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MGMT 520 Midterm Exam 3

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MGMT 520 Week 5 Midterm Exam 3

1. (TCO B). Infuriated when Harry Reid is re-elected during the 2010 fall election, the Republican National Committee decides to take matters into its own hands. In 2011, the House of Representatives passes a new "Freedom isn't Free Act" that requires that anyone who wants to vote in the 2012 presidential election must prove that they paid at least $200 in federal income tax in the past year, including people aged 18 (who typically are deducted on their parents' returns and do not pay income tax). ..........The law sunsets on December 31, 2012. List two bases under which someone impacted by this law could argue to have the law overturned. (Points : 15)

2. (TCO F). In Midler v. Ford Motor Co., Bette Midler sued Ford for unauthorized appropriation. Explain what appropriation is. Tell me what type of civil claim appropriation is and what a person has to prove to win damages for it. (short answer only) (Points : 15)

3. (TCO C) One summer, David Baxter and his wife, Melissa, were on their new boat with another couple, tubing on the Mississippi river. David and the other couple had been drinking all day, "about seven or eight beers each and some Crown Royal," although Melissa wasn't drinking due to being pregnant. .......... "CAUTION: Deck areas and swim platform are slippery when wet. Passengers must be careful when passing through companionway to prevent accidental slipping or tripping. Passengers should wear adequate deck shoes at all times to prevent accidental slipping. Passengers must stay off swim platform while underway to prevent falling overboard." No warnings existed, however, in view of the passengers on the boat. (25 points) What potential legal theories of recovery can and should Melissa allege against the following parties (provide support for your answer)? I. The boat manufacturer II. The boat seller III. The coast guard (15 points) What legal theories of defense can and should each of the above three parties use? Provide support for your answer. (Points : 40)

4. (TCO D): (This is a fictional scenario.) Billy Joel decided he wanted to learn to play the violin for his next set of concerts. He called a violin salesman in New York and asked if he had any for sale. The salesman stated he had a Stradivarius and a Guarnerius (two famous brands of violins) and offered to sell them to Billy for $80,000 and $24,000, respectively............. She gave him a bill of sale that she wrote out on a note pad on the counter, which said, "Paid in full. Strativarus and Granruius violans. $65,000. Chk # 4301 Billy Joel. Salesperson: Margaret Madoff." The notepad was one she had brought home from their last vacation to Las Vegas and was from The Flamingo hotel there. Billy took home the violins and proceeded to learn to play, albeit very poorly............ He wants to countersue the salesman and asks you on what basis can he do so. Using contract, agency, and any other legal concepts you have learned this session, on what bases can Billy sue the salesman and his wife? What defenses will they have? Do you think Billy can recover? Further, will Margaret's husband (his name is Bernard) be able to collect against Billy for the difference in price from the original deal? Explain your answer fully as to the why's, wherefore's, and why not's for both parties. Use bullet points and "issue spotting" to assist you in your answer. (Points : 40)

5.(TCO I). Marianne Jennings wrote an article, "Why an International Code of Ethics would be good," which was assigned to be read at the beginning of the course. As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read Marianne's article and can apply her theories and thoughts from that article to the scenario provided. Feel free to rely on the information you know about the situations (if real) or analogize to another one, if you wish. Include in your answer at least two specific concepts from Marianne's article, and apply those concepts to your reasoning in your answer. You will be graded on your knowledge of the article as well as the application of ethical theories to international situations..................... Evaluate, analyze, and synthesize your answer using everything you have learned this session about ethics, law, politics, and business. (Points : 40)

6. (TCO A). Use the fact pattern you received in the above Marianne Jennings "International Code of Ethics" question to answer this question. Analyze and propose a solution to the problem you received above using the Laura Nash method. Show the steps, apply the facts, and provide a proposed solution you would suggest. (Points : 40)

MGMT 520 Week 5 Midterm Exam 3 1. (TCO B). Infuriated when Harry Reid is re-elected during the 2010 fall election, the Republican National Committee decides to take matters into its own hands. In 2011, the House of Representatives passes a new "Free
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