i am currently going through some tough times and I do not have enough time to get this done. It’s 2 assignments. First one is an argument paper about DACA (Deferred Action for Childhood Arrivals). I
Name: ____________________________________ Exam #3 – December 16, 2021 100 Points Business Law 225 Professor Clint Barkdoll This is a take home/open book exam. Students may refer to their textbook, handouts obtained in class, and any notes taken in class. Students are expected to answer all questions working individually. This exam must be returned no later than 9:00 p.m. on December 16. The exam should be emai led to Professor Barkdoll. Part I – Multiple Choice, True/False, Short Answer ( 2 points each) 1. In the context of business law, LLC stands for ___________________________ and P.C. stands for _________________________. 2. A fictitious name filing reduces a proprietor’s personal liability for debts and other legal obligations incurred by the business. True or False 3. A new corporation is created by filing articles of incorporation with the federal government. True or False 4. To maintain its valid corporate status, the board of directors for a subchapter S corporation must have an annual meeting. True or False 5. A non -profit corporation is a: a. Corporation that never can make a profit; b. Corporation formed only for charitable purposes; c. Corporation formed for ch aritable, educational, religious or scientific purposes that cannot make a profit; d. Corporation formed for charitable, educational, religious or scientific purposes that can make a profit, although the profit may not be distributed to its members, officers or directors 6. Board members have a fiduciary responsibility to their company. What does fiduciary mean? __________________________________________________________________ _________________________________________________________________. 7. The Pet Rock Corp. is incorporated in Texas, but does business only in Oregon. Pet Rock Corp. would be con sidered: a. a domestic corporation in all 50 states; b. a domestic corporation in Texas, and a foreign corporation in the other 4 9 states; c. a domestic corporation in Texas , a foreign corporation in Oregon and Iowa , and an alien corporation in the other 4 8 states; d. a foreign corporation in Texas, and a domestic corporation in Oregon. 8. A corporation lasts forever, until the owners decide to terminate it. True or False 9. Bylaws govern a limited liability company, whereas an S -corporation would be governed by an operat ing agreement. True or False 10. C corporation profits are subject to federal taxation and C corporation dividends paid to shareholders are also subject to taxes for the person receiving the dividends. True or False 11. When forming a new corporatio n, the chosen corporation name must be available and acceptable to the government. True or False 12. Which of the following would be an acceptable name for a validly formed S corporation: a. ABC Incorporated ; b. ACB LLC ; c. ABC LL P; d. ABC e. None of the above. 13. If a corporate entity is not proper ly acting like a corporation, a plaintiff can attempt to pierce the ___________________, in order to pursue owners of the corporation individually for purposes of a civil judgment. 14. If a company has more than 100 shareholders, it is automatically going to be classified as which of the following: a. S corporation b. C corporation c. Limited liability company (LLC) d. Limited liability partnership (LLP) 15. If an employee is discharged for refusing a Covid vaccination, she is likely ineligible for unemployment benefits. True or False 16. As a general rule, you must be available to work and seeking new employment in order to receive unemployment benefits. True or False 17. Workers comp benefits are typically capped based on a certain percentage of th e injured worker’s pay, and will expire if/when an employee is capable of returning to work. True or False 18. Marcia Wallace is a driver for Newhart Bakery. One day while preparing a bread delivery, she slips and falls inside of the bread truck. She has v arious injuries to her neck and back. Wallace would likely have a successful course of action by pursuing which option(s): a. sue Newhart Bakery for damages; b. file a workers compensation claim against Newhart Bakery; c. sue the manufacturer of the bread truck; d. all of the above; e. both a and b 19. Federal OSHA vaccine mandates for employers with 100 or more employees were recently deemed illegal in the U.S. True or False 20. Someone at least 16 years of age can work unlimited hours in a nonhazardous job. True or False. 21. Which of the following events would be covered under the Family Medical Leave Act: a. birth of a child; b. adoption of a child; c. care for a spouse, child, or par ent with a serious health problem; d. a marriage e. all of the above f. a, b, and c only 22. Bankruptcy courts are part of the federal court system. True or False 23. A person in bankruptcy is protected by the automatic _______, which prevents creditors from trying t o collect the debt , while the bankruptcy is pending . 24. Ivan acquires 5% of Tesla’s stock and has intentions to seek seats to the board. Ivan must file a Schedule ____ with the SEC. 25. Race and color are not separate classes under Title VII of the Civil Rights Act of 1964. True or False 26. Under the Civil Rights Act of 1964, employers must accommodate all religious observances of their employees. True or False 27. It would be a violation of the Civil Rights Act of 1964 to hire or fire someone based on their hair color. True of False 28. The Age Discrimination Act applies only to employees who are 50 years old or older. True or False 29. In determining whether an accommodation is “reasonable” under the Americans with Disabilities Act, an employer’s size an d financial resources are irrelevant. True or False 30. Name the U.S. governmental agency which has primary responsibility for enforcing claims of employment discrimination:_______________________. 31. In a “hostile work environment” sexual harassment claim, th e employer will have a successful defense if the employer can demonstrate that: a. the employer took reasonable care to prevent or correct the conduct, and the employee did not take advantage of corrective or preventive opportunities of the employer to remedy the situation; b. the employee was offended by the conduct that the employer in good faith did not consider to be offensive; c. there were no adverse consequences to the employee’s work status, such as a demotion or denied promotion; d. the employee stands to gain personally if the individuals engaging I the sexual harassment are reprimanded 32. To be deemed disabled under t he Americans with Disabilities Act , an employee would generally need to demonstrate what: _________________________________________________ _______________________ _______________________________________________________________________. 33. An employer could fire an employee who is in a protected class, as long as the reason for the firing is not because of the employee’s protected class. True or False 34 . The UN Security Council has only five permanent members. True or False 35 . The Commerce Clause of the U.S. Constitution grants the United States Congress the power to regulate commerce with foreign nations. True or False 36. Treaties are: a. made by the President and ratified by a 2/3 majority of the U.S. House of Representatives; b. made by the President and ratified by a 2/3 majority of the U.S. Senate; c. made by the President and ratified by a 2/3 majority of both the U.S.Hous e and the U.S. Senate; d. made by the President and not subject to approval by the House or the Senate 37. The International Court of _________, located in ______________ is the judicial arm of the United Nations, which can hear disputes between different nati ons. 38. The European ______ __ is a group of European counties who share political and economic interests. 39. Name any 2 treaties which the United States is part of: ____________________ _____________________________________. 40. Name any 3 sources of internat ional law:________________________________. 41. Name the primary immigration enforcement agency of the United States government: ______________________________________. 42. For diplomatic immunity to apply, which of the following is true: a. The diplomat must not have a prior criminal record; b. The receiving head of state grants immunity on the condition that the immunity is provided on a reciprocal basis; c. Most member nations of the UN don’t recognize diplomatic immunity; d. Diplomatic immunity only applies if the d iplomat can also be prosecuted in his or home county 43. If someone is born in the United States, he or she is not considered a U.S. citizen, if the birth parents are both illegal immigrants. True or False 44. Name 2 of the 3 reasons for which someone can be is sued a valid visa in the U.S.: ____________________________________________________________. 45. Jeffrey enters Wilson College on a student visa, which expires on December 15. If Jeffrey stays in the U.S. after December 15, he is an illegal immigrant. True or False. 46. Salena posts a photo of the cover of a Pink Floyd album on her Facebook page, without the permission of Pink Floyd. Salena has likely violated federal copyright law. True or False 47. Name the primary law in the U.S., which provides bro ad legal protections to social media companies for content posted to the platform: ________________________________________________________________. 48. The person who posts materials to a social media web site is also the exclusive owner of the content conta ined on his or her page. True or False 49. Terms of use for social media platforms may allow access to your camera, microphone, contacts, and other information on your mobile device. True or False 50. A juror in California live tweets during a trial and d uring the jury deliberation process. This juror could be arrested and charged criminally for tweeting during the trial. True or False Part II – Short Essay ( 5 points each). Each answer should not exceed one page (typed, double spaced). Some answers may require much less than a full page. You may attach typed pages for your response to each question. Question 1 When a corporation is formed, it must act like a corporation too. Name at least 2 things a corporation must do on an ongoing basis in order to maintain its corporate status. Also, what happens if a corporation fails to properly act like a corporation? Question 2 Nipsey Russell enjoys posting informati on on his Facebook page. On Monday, he posted pictures of people waiting in line to get on the Family Feud game show. Under the photos, Russell wrote: “Look at these losers. I already got my ticket to Family Feud.” On Tuesday, Russell posted: “The Fam ily Feud is rigged. I lost and it was because the host, Richard Dawson, fixed the questions so I would lose. Dawson hates men and he’ll do anything to make sure men never win the game.” On Wednesday, Russell posted: “I don’t need Family Feud’s money. I just stole $10,000 from my neighbor’s bank account.” Based on these posts, has Russell committed any crimes or torts? Would there be any civil claims against Facebook in this situation? Question 3 Sonny and Brenda are residents of Canada, but both wo rk at General Hospital in Port Charles, New York. Both entered the U.S. on January 1, 2018 under a 3 year work visa program for specialized workers. On July 1, 2020, Sonny quit his job and traveled around the U.S. He returned to Canada in October 2021. On January 2, 2020, Brenda moved to California to work in a surf shop. She has remained in the U.S. to this day. Based on these facts, has either party broken immigration laws? Question 4 Vicki Lawrence works on the assembly line at Match Game Technol ogies. Vicki’s religion requires her to bow towards Los Angeles for 5 minutes at time, once every 3 hours. Vicki’s boss, Gene Rayburn, threatens to fire her based on her need to take these breaks every 3 hours. What legal issues would support Vicki’s cas e? What defenses could Rayburn raise? Question 5 Briefly discuss the differences between Chapter 7, Chapter 13, and Chapter 11 bankruptcies.
