ALLIED BUS230 FINAL EXAM FALL 2014

Final Exam
Directions:Respond to the following questions in
essay and APA format. You should write
5-6 pages. Make sure to argue both sides
of the case as if you were the lawyer in this business litigation trial. Please apply APA format with in text citing,
reference list, and double-space. Limit
your word count to 2,000 words. Please
visit the Academic Resource Center for help with APA format.
Question
1
A lawsuit was
filed recently by Company BANK A against their former CEO named McNamara. McNamara, a bank manager, regularly took
money from Company BANK A funds for his own personal use and made false entries
in the bank records. The state court of
Florida wants to hold the case there since the bank is located in Florida.

Other employees
of the bank heard of McNamara’s evil deeds.
Employee B thought they heard that McNamara robbed another bank
employee, which was false; however, employee B started spreading rumors by
orally repeating what he knew to be false and created further injury to
McNamara’s reputation.

McNamara hired
you as his lawyer to defend him in court.
He is being sued in criminal and civil court.

During trial,
McNamara’s lawyer tried to use a pretrial device used to prevent surprises
during the actual trial of a civil case.
What legal document would the prosecutor have filed to start the trial?

Question 2
What crime do
you think McNamara may have committed?
What argument could you make to defend McNamara? What would the prosecutor argue if criminal
charges were brought against McNamara?
How would charges be different if McNamara was sued in civil court and
then in a subsequent civil trial?
Discuss the court’s ability to gain jurisdiction in Florida? Should the trial be held in Florida?

Can any claims
be forced against Employee B for spreading rumors? What law could employee B possibly have
broken? What surprise was McNamara’s
lawyer trying to prevent at trial?

Question
3
If a business is
tied up in a law suit and the two parties cannot come to an agreement, the
judge can send them to arbitration. What
is arbitration and how would you argue a case if you were the lawyer hired to
defend Company BANK A in a law suit by one of their customers for a dispute
stemming from the illegalities of their former employee McNamara’s unethical
conduct?

Question
4
You decide to
build your dream home. You hired
construction company B to build the home.
Half way through, the construction company decided they wanted more
money to complete the project. How can
you prove if a contact was formed? Does anexecutory contract exist?

State the
elements of a contract. What possible
defenses can you argue to enforce the contract?
Can the construction company just breach the contact? Why or why not? How could this be a valid, void, or voidable
contract? Could the doctrine of
promissory estoppel apply? Why or why
not?

Question 5
Johnny is 13
years old and purchases a car from Motor Sports. Johnny decides after a few days that he will
keep the car but does not feel like paying for it. What defenses does the car dealership
have? What are the laws of minors when
entering into a contract? Can a minor
just ratify a contract at any point?

Question 6
Two parties have
a dispute over a check as to its authenticity.
How can we prove in court if an instrument like a check or draft is a
proper negotiable instrument? What makes
up a negotiable instrument? Give
examples of a negotiable instrument.

Question 7
McLean orally
agreed to manage several of Orcini’s aerobics studios in Los Angeles for three
years at a salary of $35,000 a year. After six months, McLean decided to quit
her job and move to the East Coast. Orcini had to hire a new manager at a
salary of $38,000 a year. Orcini claimed that McLean was liable for damages of
$3,000 a year for breach of contract until McLean’s original contract expired.
Is Orcini correct in his claim?

Question
8
Pilati signed a
contract to work as a consulting engineer for the Radtech Company Beginning on
January 1st. When Pilati
reported to work on January 1st, he was told that the position of
consulting engineer had been abolished but that he could take a position in the
marketing department. He refused. His contract with the company is discharged
because of a material breach by the Radtech Company. Explain why this is a material breach. Identify what constitutes a breach and
describe any types of breach including anticipatory repudiation.

Question
9
Rosco of Salem,
New York, purchased 2,500 pounds of a good from the Arco Company in Buffalo,
New York. Several boxes were lost in
transit. Rosco will suffer the loss
because risk of loss passed to him when the goods were delivered to the common
carrier at Buffalo. What is the UCC? How does it differ from the common law? When would the UCC apply? Why does the risk of loss apply and what does
it mean?

Question 10
Post, a retailer
of toys, rejected a shipment of dolls from Jasper, a wholesaler, because they
were not the original ones that were ordered.
Post called Jasper and requested that the proper dolls be shipped. Jasper said that he could not because his
stock had been depleted. Post then went to another seller, purchased the
dolls he wanted from that seller, and sued Jasper for the extra costs he (Post)
incurred. In this case, Post used the remedy of cover. List and describe as many remedies as
possible. What are remedies at law
verses remedies at equity? List a few
examples of each type of remedy and name some similarities and differences.

Question 11
Renee made out a
check payable to Dawn. Dawn had the
check certified by First National, the drawee bank, and then endorsed it to
Quatro, who is the present holder. What
effect does certification have on the parties?
First National becomes primarily liable and both Renee and Dawn are
discharged from liability. If this
outcome is correct, why? Explain what
each party is considered (drawee, drawer, indorsee, indorser) and describe what
each means under the UCC. What is a
holder in due course and would it apply in this scenario?