BLAW 3330 Laws of Business Discussion Questions
Assignment ID Number AFFGEHU83939HD Type of Document Essay Writing Format APA/MLA/Harvard Academic Level Masters/University References/Sources 4 References
BLAW 3330 (Business Law)
(1) Which of the following employees would NOT be entitled to FMLA leave?
(a) A man seeking leave to care for his child whom he adopted 6 months earlier.
(b) A woman seeking leave to care for her dying mother-in-law.
(c) A man seeking leave to care for his same-sex spouse who is undergoing cancer treatment.
(d) A woman seeking leave to attend inpatient rehabilitation for alcoholism.
(2) The total image and overall appearance of a product can be protected as its __________.
(3) Its generally said that copyright protection extends only to the ______________ of ideas, not to the ideas themselves.
(4) A well-known computer hacker has created a software program that defeats the encryption programs used by banks to protect their customers financial information. The hacker has violated the statute known as __________________________.
(5) When applying for a design patent, one need not show usefulness; rather one must show ________________.
(6) Entech does not have a written non-disclosure or non-competition agreement with its employee, Veronica. Veronica has taken a job with Entechs competitor, and Entech wishes to prevent Veronica from working for the competitor on the basis that Veronica will undoubtedly disclose the information she gained at Entech, even though there is no evidence that Veronica has taken any particular information. Some courts would enjoin Veronica from working for the new company due to the ________________ doctrine. (18 points)
(1) Sally Johnson, who viewed herself as a classical poet, gave a poetry recital at the University of North Texas at Dallas. At this event, she made up her poems on the spot. Raven Gonzalez, a student with a remarkable memory, returned home afterwards and wrote down from memory one of Sallys extemporized poems. Raven later had it published under the name Reflections. Does Sally have a claim for copyright infringement against Raven?
(2) What three conditions must be satisfied for a work to be deemed a work made for hire (and thus owned by the party who ordered its preparation) when it is prepared by an independent contractor?
(1) Since the 1960s, Aaron Brothers Corporation has used a special shade of yellow-red color on the battery organizers it manufactures for online retailers. In 1990, Adams Products (an Aaron Brothers rival) began selling its own battery organizers to online retailers, and it colored the organizers a similar yellow-red. In 1991, Aaron Brothers registered the special yellow-red color on battery organizers with the U.S. Patent and Trademark Office as a trademark. Aaron Brothers sued Adams Products for trademark infringement. Adams Products argues that the Lanham Act does not permit registering color alone as a trademark. Explain the law that applies to this case and argue whether a trademark violation has been committed.
(2) The owner of the federally-registered trademark SUGAR ROUGE has sued the owner of the mark SUGAR RED for trademark infringement. There has been no actual confusion between the marks. SUGAR ROUGE is used in connection with candy and SUGAR RED is used in connection with cupcakes. Fully discuss whether SUGAR RED infringes SUGAR ROUGE.
(1) Identify the requirements for applicability of the limited exemption to the Employer Polygraph Protection Act for security firms and manufacturers of controlled substances, as well as ongoing investigations by a private enterprise.
(2) What are the private employers defenses for lawsuits brought by employees or applicants under the following Federal statutes?:
(a) Equal Pay Act
(b) Title VII of the Civil Rights Act
(c) Age Discrimination in Employment Act
(d) Americans with Disabilities Act
(1) What are some common types of equity financing? Explain.
(2) What types of collateral may be used in debt financing?
(3) What is the downside of not retaining 51% ownership in your company?
(4) If one uses the WACC formula in financing corporate operations, how is this formula calculated?
(5) What type of bonds base the interest payment on the level of corporate earnings?
(6) The issuance of equity securities is regulated by ___________ and the _______________.
(7) If a shareholder has the right to purchase a pro rata share of any additional stock offering in order to prevent her interest from being diluted, this must be documented in the _______________________.
(8) The type of stock that gives preferred shareholders not only the right to receive dividends first, but also the right to share in the remaining corporate income with the common shareholders is known as ______________________________.
(9) What two tests must be satisfied to prevent insolvency before the declaration and distribution of dividends to shareholders?
(10) What must a shareholder do to compel distribution of a dividend?
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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