1. The more laws that govern business activities, the more costs and uncertainty businesses confront. Describe two ways in which states and the federal government try to create a legal environment helpful to businesses.
2. State court systems typically provide, in addition to courts of general jurisdiction, courts of limited jurisdiction that deal with specific issues. Name and briefly describe the function of four such courts.
3. In order to get jurisdiction over a plaintiff, the court must be able to serve a summons on the defendant.
a. Describe some of the methods that may be used to serve a summons.
b. If the defendant is an out of state resident, special issues arise. Explain what rules of fairness govern out of state defendants and any special rules for extending the courts authority beyond state boundaries.
4. The United States has a compelling interest in keeping unfriendly nations from gaining access to materials that are militarily or commercially sensitive. It also has a significant interest in encouraging the sale of U.S. goods abroad. Explain how these interests are balanced in the different procedures the government uses to control exports. Be certain to include an explanation of the sanctions that can be brought against businesses that violate export regulations.
5. Bob and Jim are starting a business that builds cabinetry for pre-fabricated homes. They would like to know what form of business organization they should select for their new enterprise. They will need to attract additional investors and secure bank loans to meet their startup costs. Please explain to Bob and Jim (1) the advantages and disadvantages of doing business as a standard corporation and (2) the advantages and disadvantages of doing business as a LLC.
6. Discuss the law protecting trade secrets. Be sure to address (1) why society thinks it important to protect trade secrets, (2) what constitutes a trade secret, and (3) what steps a business must take to assure that its trade secrets remain legally protected.
7. Please identify and discuss the three classifications of bailments and give an example of each. Be certain to include in your discussion:
a. The terms for the parties to the bailment
b. The duty of care required in each type of bailment
c. Which party in a bailment has title to the property
8. Please discuss the purpose of patent law and the protections it affords intellectual property. Be certain to include in your discussion:
a. The kinds of intellectual property protected by patent law
b. The procedures for getting a patent
c. The remedies for a patent holder when a patent is infringed upon
1. Discuss the attorney-client privilege. Be certain to address
(1) the purpose of the privilege
, (2) the communications that are covered by the privilege, and
(3) how the privilege can be lost.