removed]

Wildboards can no longer use the name Rollerboard on its boards.

  • [removed]

Competitors must put a disclaimer on their boards that they are not the original Rollerboard.

  • [removed]

Wildboards cannot stop competitors from using the term “rollerboard” for their products.

  • [removed]

Competitors must pay royalties to Wildboards for using the term “rollerboard”.

·  25

Which of the following examples is a unilateral contract?

  • [removed]

Debbie promises to pay Larry when Larry paints her house.

  • [removed]

Debbie pays Larry for Larry’s promise to paint her house on Saturday.

  • [removed]

Debbie pays Larry for painting her house.

  • [removed]

Larry promises to paint Debbie’s house if Debbie promises to pay him.

1.        

LAW531 Business Law Week 4 QUIZ 100% CORRECT ANSWERS

/in /by

·  Which of the following statements is true about workers’ compensation?

  • [removed]

The employer can avoid liability if the injured employee was contributorily negligent in causing the injury.

  • [removed]

The employer is strictly liable for employment-related injuries, and the claim is filed through an administrative procedure rather than an ordinary lawsuit.

  • [removed]

The employee must decide whether to seek a workers’ compensation payment or file an ordinary lawsuit against the employer.

  • [removed]

If the employee is dissatisfied with the amount received under the workers’ compensation system, the employee generally then can file an ordinary lawsuit.

·  2

In a hostile work environment sexual harassment claim, the employer will have a successful defense if the employer can show which of the following?

  • [removed]

The employee stands to personally gain if the persons engaging in the sexual harassment are reprimanded regardless of whether or not the employer did anything to remedy the situation or take corrective action.

  • [removed]

The employer took reasonable care to prevent or correct the conduct and the employee did not take advantage of corrective or preventive opportunities of the employer to remedy the situation.

  • [removed]

There were no adverse consequences to the employee’s work status, such as a demotion or denied promotion, even though the employer did not proactively address the situation.

  • [removed]

The employee was offended by conduct in the workplace and that the employer in good faith did not consider the conduct to be offensive and therefore did not seek to correct or prevent it.

·  3

Which of the following powers does the Equal Employment Opportunity Commission have?

  • [removed]

Legislate antidiscrimination statutes

  • [removed]

Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes

  • [removed]

Pass amendments to the 1972 Amendments to the Civil Rights Act of 1964

  • [removed]

File suits to enforce antidiscrimination statutes on behalf of complainants

·  4

What is the current status of right-to-work laws?

  • [removed]

Congress has passed a law prohibiting states from passing right-to-work laws.

  • [removed]

If a state passes a right-to-work law, then individual employees will have to pay union dues even if they do not belong to the union.

  • [removed]

If a state passes a right-to-work law, then state and local government employees can unionize.

  • [removed]

If a state passes a right-to-work law, then individual employees cannot be forced to join a union.

·  5

Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?

  • [removed]

Race, religion, and sexual orientation

  • [removed]

Race, national origin, and sex

  • [removed]

Race, national origin, and political affiliation

  • [removed]

Race, national origin, and alien status

·  6

Which of the following statutes regulates internal union affairs and establishes certain rights of union members?

  • [removed]

The National Labor Relations Act

  • [removed]

The Labor Management Reporting and Disclosure Act

  • [removed]

The Worker Adjustment and Retraining Notification Act

  • [removed]

The Labor Management Relations Act

·  7

Under what conditions must an employer allow nonemployee union solicitation on company property?

  • [removed]

If the employees live in a company town such that it would be difficult to solicit the employees off company property

  • [removed]

If there is currently no union representing the company’s employees

  • [removed]

If the union is affiliated with another union that currently represents other employees of the company

  • [removed]

If the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union