1-Instructions

Respond to the Discussion Question posted by your instructor (by Thursday) and respond to at least two peer’s posts (by Sunday).

At times, governments may need to acquire private property to be used for governmental purposes. For example, when the government needs property to build a new school or a firehouse, or to construct a road or freeway, it may need to acquire the necessary property from private landowners. The Takings Clause of the Fifth Amendment to the U.S. Constitution provides the government with this power. Private property can only be taken for public use. The Just Compensation Clause of the Fifth Amendment to the U.S. Constitution requires the government to compensate the property owner when it takes private property.

This process is called eminent domain

Find a story in the news about a case where the government took property from an individual and discuss whether it was legal or not.

Share your personal thoughts on this practice.

2-Instructions

Complete the assignment posted by your instructor.

Pursuant to enabling statutes, two federal administrative agenciesthe Federal Trade Commission (FTC) and the Federal Communications Commission (FCC)created the national do-not-call registry. The national do-not-call registry is a list that contains the personal telephone numbers of telephone users who have voluntarily placed themselves on this list, indicating that they do not want to receive unsolicited calls from commercial telemarketers. Commercial telemarketers are prohibited from calling phone numbers that have been placed on the do-not-call registry. Telemarketers must pay an annual fee to access the phone numbers on the registry so that they can delete those numbers from their solicitation lists. The national do-not-call registry restrictions apply only to telemarketers calls made by or on behalf of sellers of goods or services. Charitable and fundraising calls are exempt from the do-not-call registrys restrictions. Persons who do not voluntarily place their phone numbers on the do-not-call registry may still receive unsolicited telemarketers calls.

Mainstream Marketing Services, Inc., and other telemarketers sued the FTC and the FCC in several lawsuits, alleging that their free speech rights were violated and that the do-not-call registry was unconstitutional. The FTC and FCC defended the list, arguing that unsolicited telemarketing calls constituted commercial speech that could properly be regulated by the governments do-not-call registrys restrictions. The separate lawsuits were consolidated for appeal. Mainstream Marketing Services, Inc. v. Federal Trade Commission and Federal Communications Commission, 358 F.3d 1228, 2004 U.S. App. Lexis 2564 (United States Court of Appeals for the Tenth Circuit, 2004)

• What is commercial speech?
• Are unsolicited telemarketing calls commercial speech that is constitutionally regulated by the do-not-call registry restrictions?
• Do telemarketers act ethically in calling persons with their promotions and sales pitches?
  

  3-Instructions

  Respond to the Discussion Question posted by your instructor (by Thursday) and respond to at least two peer’s posts (by Sunday).Facts
  Nortons Country Corner (Nortons) is a cowboy bar located in Queen Creek, Arizona. The bar is owned by McDade & Sons, Inc., which is owned 100 percent by Nancy McDade. McDade is its sole officer and director. Live bands play country-and-western music at Nortons on various nights of the week. Certain copyright owners of music have authorized Broadcast Music, Inc. (BMI) to license the use of their copyright songs to broadcasters and to owners of concert halls, restaurants, and nightclubs for live performances of the copyrighted music. BMI attends public performances of music to determine whether any copyrights it is authorized to license are being performed without such license.One night, a BMI representative attended a live band performance at Nortons bar and recorded the songs played by the band that night. The audio recording showed that 13 copyrighted songs that BMI was authorized to license were played by the band at Nortons without the required license. BMI sued McDade & Sons, Inc. and Nancy McDade in U.S. district court for copyright infringement. The defendants argued they had not committed copyright infringement and that copyright law did not apply to owners of small establishments.Issue
  Are the defendants liable for copyright infringement?Language of the Court
  The Copyright Act gives the owner of a copyright the exclusive right to publicly perform, or authorize others to perform, the copyrighted work. Any person who violates this exclusive right is an infringer. Lack of authorization is established by the undisputed fact that defendants were not licensed by BMI to perform plaintiffs copyrighted musical compositions. Defendants contend that the copyright laws are unfair to small bar owners struggling to get by week by week. Defendants seek an exemption from complying with the Copyright Act, but have not cited any authority for such an exemption. The record reflects that defendants infringements were knowing and willful.Decision
  The U.S. district court held that the defendants had engaged in copyright infringement and awarded $39,000 in damages, attorneys fees, and costs to the plaintiffs, and issued a permanent injunction against the defendants infringement of copyrighted musical compositions licensed by Broadcast Music, Inc.Critical Legal Thinking Questions
  Should small-business owners of bars and other establishments be free from copyright laws?How many restaurants, bars, and other establishments play copyrighted music without the copyright owners permission?Find and share a case where an establishment was fined or sued for playing copyrighted music without permission.

  4-Instructions

  Complete the assignment posted by your instructor.Facts
  After substantial research and expenditure of money and resources, Myriad Genetics, Inc. (Myriad), discovered the precise location and sequence of two naturally occurring segments of deoxyribonucleic acid (DNA) known as BRCA1 and BRCA2. Mutations in these genes can dramatically increase a females risk of developing breast and ovarian cancer. The average American woman has a 12 to 13 percent risk of developing breast cancer, but in a woman with the genetic mutations discovered by Myriad, the risk can range between 50 and 80 percent for breast cancer and between 20 and 50 percent for ovarian cancer. Before Myriads discovery of the BRCA1 and BRCA2 genes, scientists knew that heredity played a role in establishing a womans risk of developing breast and ovarian cancer, but they did not know which genes were associated with those cancers. For women who are tested and found to have the dangerous mutations of BRCA1 and BRCA2, medical measures can be taken to reduce the risks of breast and ovarian cancer developing.Myriad obtained a patent from the U.S. Patent and Trademark Office based on its discovery. The Association for Molecular Pathology sued Myriad, seeking a declaration that Myriads patent was invalid. The U.S. district court held that Myriads claim was invalid because it covered a product of nature and was therefore not patentable. The Federal Circuit Court of Appeals held that the isolated DNA was patent eligible. The U.S. Supreme Court granted review.Issue
  Is a naturally occurring segment of DNA patent eligible?Language of the U.S. Supreme Court
  Laws of nature, natural phenomena, and abstract ideas are not patentable. It is undisputed that Myriad did not create or alter any of the genetic information encoded in the BRCA1 and BRCA2 genes. The location and order of the nucleotides existed in nature before Myriad found them. Nor did Myriad create or alter the genetic structure of DNA. Instead, Myriads principal contribution was uncovering the precise location and genetic sequence of the BRCA1 and BRCA2 genes. Myriad did not create anything. To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention.Decision
  The U.S. Supreme Court held that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated. The U.S. Supreme Court reversed the decision of the Federal Circuit Court of Appeals on this issue.Critical Legal Thinking Questions
  Will the Supreme Courts decision affect the amount of research that is conducted to find naturally occurring disease-causing DNA sequences?Should Myriad be compensated by the government for its research costs?

Assignment

Suggested Length: 750 to 1000 words

Ethical Theories to Apply for Assignment 2: Golden Rule and Virtue Ethics

You are to consider, discuss, and evaluate both ethical theories and then choose the best one on which to base

your recommendations. Explain why it is the best choice.

You may reuse your facts and issues from Assignment 1

For assignment 2, prepare a memo, setting out your analysis and recommendations, that

considers ONLY the following two theories: Golden Rule and Virtue Ethics. Choose the best

theory on which you base your recommendation and explain why it is the best.

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Instructions
Week Three Learning Activity General Instructions for Learning Activities Read/watch all assigned materials listed for the week in the Course Content Cite to assigned materials in all responses in Learning Activities Use only assigned materials to complete Learning Activities; do not use the internet unless otherwise instructed Include in-text citations and a Reference List for in-text citations Write in correct, complete sentences, in paragraph format unless otherwise instructed Submit Learning Activities to Assignment Folder Tips for Formatting and Structuring Analysis: Write in complete sentences in paragraph format. Use in-text citations citing to relevant assignment materials. Double-space; 12-point Arial or Times Roman font. Introductory Sentence: Begin with an introductory sentence or very brief paragraph that states your conclusion to the questions asked. Concluding Sentence: End the discussion with a concluding sentence or a very brief paragraph that summarizes your conclusion/what you discussed. Support Arguments and Positions: Please refer to the module in Content, “How to Support Arguments and Positions”. Learning Activity: due 11:59 pm ET, Saturday Background Facts You Need To Know: TLG has scheduled another meeting with the Viral Clean (“Clean”) owners to further discuss the risks and liabilities of tort law. This meeting will focus specifically and only on product liability. Winnie and Ralph asked you to participate in the Clean meeting and be prepared to discuss specific product liability risks related to Clean’s use and resale of EPI cleaning products. EPI is a manufacturer of environmentally friendly products. Instructions Report You Need To Prepare: Write a summary report addressing the following questions to use as a basis for discussion in Clean’s meeting with TLG and to educate Clean’s owners about potential risks and liabilities under product liability law. Your report must focus only on product liability law. A: Discuss what a plaintiff would need to show using the negligence theory of product liability against Clean and compare this to what a plaintiff would need to show in a strict product liability claim against Clean for reselling EPI cleaning products. B: Recommend specific actions that Clean could take to reduce its liabilities under negligence and strict product liability law for reselling EPI cleaning products. DO NOT discuss the warranties liabilities Clean could face, Warranties will be addressed in the Discussion this week. Tips for Formatting Report: The report should use the following format REPORT TO: Winnie James, Ralph Anders FROM: (your name) DATE: RE: EPI and Clean Product Liability A. B.
Due on Feb 28, 2026 8:59 PM
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Rubric Name: BMGT 380 Learning Activities =50) – Spring 2023 ORT

Criteria	Outstanding	Above Standards	Meets Standards	Approaching or Does not meet Standards	Criterion Score
Learning Activity Analysis	30 points Demonstrates critical analysis, in-depth and comprehensive development of concepts, accurately identifies all issues and their application to facts. Shows clear evidence of having read course materials and applying them to support conclusions. Range: 27 – 30	26.9 points Demonstrates generally superior critical analysis, relatively in-depth and comprehensive development of concepts, accurately identifies most -not all – issues and their application to facts. Some evidence of having read course materials and applying them to support conclusions. Additional development and more comprehensive analysis needed. Range: 24 – 26.9	23.9 points Demonstrates some to minimal critical analysis and insight into concepts and issues, and their application to facts. Analysis is largely superficial in one/more areas and sufficient only to meet minimum requirements of learning activity with little evidence of insight and/or support for conclusions. Range: 21 – 23.9	20.9 points Does not meet minimal requirements for assignment. Little to no critical analysis, comprehensive development of concepts and issues and their application to facts. Little to no support for conclusions. Inferior in all areas. To a substantial degree, content does not reflect students own original thinking and composition. Range: 0 – 20.9	Score of Learning Activity Analysis, / 30
Writing Clarity & Mechanics	5 points Demonstrates clear, organized, specific comments presented in an easy to read style that is free of grammatical, spelling, and mechanical errors. Range: 4.5 -5	4.4 points Demonstrates generally clear, organized, specific comments with minor errors in grammar, and/or spelling, and or mechanics. Range: 4 – 4.4	3.9 points Demonstrates generally satisfactory clear, specific comments with errors in grammar, and/or spelling, and/or mechanics. Range: 3.5 – 3.9	3.4 points Presentation lacks organization, clarity, accuracy with little to no evidence of proofreading or attempt at applying proper writing mechanics. Range: 0 – 3.4	Score of Writing Clarity & Mechanics, / 5
APA Citation format Usage	10 points Posts contain the appropriate APA intext citations with Reference list in proper format. No errors are present. Range: 9 – 10	8.9 points Attempts intext citations and Reference list but some errors in formatting exist; paraphrasing is not accurate or in-text citations are omitted where citations are warranted. Range: .8 – 8.9	7.9 points Attempts intext citations or Reference list but omits one or the other. Intext citations or Reference list reflect significant errors or citations omitted where citations are warranted. Range: 7 – 7.9	6.9 points No evidence of APA usage. Range 0 – 6.9	Score of APA Citation format Usage, / 10
Adheres to Instructions	5 points Fully follows instructions; completes all required parts of the Learning Activity. Range: .4.5 -5	4.4 points Follows most, instructions, and/or attempts most required parts of the Learning Activity. Range:4 – 4.4	3.9 points Follows some instructions but completes all critical parts of Learning Activity. Range: .3.5 – 3.9	3.4 points Fails to follow instructions and, as a result, fails to complete required parts of Learning Activity. Range: 0 – 3.4	Score of Adheres to Instructions, / 5

TotalScore of BMGT 380 Learning Activities =50) – Spring 2023 ORT,

/ 50

Overall Score

You must post to the discussion board in order to view your classmates posts. A grading rubric is attached assist students in criteria for effective discussion postings.

Discussion Introduction:

We will look in more detail at the “objective theory of contract formation” in this discussion. In contract formation there has been a question of whether a parties’ insincere or joking intent could create a valid binding contract. The famous case that looked at this was Lucy v. Zehmer. In the module reading there is a link to the case and other explanatory materials. The court stated: “The mental assent of the parties is not requisite for the formation of a contract. If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party.” (https://en.wikipedia.org/wiki/Lucy_v._Zehmer)

In this discussion we will look at the concept of assent in the formation of contracts and review an outcome that relied on how this is defined in the law.

Instructions and points:

Review the Facts below:

In the trial court:

“Defendant A. H. Zehmer and his wife, Ida S. Zehmer, owned a tract of land of 471.6 acres (190.8 ha) in Dinwiddie County, Virginia, known as the Ferguson Farm. Plaintiff W. O. Lucy had known Zehmer for many years and had previously expressed interest in purchasing the farm. Some years prior to the case, Zehmer had orally agreed to sell the farm to Lucy but later reconsidered and declined to complete the sale.

On December 20, 1952, Lucy entered the restaurant owned by Zehmer with a bottle of whiskey in his hand. Lucy and Zehmer consumed a significant quantity of distilled spirits and discussed the possible sale of the farm. Zehmer wrote on the back of the restaurant’s receipt stating, “We hereby agree to sell to W. O. Lucy the Ferguson Farm complete for $50,000.00, titlesatisfactory to buyer”. The note was signed by Zehmer and his wife.

Zehmer later alleged that his wife had initially balked at his request that she sign the instrument, but she relented when Zehmer assured her that his intent to sell the farm was merely in jest.

The next day, Lucy spoke to his brother, J.C. Lucy, about the purchase, and he hired an attorney to examine the title. After the attorney assured Lucy that the title was clear, she wrote a letter to Zehmer asking when he intended to close the deal. In his reply, Zehmer insisted that he had never intended to sell the farm and that the note signed by him and his wife was written in jest, consistent with the jovial atmosphere and drunken camaraderie the parties were sharing that evening.

Zehmer claimed on the witness stand that the circumstances were such that Lucy should have known he was too inebriated to agree to the sale. Depositions were taken, and the decree appealed from was entered. It held that the complainants had failed to establish their right to specific performance, and it dismissed their bill.”

The Higher Court reversed and held:

“Archibald C. Buchanan, who had served on the Supreme Court of Virginia since 1946, wrote for the unanimous court, holding that the record suggested that Zehmer was not intoxicated to the point of being unable to comprehend the nature and consequences of the instrument he executed. The circumstances surrounding the transaction were such that Lucy was justified in believing that it was a serious business transaction, rather than a mere jest. On the latter point, Buchanan quoted from the Restatement (First) of Contracts:

The mental assent of the parties is not requisite for the formation of a contract. If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party.

Buchanan further held that specific performance was the proper remedy for the plaintiff.”

Source:

PART 1: Students Post

Please provide typed responses submitted in BlackBoard Module Discussion. Address each question and answer in complete sentences. Be sure to answer all parts of each question. You may need to refer to your textbook, the Internet and other resources in order to fully address the questions.

1. Define a Contract

2.List and explain the required elements for a valid, enforceable contract.

3.What contractual element was in question in this case?

4.How did the court resolve the issue? What legal remedy was applied?

5.Based on these facts, do you agree with the outcome of the case? What facts if changed do you beleive might have changed this outcome?

PART 2: Sources and Citations

In order to explore the broader world and current setting for class concepts and academic questions, students are required to conduct independent outside research in order to complete each discussion and assignment.

In a professional and academic setting it is always important to give credit to your sources. Moreover, it helps prevent allegations of plagiarism or academic dishonesty. It reminds students of where they got information and helps to return to it later. Citing sources is important not only for direct quotes, paraphrasing and ideas, but as reference to resources and general background to a topic. Also, it adds to your credibility in demonstrating research and support for your ideas and conclusions.

If I have seen further than others, it is by standing upon the shoulders of giants. Isaac Newton Source: meaning that we are “discovering truth by building on previous discoveries.” Source:

Please read the instructions carefully. If you need the textbook pages, contact me and I will send the exact screenshots right away.

Important: the solution depends on the textbook pages, so I need the work to be based on those pages and not on assumptions.

Create a new thread for each posting.

Use correct, complete sentences, in paragraph format, unless otherwise instructed.

Use assigned course materials to complete discussion responses.

Use in-text citations and a Reference List in APA format to cite the course resource(s) used – an in-text citation cannot exist without a corresponding Reference List, and a Reference List cannot exist without a corresponding in-text citation.

Post responses here in public discussion forum.

Put the following in the subject line: Discussion + your name.

Address each classmate by name, and sign your name to each posting, please.

Write in-depth, comprehensive responses that promote further discussion beyond merely agreeing/disagreeing – refer to the “Winning Discussion Responses” module in Content for examples.

Discussion: Part 1 due Saturday, 11:59 pm ET; Part 2 due Tuesday, 11:59 pm ET

Tips for Formatting and Structuring Parts 1 and 2:

• Write in complete sentences in paragraph format.
• Use in-text citations citing to relevant assignment materials.
• Label parts as appropriate.
• Double-space; 12-point Arial or Times Roman font.
• Introductory Sentence: Begin with an introductory sentence or very brief paragraph that states your conclusion to the questions asked.
• Concluding Sentence: End the discussion with a concluding sentence or a very brief paragraph that summarizes your conclusion/what you discussed.
• Support Arguments and Positions: Please refer to the module in Content, “How to Support Arguments and Positions”.

Part 1:

Background/Facts: During a monthly Lunch and Learn Seminar at TLG offices, all TLG business consultants are discussing various client cases. During the discussion of Clean’s new business, the group discusses the following questions:

1. What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?
2. Analyze and explain specifically how and why Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property. `
6. l
7. These are some of the websites. Please stick to these websites strictly. Additionally i will post some more information tonight as well. I have a couple of more

Acces to the texst book: STACEY L. BOWERS, ACCOUNTING AND CORPORATE FINANCE FOR LAWYERS (2d ed.

2024). is requierd please confirm you have the textbook.

Acces to the texst book: STACEY L. BOWERS, ACCOUNTING AND CORPORATE FINANCE FOR LAWYERS (2d ed.

2024). is requierd please confirm you have the textbook.

Requires six (6) pages of analysis. Each reaction paper counts as five percent (5%) of your grade. This is not a creative essay. Please show me you actually read the assignment closely [For example, you might write, on page 12 the author says xxxxxxxxxxxxxxx. Then, tell me your thoughts and analysis of the quote and why it is important or not in your personal opinion. Please show me at least ten (10) page numbers from the assigned reading where you believe a significant statement is made. Please use Microsoft Word, double spaced, 12-point font, no title page or footnotes required. Points will be reduced for papers that are not stapled. Only official university absences are acknowledged. Otherwise, late assignments will not be accepted for any reason; you may submit assignments as early as you desire, without penalty. If you plan to be absent from class or have any other circumstances that may prevent you from submitting your assignment on time, you need to submit your assignment early. You must submit work both to eCourses and before class, on-paper. ONLY THOSE ASSIGNMENTS SUBMITTED ON PAPER, ON-TIME WILL BE GRADED. Note that the purpose of the assignments is for you to read the articles and react to them. The study of law requires actual reading to absorb. Accordingly, the use of artificial intelligence (AI) for reaction papers is considered plagiarism and consequences for any such use may include, but not be limited to, a zero (0) for the class along with more serious consequences to be determined by the University. Using AI is of no utility for these assignments since you are presenting your own thoughts and not an explanation of the article or anyone elses thoughts regarding the article or its contents.

Tell me what is consideration as per Indian contract Act,1872(with section) and as per the act how much adequate shall consideration to be?