Project #2601 - Homework Questions

Graded Practice Questions (75 total points) – Type your answers under the questions. 

1.                What are the four major provisions of the Clayton Act and what types of activities do these provisions prohibit? List all four and describe the activities each prohibits (10 pts total)

The four major provisions of the Clayton Act is Section 2 – Price Discrimination which prohibits price discrimination that cannot be justified by differences in production costs of transportation costs, or cost differences due to changing market conditions; Section 3 – Exclusionary Practices which prohibits two types of vertical agreements involving exclusionary practices-exclusive-dealing contracts and tying arrangements; Section 7 – Mergers is the statutory authority for preventing mergers or acquisitions that could result in a monopoly power or a substantial lessening of competition in the market place; and Section 8 – Interlocking Directorates states that no person may be a directory in two or more competing corporations at the same time if either of the corporations has capital, surplus, or undivided profits aggregating more than $25,319,000 or competitive sales of $2,531,900 or more.

 

2.         What agencies of the federal government enforce the federal antitrust laws?  (5 points)

3.         When will advertising be deemed deceptive?  (5 points)

4.         What act created the first comprehensive scheme of regulation over matters concerning consumer safety?  (5 points)

 

5.         Dave receives an unsolicited credit card in the mail.  Before he can check the mail, the credit card is stolen from his mailbox.  The thief uses Dave’s credit card and charges exactly $1,252.76  before the credit card company notices the suspicious activity and deactivates the card.  How much of those unauthorized charges is Dave liable for?  (5 points)

 

6.         Explain how bait-and-switch advertising works.  (5 points)

 

7.         What is the employment-at-will doctrine?  What are the exceptions to this doctrine?  (10 points)

 

 

8.         Borealis Power Company is subject to mandatory workers’ compensation laws in the states in which it does business. Chad and Dex work for Borealis as part of a crew works to repair downed power lines and other damaged equipment. While repairing a downed power line at a work site, Chad is injured in an accident that is entirely Dex’s fault. Chad files a claim for workers’ compensation. Should the claim be granted? Why or why not?  (10 points)

 

 

9.         An African American man applies for a job with an accounting firm and is rejected.  If he sues on the basis of disparate-treatment discrimination in hiring, what must he show in order to make out a prima facie case of illegal discrimination?  (5 points)

 

 

10.       Bob, a male, applies to work at Victoria’s Secret (a women’s lingerie store) as a changing room attendant.  Changing room attendants at Victoria’s Secret are required to assist clients in the store’s dressing rooms and help measure female clients for bras.  This often requires the changing room attendants to touch the female clients’ chests while measuring them and many women are only partially dressed in the changing areas.  Victoria’s Secret chooses not to hire Bob.  When he asks why he did not get the job, the manager at Victoria’s Secret tells him it is because he is a man and female clients are unlikely to want to be fitted for bras by a man.  Bob sues for discrimination on the basis of his sex.  What is Victoria’s Secret’s best legal defense in court for not hiring Bob?  (5 points)

 

 

11.  Jillian is a 35 year old female who works for a hip, young, start-up company that develops iPhone apps for teenagers.  She works with five co-workers who are all under the age of 22.  One day, her boss calls her into his office and fires her because her ideas are no longer fresh and youthful.  Jillian is convinced that she was fired because of her age since she is the only person over 22 in her office.  Can she sue her start-up company for age discrimination?  Why or why not?  (10 points)

Subject Law
Due By (Pacific Time) 02/23/2013 09:00 pm
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