Q Module 1 QUESTIONS FOR Multiple Choice and Short Answer Questions • Points 60 • Submitting a text entry box Assignment: multiple Choice & Short Answer 1 Total 60 points Submission Instructions • Read Chapters 1, 2, 3, 4 & 5 • Answers due by Sun. Feb. 20 • Be prepared to discuss your answers during next week's Meet Session. Multiple Choice Questions (2 points each for a total of 10 points) 1. Laws passed by Congress, state legislatures, and city councils cover many topics including taxes, environmental standards, and building codes. Laws created by these bodies are known as: A. Constitutional amendments B. Precedent C. Statutes D. Treaties 2. Laws created by Congress, legislatures and city councils are not always self-explanatory and require interpretation. ____________ is the interpretations by judges that remain the law unless altered by a legislative body. A. Statutory Law B. Common Law C. Constitutional Amendment D. Regulation 3. Rulings by the U.S. and state Supreme Courts control and influence the decisions made by lower courts. If the Pennsylvania Supreme Court decides that lethal injection as a means of capital punishment is unconstitutional under its state constitution, and the Ohio Supreme Court borrows the logic of the Pennsylvania Supreme Court to rule on the use of lethal injection in Ohio, this use of the Pennsylvania ruling is known as ______________. A. Binding precedent B. Influential precedent C. Supremacy doctrine D. Persuasive precedent 4. If the Ohio General Assembly gave the State Medical Board the right to design a system to authorize physicians to prescribe medial marijuana, the state would be granting the board the authority to issue ________________ A. Statutes B. Rules C. Letters of Recommendation D. Commendations 5.Let’s say the Ohio General Assembly passed a law that restricts the location of a liquor store to no less than 1,000 feet from a school, and gives the State Liquor Board the right to regulate the locations. After studying the issue, the Liquor Board finds it is safe to allow liquor stores to locate within 500 feet of schools, and implements a 500-feet minimum distance rule. Would the 500-feet rule be ____________ A. invalid because the agency exceeded the authority granted by the legislature. B. valid because the legislature placed the authority with the liquor board to uses its expertise to make decisions. C. invalid because 500-feet rule because it was not approved by a court. D. valid because the executive branch has broad discretion on how to execute laws passed by the legislature. Short Answer Questions [50 points (5 points each for each question)] Background Let’s says a new virus has broken out and is causing a great deal of illnesses, but only in two states – Ohio and Michigan. Your business, Shots Unlimited, has developed a vaccine for the new virus. Shots Unlimited is located in Ohio near the Ohio-Michigan border and has done extensive business in both states for years. Shots Unlimited regards itself, and communities in both state regard it, as a highly socially responsible company. Ohio has 100 confirmed cases and Michigan has 500 cases. But Ohio is expected to have a surge of 500 cases in a month. Michigan can lower its expected cases to 100 more next month if it can vaccinate as many of its infected citizens now as it can. Ohio has a law that states: “Manufacturers of a vaccine needed by Ohio residents must make the vaccine available to Ohio residents first if it is the highest and best use of the vaccine.” You are the manager charged with deciding where to send the first 400 vaccine doses you have available. Question 1: As the Shots Unlimited manager, how does business law and business ethics relate to your decision on what to do? Question 2: Who do you think would be all the relevant stakeholders you want to involve in the decision making? Questions 3: You make your recommendation to Shots Unlimited’s Chief Executive Officer – the boss. What would you tell your boss were the three most important things you considered when deciding what to suggest? Background You were at Boom Bay water park enjoying the day with your family and friends. They’ve encouraged you to ride the Old Geyser waterslide, which has been at the park since it opened 40 years ago. You’re not so sure because it seems wobbly and not well maintained, but on the other hand, thousands of little kids are sliding down it right in front of your eyes. As you go down the slide, a broken piece of the slide railing catches your swimsuit, ripping it off and spinning your around so that you land awkwardly and unclothed in the pool at the bottom. You’re in pain. You have broken your ankle. A lifeguard has thrown you a towel to wear before you leave the water and retrieve your swimsuit. You hear the lifeguard say to another lifeguard: “Someone should have fixed the slide as planned – just like it says in all those emails.” You plan to sue Boom Bay. Vinny the lawyer informs you that you have a valid lawsuit and can begin the process of suing. Question 1. This is a civil lawsuit. What procedural steps up until the trial must you take? Question 2. If you owned Boom Bay, what steps might you take, knowing a lawsuit could be filed? What should you do with company emails about Old Geyser? Question 3. If Alternative Dispute Resolution a viable option for resolving this matter? What form of ADR might you suggest and why? Background Paul is an independent plumber. He received a frantic phone call around lunch time from the owner of an expensive house in Columbus, Ohio. The homeowner told Paul a downstairs pipe burst and was quickly filing up the basement with water. The homeowners were unsure how to turn off the water and offered Paul a substantial amount of money – at least $5,000 to fix the problem and more if necessary. Paul promised he would rush right over there. Just as he entered onto Broad Street to go to the job, he called to let the homeowners know he would be there in 10 minutes. He completed the call before he reached the stop light at the intersection with High Street. Speedy’s Pizza is a local restaurant located at 900 Main St. Columbus, Ohio, which is in Franklin County. Speedy’s tries to beat the better known competition by advertising its fast delivery service. Donny, a Speedy delivery boy, was driving his Speedy’s pizza truck along High Street to make some customer deliveries. Right before Donny approached the intersection of Broad and High, he received a call from Dave, Speedy’s owner, urging Donny to get to all his deliveries as fast as possible because more orders were coming in. And he told Donny “drive safely!” The light just turned green for Paul on Broad and when Paul pulled into the intersection, Donny’s truck slammed into Paul’s truck at the intersection. Paul’s’ $30,000 truck is totaled. Paul breaks his arm and is hospitalized. He has health insurance, but the out-of-pocket medical costs are approaching $10,000. He is also told he will be off work for nine weeks, and had to cancel the job he was on his way to begin. His client is upset because Paul does not show up, and the basement floods, and the homeowners have to file a homeowner insurance claim to cover the damage. Donny is cited by the Columbus Police for failure to yield. Dave called his insurance company to report the accident Donny had in Speedy’s Pizza’s truck. Paul hired an attorney and plans to file a lawsuit against Speedy Pizza. Question 1. Based on the fact above, in which court should Paul’s attorney file his lawsuit in? Why? Question 2. From the facts above, list three pieces of information that should be in Paul’s initial complaint. (Note there are several to choose from.) Question 3. List three pieces of information Paul’s attorney would want to introduce as evidence to support his case. (Your answer can include documentation likely produced based on the accident.) Question 4. List two pieces of information Speedy’s attorney might ask of Paul to prepare its case.
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