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Chris M., M.S.W. Social Work
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1. At one point in time, the company Gator-Aide commanded 83%

Resolved Question:

1. At one point in time, the company Gator-Aide commanded 83% of the sports beverage market. This market share was primarily due to the fact that a University of Florida professor had invented the product which became very popular and thus the company became very successful. However, there were two other competitors in the market - Coke and Pepsi, which approximately shared the rests of the market. Pursuant to Section 2 of the Sherman Act, the best conclusion regarding anti-trust liability for Gator-Aide would be:
a. The company would be deemed guilty of monopolization of commerce since it possessed a very high share of the market.
b. The company would not be deemed guilty of monopolization of commerce.
c. The company would not be liable since the courts would say that the market was too narrowly defined and should include other sports drinks, such as water, soda, and beer (but only light beer).
d. The company committed a horizontal restraint of trade by "freezing out" its main competitors.

2.Poole Company enters into a contract to build a pool for homeowner for $20,000. During the construction process, Poole discovers the remnants of a big, old, partially buried, tree trunk on the property. Poole can remove it but it will add additional time and cost to the project. Accordingly, Poole asks homeowner for an extra $1000 to complete the job, which homeowner reluctantly agrees to. When the tree trunk is removed and the job is finished, Homeowner only pays the original $20,000. Poole Company sues for the promised additional $1000. The likely result of the lawsuit will be:
a. Poole will prevail since homeowner clearly breached the promise to pay $1000.
b. Poole will prevail since it is a fair result since everyone knows how difficult it is to remove old tree trunks.
c. Poole will prevail since $1000 was very reasonable consideration under the circumstances.
d. Poole will lose as it gave no new consideration for the promise to pay the additional $1000.

3.Miriam, a smart and sharp MBA student, is on spring break flying home to see her family. At the airport, there is the usual delay. So, Miriam goes to the nearest airport bar to have a glass of wine. At a table near the bar are some nicely dressed business executives who clearly have had too much to drink and are talking very loudly and annoyingly - but about the merger of their company with a bigger company and how much of the big company's stock they are going to receive in return for their shares for the purchase of their company. Miriam puts down her glass of wine and notes on the cocktail napkin the name of the companies. When she gets home, she immediately calls her broker and tells him to buy shares of stock in the executives' company. The merger takes place and Miriam makes a great deal of money on the transaction. Miriam likely has acted:
a. Illegally since she traded on inside information.
b. Illegally since the business executives probably breached a duty of confidentiality.
c. Illegally since her stock purchase was not a fair one, and as a business student Miriam "should have known better."
d. Legally since she was lucky, smart, and bold.

4.Big Nuclear Energy Corporation commences a pro-nuclear advertising campaign to extol the benefits of safe nuclear energy. Vermont, the Green Mountain state, passes a law prohibiting the company from advertising in Vermont. The likely result of such a lawsuit would be:
a. The Vermont law would be struck down as a violation of the company's free speech rights under the First Amendment.
b. The law would be upheld since nuclear energy is known to be dangerous and Vermonters do not want to encourage the nuclear industry.
c. The law would be upheld since corporations do not have any First Amendment rights.
d. The law would be struck down since only the federal government and the Federal Trade Commission can regulate advertising in the United States.

5.Jill sells her business to Kyle and, as part of the agreement, promises not to engage in a business of the same kind within three miles for one year. This promise is generally
a. an unreasonable restraint of trade.
b. unreasonable in terms of geographic area and time.
c. unreasonable in terms of Kyle's "goodwill" and "reputation."
d. valid and enforceable.

6.Lisa and Ann are disputing ownership of a piece of real estate. Lisa brings a lawsuit to clear title to the property. This lawsuit must be heard:
a Before the state court in the county where the property is located.
b. In the state supreme court since it has original jurisdiction of all real estate lawsuits in the state.
c. In federal court since this is a title issue.
d. Wherever Lisa resides.

7.Eric, a supervisor at X Corporation, sexually harasses a subordinate employee by constantly asking her for dates, when she repeatedly and firmly has said "no." The supervisor also makes jokes of a sexual nature around this employee. She becomes so stressed out o
Submitted: 2 years ago.
Category: Homework
Expert:  Chris M. replied 2 years ago.

Hello, and thanks for the request.

 

Again, your post was cut short. Please repost questions 7-10.

 

Thanks

 

 

Customer: replied 2 years ago.

My apologies ;( thank you!

 

7.Eric, a supervisor at X Corporation, sexually harasses a subordinate employee by constantly asking her for dates, when she repeatedly and firmly has said "no." The supervisor also makes jokes of a sexual nature around this employee. She becomes so stressed out one day that she had to "clock out" early and go home to compose herself, thereby losing four hours of work. X Corporation learns of the misconduct, and promptly fires the supervisor for violating its sexual harassment policies, and then the company also apologizes to the employee; but she sues the company for sexual harassment nonetheless. Assuming sufficient evidence, the likely result of such a lawsuit would be: a. The employer would not be liable since it has policies to combat sexual harassment which it enforced by firing the supervisor.
b. The employer would be liable but only if the employee could demonstrate that the employer knew or should have known that its supervisor was sexually harassing employees.
c. The employer would be absolutely liable for the sexual harassment regardless of knowledge or intent.
d. The employer would not be liable since workplace romance is common in the office today, and the employee was probably too sensitive about it.

8-National Coal Association (NCA) is a group of independent coal mining companies. Demand for coal falls. The price drops. Coal Refiners Association, a group of independent coal refining companies, agrees to buy NCA's coal and they all agree to sell it according to a schedule that will increase the price. This agreement is
a. a per se violation of the Sherman Act.
b. exempt from the antitrust laws.
c. subject to continuing review by the appropriate federal agency. d. subject to the rule of reason.

9-Jill and Ken are involved in an automobile accident. Lyle is a passenger in Ken's car. Jill wants to ask Lyle, as a witness, some questions in person concerning the accident. Lyle's answers to the questions characteristically are given in
a. a deposition.
b. a response to interrogatories.
c. a response to a judge's request at a pretrial conference.
d. none of the above.

10.Juana works for Zorro Company. She is an employee at-will. Zorro neither believes in nor adheres to "Take Your Child to Work Day," as Zorro feels there will be too many disruptions with all those "kids running around." Zorro tells the employees of this policy. Nonetheless, Juana brings her daughter to work. There are no problems, and Juana does her regular job; but when Zorro discovers the child was at work, he fires Juana. Juana wants to sue for wrongful discharge. What will be the likely result of her lawsuit? a. She will prevail since she clearly was treated unethically and there were no problems and Juana is a single mother.
b. She will prevail since she is protected by the federal Family Medical Leave Act.
c. She will lose since she was an employee at-will.
d. She will prevail since she was discriminated against because of her and her daughter's gender and because she was a parent.

Expert:  Chris M. replied 2 years ago.
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Chris M., M.S.W. Social Work
Category: Homework
Satisfied Customers: 2479
Experience: Master's Degree, strong math and writing skills, experience in one-on-one tutoring (college English)
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