Reference no: EM131694880
Assignment: Legal Environment & Business Law
Read the story- A first for the marijuana industry: A product liability lawsuit by David Kelly.
1. How do the plaintiffs claim that they have been harmed by a defective product?
a. They suffered severe damage to their pulmonary systems and collapsed lungs from the pesticide soaked weed
b. They lost profits from disgruntled weed buying clients
c. Both a & b
d. They never would have inhaled had they known the risks
2. According to the story, what is preventing comprehensive nationwide legislation to regulate the marijuana industry?
a. There can be no federal manufacturing, sales and tax regulations because marijuana is illegal under federal law.
b. Colorado has blocked all attempts at legislation or regulation of marijuana growing and sales
c. Both a & b
d. None of the above
3. Class action status for the plaintiffs in this case has been approved and all 500 complainants will have their cases consolidated for purposes of judicial expediency and fairness.
a. True
b. False
Read the news story entitled: A car crash at USC left a student dead and a campus officer charged with manslaughter by Matt Hamilton.
The following questions are based on the story above:
4. Kelsey Dresser's parents are suing USC for:
a. Negligent hiring of security staff
b. Improper design of the intersection where the accident occurred
c. Failing to properly render medical aid at the scene of the accident
d. None of the above
5. In determining the amount of damages to award to the Plaintiffs in this lawsuit, the jury may consider:
a. Kelsey's future earning potential with her advanced degree from USC
b. The fact that Kelsey suffered from Marfan's syndrome and has suffered from prior seizures
c. The fact that Kelsey is on a heart transplant recipient list
d. All of the above
6. If Officer Miguel Guerra is tried, and convicted, of misdemeanor vehicular manslaughter, what affect will it have on the civil lawsuit being pursued by the Dresser family?
a. It will have no effect
b. It will result in an automatic felony conviction for civil wrongful death
c. It may make the Dresser's case easier to prove in civil court
d. None of the above.
7. Plaintiffs could properly contend that USC's training procedures for its safety officers are at issue in this case by arguing:
a. That the lack of training of Officer Guerra was the proximate cause of, or contributing factor to, the accident that killed their daughter.
b. Employers are generally responsible for the conduct of their employees while they are acting within the course and scope of their employment
c. Proper training of employees, especially security officers, is a legal duty owed by employers
d. All of the above.
8. The facts contained in the story regarding Officer Guerra's conduct that that the Plaintiffs may claim would reflect his lack of training and expertise includes:
a. He was driving at 69 mph in a 25 mph zone
b. He was not using his lights or sirens on the way to a safety call
c. He was over reacting to a sighting of a "suspicious person" around 6:00 a.m. in a campus parking area
d. All of the above
Read the NPR story- In Samsung's Messy Phone Recall, Lack of Transparency Takes Center Stage by ALINA SELYUKH and ELISE HU. Dated October 18, 2016
And then visit the website of this important federal administrative agency: Samsung Expands Recall of Galaxy Note7 Smartphones Based on Additional Incidents with Replacement Phones; Serious Fire and Burn Hazards by En Espanol.
9. According to the story, Samsung issued a second recall of its phones because:
a. It does not know the cause of the Samsung phones catching fire
b. People are being injured by Samsung phones catching fire
c. The first recall did not fully address the problem of the phone fires
d. All of the above
10. The Samsung phones catching fire have caused:
a. New meaning to the expression "Burnin' up the phones."
b. A possible diminished brand value of the Amazon Fire phone
c. Numerous serious injuries and potential for litigation
d. All of the above
11. Aside from consumer misuse, regardless of what is causing the Samsung phones to catch fire, according to the law of products liability, all participants in the manufacturing process, distribution and sales (aka "the stream of commerce") of the Samsung phones could be held liable in a products liability lawsuit in California.
a. True, the stream of commerce includes the parties involved, at every stage, in bringing the phone to market
b. False, only the sole party who is found to have actually caused the defect will be held accountable for the damages caused by the defective product.
12. State and Federal Courts are:
a. Grouped together and have the same court houses, judges and rules
b. Are not authorized to hear criminal cases
c. Are not authorized to hear civil cases
d. Are separate and distinct systems
13. Jurisdiction refers to:
a. The number of parties to a lawsuit
b. The appellate powers of a court
c. A court's power and authority to hear a case
d. The jury members' conversations
14. Section 22.1 of the California Civil Code identifies the and as the expression of the will of the supreme power vested in the State of California.
a. The judge and jury
b. Criminal Law and Civil Law
c. Constitution and the Bill of Rights
d. None of the above
15. The Constitutional right to equal protection under the law for all persons is found in the and is known as the "equal protection clause."
a. 1st Amendment
b. 2nd Amendment
c. 14th Amendment
d. 6th Amendment
16. The U.S. Constitution is considered the supreme law of the land and can only be superseded by:
a. Local case law
b. Common Law
c. Federal Criminal Statues
d. None of the above
17. Which of the following is/are considered a primary source of law?
a. The U.S. and State Constitutions
b. Statutes
c. Common Law/Case Law
d. All of the above
18. Examples of Administrative Agencies that enforce Administrative Law are:
a. The Federal Court System
b. The FCC, FTC and FDA
c. The House of Representatives and the Senate
d. All of the above
19. Civil Code Section 1714 requires "all persons to exercise ordinary care or skill in the management of his or her property or person . . ."
a. True
b. False
20. In order for the U.S. Congress to create a new law, it must have the authority which comes mostly from the powers granted to Congress in Article I, Section 8 of the U.S. Constitution.
a. True
b. False
21. The United States Supreme Court creates new legislation when necessary.
a. True
b. False
The next story is an LA Times Op Ed piece: "My face versus your speech"
Op-Ed Lohan, Noriega video game lawsuits are a troubling sign for the arts by Kal Raustiala and Christopher Sprigman.
22. The authors state that the Lohan and Noriega lawsuits are a dangerous infringement on the 1st Amendment artistic rights of video game makers.
a. True
b. False
23. According to the writers, most judges are elderly and out of touch with the concept that video game design and creation constitutes artistic expression and is protected by the 1st Amendment as opposed to a strictly commercial venture.
a. True
b. False
24. The band No Doubt claimed that the company, Activision, exceeded the scope of authorized use granted by an agreement and sued to enforce their rights under their deal.
a. True
b. False
25. According to the authors, a famous person's right of publicity exists to prevent others from trading on their image for financial gain.
a. True
b. False
26. In October, 2014 a California judge agreed with Activision's claims that it has a 1st Amendment right to use the image of Manual Noriega in its Call of Duty: Black Ops II video game.
a. True
b. False
End of questions about the Lohan and Noriega right of publicity claims.
Read the story L.A. Times story and answer the following questions. "EPA Officials Sickened by Fumes at South LA Oil Field" by Louis Sahagun.
27. Who are some of the stakeholders identified in this story and what criminal charges have been filed against Allenco?
a) The Catholic Archdiocese of Los Angeles, Allenco Energy Co, Mount St. Mary's College, Esperanza Community Housing Corp; no criminal charges are pending.
b) The Environmental Protection Agency and Sen. Barbara Boxer; felony contamination of public lands.
c) There are no stakeholders mentioned in the story; first degree murder
d) All of the above.
28. The Federal Government is involved in this matter because:
a) The Catholic Church and Archdiocese are protected under the 1st Amendment to the U.S. Constitution
b) Allenco is accused of violating federal clean air and water laws
c) The commerce clause automatically applies here
d) There is diversity jurisdiction
29. If it is found that Allenco intentionally violated the law and caused harm to the citizens, the executives who authorized the harmful actions could face civil AND criminal charges.
a) True
b) False
30. One of Allenco's violations includes an allegation that the detected levels of hydrocarbons from volatile petroleum products that were 10,000 times higher than ambient levels.
a) True
b) False
31. Unethical behavior is:
a. Always illegal
b. Always legal
c. Sometimes legal
d. All of the above
32. "Ethics" as defined by your textbook means:
a. A simple tool that helps determine whether an action is moral
b. A rule for ascertaining the ethical basis of a corporate credo
c. A guideline which is ethical
d. A term used to describe having a conscious system in use for deciding moral dilemmas
33. According to your textbook, managers should consider all relevant stakeholders when they engage in ethical reasoning.
a. True
b. False
34. "Business ethics in the workplace context emphasizes prioritizing moral values for the organization and ensuring behaviors are aligned with those values." Is an explanation of the basis of :
a. Values management
b. A principles based approach
c. Categorical imperatives
d. None of the above.
35. According to Business and Professions Code Section 5061(a), a person who is working as a public accountant may not pay or accept a referral fee. (See CA Statutory Law in Source of Laws in Bb.)
a. True
b. False
Read the story about Bumble Bee Tuna Company Worker Safety in this L.A. Times story: Bumble Bee Foods to pay $6 million in death of worker in pressure cooker by Brittny Mejia and Veronica Rocha. And then answer the following questions about the story:
36. The Occupational Safety and Health Administration is a agency.
a. Private
b. California
c. Federal
d. None of the above
37. Bumble Bee was charged with 3 felony counts for the death of its worker because investigators found the company's violations of safety rules to be "willful."
a. True
b. False
38. The co-workers of Jose Melena were charged with felonies in connection with his death because:
a. They acted with "malicious intent and a depraved heart."
b. They were found to be legally responsible for his death
c. There were in charge of safety procedures at the Bumble Bee plant
d. Both b & c
39. The L.A. County District Attorney's Criminal RICO and Fraud Division lead the prosecution against Bumble Bee, Florez, and Rodriquez.
a. True
b. False
40. In order to motivate Bumble Bee to amend its procedures, update its equipment, and implement new policies, the District Attorney's office has agreed to:
a. Reduce the OSHA fine from $10 million to $6 million
b. Enter into a settlement agreement
c. Reduce the charge from felonies to a misdemeanor in 18 months
d. Both b & c
41. The Statute of Limitations refers to the time frame in which a legal claim must brought or it will barred by procedural laws and lost to the passage of time.
a. True
b. False
42. According to your textbook, examples of law which are characterized as "Public Law" include:
a. Statutes
b. Administrative Regulations
c. Both a and b
d. None of the above.
43. The method of alternative dispute resolution where by the parties begin with mediation and if mediation fails in a fixed time period, the parties agree to submit to arbitration is called:
a. Partial mediation with consent to habitual arbitration
b. Med-Arb
c. There is no such method of ADR
d. None of the above
44. The Fourteenth Amendment to the U.S. Constitution is the law that allows foreign nationals to come to the U.S. give birth and have their children enjoy the benefits of U.S. citizenship, even if both parents are not U.S. citizens.
a. True
b. False
Read the L.A. Times story- "'Maternity tourism' raids target California operations catering to Chinese" by Victoria Kim and Frank Shyong.
45. The Department of Homeland Security is the federal administrative agency that is investigating alleged "visa fraud" by Chinese tourists.
a. True
b. False
46. Some of the allegations leveled against the suspects in the case include:
a. Smuggling contraband, including rhino horn powder, inside fake pregnant "baby bumps"
b. Tax evasion and money laundering
c. Visa fraud and conspiracy
d. Both b&c
47. A bill was unanimously passed by the U.S. Congress to limit birthright citizenship to babies with at least one American parent.
a. True, the bill is waiting for the President's signature
b. False, the bill was never voted on
48. The language on the back of a ticket to a sporting event creates a strictly binding contract that dictates exactly which legal rights a party may or may not have, whether or not such a provision violates public policy.
a. True
b. False
49. Being "bound by " is known as the obligation of the lower courts to decide current cases based on prior rulings of the appellate courts within deciding court's jurisdiction.
a. creative law
b. tort reform
c. statutory law
d. precedent
50. When a case at the trial court level is taken by one of the litigants to the court of appeal, and the court of appeal issues a ruling and certifies the court's opinion for publication that judicial opinion and the appellate court's ruling becomes:
a. Constitutionally permissible
b. Subject to executive review
c. Forbidden by the "double jeopardy" clause.
d. Binding on the similarly situated lower courts.