Fundamental of Business Law Copyright Rules

QUESTION 1

1. “Dawn” is a song included in the sound track of “eDay,” a movie produced and distributed by FasTrac Corporation. The song features a digital sampling of a few seconds of the guitar solo of one of George Harrison’s copyrighted sound recordings without permission. Does this digital sampling constitute copyright infringement on the part of FasTrac? Explain.

1. Americans with a Better Cause (ABC), a nonprofit organization, files a suit against the U.S. Department of Justice (DOJ), claiming that a cer-tain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with a state constitution. In each situation, which source of law has priority?

QUESTION 3

1. Beta Software Company and Gamma Sales Corporation agree to follow a certain security procedure in transacting their business online. Beta fails to follow the procedure, however. Due to this failure, Beta does not detect an error in the deal, which will have a negative impact on Gamma’s interest in the deal. Can Gamma avoid the effect of this error? How?

QUESTION 4

1. Brock is a shareholder of Competent Homebuilders Corporation (CHC). For the last few years, business has not been profitable for CHC. The firm has lost money on its operations. There has been some profit through sales of company assets, but the board of directors has refused to declare a dividend. This last year, the firm’s accountants failed to file fed-eral in-come tax returns and the board refused to pay the tax. Brock takes a close look at the firm and protests to the board, in particular over the fail-ure to declare a dividend, but the board ignores the complaint. Which of these events, if any, would form a ground for a court to order the dissolu-tion of CHC, on Brock’s petition? If the court denies the petition, could Brock and the other shareholders dissolve CHC?

QUESTION 5

1. Cody signs and returns a letter from Dora, referring to her sale of the Bar-D Ranch and its price. When Cody attempts to complete the deal, Dora re-fuses, claiming that they have no con-tract. Cody claims they do. What standard determines whether these parties have a contract?

QUESTION 6

1. College Copy Shop (CCS) compiles, copies, and sells reading materials to students. The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students. The copied materials include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of their intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS’s likely defense? How is a court most likely to rule? Explain.

QUESTION 7

1. Cutter Company makes and sells table saws, which are designed to be safe if used properly. Erin buys a Cutter saw and lends it to her neighbor Frank. To reach a toolbox on a high shelf in his garage, Frank props the saw at an angle against a cabinet and climbs onto the saw. Frank loses his footing, slips off the saw, falls on the blade, and is injured. He files a product liability suit against Cutter, on the ground of negligence. On what basis could the maker prevail?

QUESTION 8

1. Ed, a businessperson, is a friend of Fran, the owner of a Percolated Coffee & Baked Goods store. Every day, Ed spends five minutes in Fran’s store, looking at the goods and usually buying one or two cinnamon buns or bagels. One afternoon, Ed goes into the store, looks at the items, and picks up a $1 chocolate brownie. Ed waves the brownie at Fran without saying a word and walks out. Is there a con-tract? If so, how would it be classified in terms of formation, perform-ance, and enforceability?

QUESTION 9

1. General Equity Corporation enters into a contract with Honi, who agrees to create artwork for General’s main office building. Honi delays and eventually refuses to perform. Meanwhile, General contracts to sell the building to Ideal Investments, Inc., but before the transaction is complete, Jewel Funds Company offers to pay a higher price. General re-fuses to transfer the building to Ideal. In separate suits by General against Honi and by Ideal against General, each plaintiff seeks specific performance. How might the court rule in each case, and why?

QUESTION 10

1. In 2005, Hawk Corporation begins making and selling electric motorcycles under the mark “Hawk.” Ten years later, Hawk.com, Inc., a differ-ent company selling medical equipment and supplies, begins to use “hawk” as part of its URL and registers it as a domain name. Can Hawk Corporation stop Hawk.com’s use of “hawk”? If so, what must the motorcycle-maker show?

QUESTION 11

1. In a dispute between Cosmic Games Corporation and Mythic Engineering Associates, Inc., the court applies the doctrine of stare decisis.What is this doctrine? What does this doctrine have to do with the American le-gal system?

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QUESTION 12

1. In the following situations, two parties claim the same goods. Who is most likely to prevail in each circumstance? Explain.(a) Olan steals Phil’s television set and sells it to Quincy, an innocent purchaser, for value. Phil learns Quincy has the set and demands its return.(b) Riley takes his television set for repair to Slick, a merchant who sells new and used television sets. By accident, one of Slick’s employees sells the set to Tuna, an innocent purchaser-customer, who takes possession. Riley wants his set back from Tuna.

QUESTION 13

1. Mitch is a director and officer of Numero Uno, Inc. Mitch makes a market-ing decision that results in a dramatic decrease in profits for Numero Uno and its shareholders. The shareholders accuse Mitch of breaching his fiduci-ary duty to the corporation. What is Mitch’s best defense against this ac-cu-sation? Later, the Numero Uno board considers a resolution for the firm to compete with One-of-a-Kind Corporation. Mitch is a director and shareholder of One-of-a-Kind. What is Mitch’s responsibility in this situation?

technology’s individual/sociological impacts

Instructions

As you have explored in this unit, advancements in technology can have both individual and societal impacts. However, the impacts experienced by an individual are different than those experienced by society. Consider energy. The advent of new technologies to switch from fossil to renewable fuels may lead to loss of income, poverty, and homelessness. This can impact individual emotions, mental health, the sense of well-being, increased substance abuse, and changes in cognitive function; in contrast, technology may impact society and lead to changes in social mobility, public health, crime rates, social cohesion, and political stability.

In this assignment, you are asked to write an essay that includes your analysis of the chosen technology’s individual/sociological impacts. You may choose any recent (last 10 years) technological advancement to complete this assignment. Some areas to consider:

• Communication
• Transportation
• Energy
• Medicine
• Education

Your completed essay will include at least one paragraph for each of the following:

1. Description of the technological advancement chosen
2. Explanation of your choice of technological advancement
3. First individual impact with one (1) external reference
   • Choose from the following:
     • Emotions
     • Mental health
     • Sense of well-being
     • Substance use
     • Cognitive functioning
4. Second individual impact with one (1) external reference
   • Choose a different impact from the individual list.
5. First sociological impact with one (1) external reference
   • Choose from the following:
     • Social mobility
     • Public health trends
     • Crime rates
     • Social cohesion
     • Political stability
6. Second individual impact with one (1) external reference
   • Choose a different impact from the societal list.
7. Your analysis of how these impacts are similar and how they are different based on whether they are individual or societal means supporting your analysis with existing sources or, as needed, new ones.
8. Your analysis of how the individual impacts influence the societal ones will support your analysis with existing sources or, as needed, new ones.
9. A summary of what you have learned about the difference between the individual and the societal impacts of technological change, use internal sources* as needed.

*Note that an internal source is anything you use from the course content.

Be sure to use appropriate sources for the external references required for this assignment.

federal statute that is currently in the news.

1. Statute Presentation
2. The Compassionate Access Research Expansion and Respect States
   Choose any federal statute that is currently in the news. You will have to research that statute and at least two court cases pertaining to the statute. Then, prepare a PowerPoint Presentation addressing the following:
   1. Provide a summary perspective of the statute.
   2. From the two cases relevant to the statute you researched, analyze and evaluate each case separately by providing the following (about two paragraphs per case):
      • Facts of the case.
      • Issues.
      • Rule.
   3. Identify and discuss the legal ramifications and violations of any legal subjects and/or decisions related to any constitutional principles and/or administrative agency.
   4. Make an argument for or against the statute. Discuss and persuade the audience of your position as a public administrator for or against it.
   5. Your assignment must:
   • Include at least eight PowerPoint slides, with two devoted to each of the topics in items 2–4 above. Slides should abbreviate the information in no more than 5–6 bullet points each.
   • In the Notes View of each PowerPoint slide, incorporate the notes you would use when presenting the slides to an audience.
   • Slide titles should be based on the criteria described above (e.g., “Four Major Changes,” “Major Court Cases,” etc.).
   • In addition to the eight content slides required, a title slide and a reference slide are to be included. The title slide is to contain the title of the assignment, your name, the instructor’s name, the course title, and the date. The reference slide should list, using the SWS guidelines, the sources you consulted in writing the paper.
   • This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.The specific course learning outcomes associated with this assignment are:
   • Make a persuasive argument for or against a federal statute.
3. By submitting this paper, you agree: (1) that you are submitting your paper to be used and stored as part of the SafeAssign™ services in accordance with the Blackboard Privacy Policy; (2) that your institution may use your paper in accordance with your institution’s policies; and (3) that your use of SafeAssign will be without recourse against Blackboard Inc. and its affiliates.
4. Institution Release Statement

NURSING- Clinical Decision Support

Module Assignment: Clinical Decision Support Systems Learning Outcomes:

1. Identify trends in nursing that impact the use of Informatics.
2. Explore the use of informatics in nursing research and how clinical decision support systems impact nursing care.
3. Analyze leadership and collaborative practice strategies that foster mutual respect and shared decision making.

Questions:

Part 1) Think if a nursing diagnosis that interests you. Then, conduct an internet search using your chosen nursing diagnosis as the search topic. Locate at least three internet resources that pertain to your topic, then review the sites and write a three or four sentence summary of each that includes the following:

1. Appropriateness of content
2. Reliability of content (sources cited within site, anecdotal vs. evidence-based practice)
3. Links included within the website.

Part 2) Locate three internet-based Cancer screening tools that could be included in an HER, such as EPIC or Connect Care

1. In your own words, how will clinical decision support systems improve outcomes for a patient diagnosed with cancer?
2. What would be the benefits of including reminders for cancer screening for healthcare providers and to patients (such as the sepsis screening tool that pops up in EPIC or Connect Care)

Rubric

See attached below for instructions detail and  Assignment Grading Rubric