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PROJ 410 Final Exam (Set 1

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1. (TCO 1 & 4) What would facilitate a business process outsourcing transition quickly and maintain some consistency in the organization? (Points : 5)

allow the outsourced firm autonomy to create its own policies and procedures with no regard for the project’s goals
quickly lay off all employees
retain key employees through transition
sidestep the RFP process because it takes too long

2. (TCO 4) Under this pricing contract, the buyer pays the seller’s actual costs and a fixed fee determined as a percentage of the estimated project costs. (Points : 5)


3. (TCO 7) Which step(s) should a buyer take to evaluate the seller’s proposal? (Points : 5)

Establish a scoring system
Weigh each evaluation criterion
Select key evaluation criteria
All of the above

4. (TCO 5) Negotiations in a BPO agreement are largely determined by which factor? (Points : 5)

The underlying objectives of each of the parties
The scope of services being outsourced
The relative bargaining positions of the parties
All of the above are factors that determine negotiations

5. (TCO 6) Employee morale and expectations, buyer’s precedent, service level desired by the buyer, and the efficient delivery of services by the seller are all _____. (Points : 5)

reasons affecting the human resource transfer decision
reasons to outsource human resources
reasons to maintain the business process in-house
reasons to exclude offshoring contractors from bidding on an RFP

6. (TCO 3) Which is not a key component in the project procurement management process? (Points : 5)

Select sellers
Plan contracting
Request for proposal
Plan purchases and acquisitions

7. (TCO 6) What are some steps to take when communicating with employees that outsourcing will take place in the company? (Points : 10)

8. (TCO 2 & 6) What typically gets outsourced and what would be the benefits to outsourcing the items listed? Please list and discuss six reasons. (Points : 10)

9. (TCO 9) What happens after a renegotiation? Why does this happen? (Points : 10)

10. (TCO 8 & 9) What is benchmarking? Give two examples with which you are familiar, and tell why benchmarking is useful in outsourcing. (Points : 10)

Page 2

1. (TCO 8) What is a performance standard and how is this agreed upon? Recommend the components that would need to be included and why. (Points : 30)

2. (TCO 5) What laws should an organization consult before, during, and after a BPO? Describe two of the laws and how you would include this in a presentation to executives. (Points : 30)

3. (TCO 5 & 7) List and describe five components of a BPO. Then summarize why each of the items that you chose are important to the BPO process. (Points : 30)

4. (TCO 2 & 5) Describe in detail how the negotiation process works when this process is done correctly. Then convince the executive team that the legal team has to be represented in the negotiation process. (Points : 30)

5. (TCO 8 & 10) What is early termination? Give an example and then discuss how can this be avoided or minimized. Persuade the legal team that the verbiage to accomplish this needs to be included in the BPO agreement. (Points : 30)

6. (TCO 5 & 6) What are some considerations when a company will be transferring employees to the outsourcer? Anticipate issues that will be brought up by the employees and the responses that the company will provide. (Points : 30)

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PA 571 Final Exa

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1. (TCO H) A website can be an important part of a nonprofit organization’s public relations, fund raising, marketing, and customer service plans. As the founder of a new nonprofit organization that will be providing assistance to the homeless in a major city in the Midwest, you need to prepare a marketing plan. Describe how you will use the website in conjunction with public relations, fund raising, marketing, and customer service. (Points: 25)

2. (TCO A) Identify four different types of nonprofit entities afforded 501(c) tax exempt status and describe the nature of their activities that afford them that status. In addition, identify an area of operations that might threaten that tax exempt status. (Points: 25)

3. (TCO B) Responsibilities of a nonprofit organization’s governing board consist of legal and fiduciary, oversight, fund-raising, and representation of constituencies and viewpoints. Address the oversight duties of the governing board. (Points: 25)

4. (TCO D) Budgeting and the preparation of financial projections are critical activities for any given nonprofit organization. Briefly explain at least three of the problems that may be faced during the preparation of the budget. (Points: 25)

5. (TCO E) Having an effective information system is important for a nonprofit organization. Address at least four areas of information that a system should be able to accumulate and process. (Points: 25)

1. (TCO F) Attracting, managing, and retaining volunteers are important steps for many nonprofit organizations. Describe at least five challenges in managing volunteers for your nonprofit organization. (Points: 25)

2. (TCO C) An existing nonprofit organization should already have a strategic plan in place. In updating the strategic plan, a major step in the planning includes aligning the strategic plan with the mission of that organization. Explain ways that the governing board of the organization can help ensure such alignment. (Points: 25)

3. (TCO G) Describe four (4) managerial responsibilities unique to nonprofit managers and assess difficulties nonprofits face in measuring individual performance against them. (Points: 25)

4. (TCO I) The East Coast Homeless Support Organization bestows the honor of the title of chairperson of the governing board on a business leader each year. A few months ago, you were pleased to be elected not only to the board but also as the chairperson. Thus far, you have not needed to put forth much effort as chairperson. Driving to work this morning, though, you were dismayed to hear on the radio that the executive director had been arrested on a financial crime. The matter may or may not be related to the organization. Describe how the situation should be handled. You may include in your answer a brief discussion of the role of the governing board. Emphasize in your answer actions that the organization could possibly take from a public relations and management perspective. (Points: 25)

5. (TCO H) Two employees of the nonprofit organization that you represent as a media specialist were indicted for fraud involving your organization on the previous day. You have been asked to prepare a statement for release to the public. Following the release of your statement, a reporter from a local newspaper states: “Nonprofits have been under assault from a variety of governmental agencies for their lax handling of ethical violations.” What should your organization consider in preparing a response to this statement? (Points: 25)

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MKTG 320 Final Exa

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1. (TCO 1) Explain the of three types of marketing information. (Points : 22)

2. (TCO 2) The international marketing research process is more complex than that of a domestic research process. Please explain with examples. (Points : 22)

3. (TCO 3) In determining a location for a convenience copying center, what kinds of secondary data should be available for each proposed location? (Points : 22)

4. (TCO 4) Provide examples where a product audit would be much more suitable. Provide examples where a Nielsen store audit would be more useful. (Points : 22)

5. (TCO 5) Explain the two types of consumer purchase panels. (Points : 22)

6. (TCO 6) Explain the observational method, both pros and cons. (Points : 22)

7. (TCO 7) Explain the practical problems encountered in using a sales response criterion for budgeting and evaluation purposes. (Points : 22)

8. (TCO 8) What is a disguised question and when is it normally used? (Points : 22)

9. (TCO 9) Define simple random sampling and systematic sampling, including an example of use. (Points : 22)

10. (TCO 10) Define penetration pricing. (Points : 22)

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MIS 535 Final Exam Set

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(TCO A) The principal liaison between the information systems groups and the rest of the organization is a(n)

(TCO B) The five classical functions of managers are planning, organizing, deciding, controlling, and

(TCO C) The type of logical database model that treats data as if they were stored in two-dimensional tables is the

(TCO D) To use the analog telephone system for sending digital data, you must also use

(TCO E) The network standard for connecting desktop computers into local area networks that enabled the widespread adoption of client/server computing and local area networks and further stimulated the adoption of personal computers is

(TCO F) Change is

(TCO G) Many security attacks occur because

(TCO G) Discuss the issue of security challenges on the Internet as that issue applies to a global enterprise. List at least 5 Internet security challenges.

(TCO F) Differentiate between intangible and tangible benefits and list three examples of each. In what types of systems are intangible benefits more predominant?

(TCO E) Explain why standards are so important in information technology? What standards have been important for the growth of Internet technologies?

(TCO D) What is cloud computing and how do you think its developments could impact businesses?

(TCO C) What types of relationships are possible in a relational database? Describe and give an example of each.

(TCO B) You are evaluating BI software from a variety of vendors. Identify six elements in the BI environment. Use your understanding of the importance of these elements to formulate six questions to ask the vendor in order to determine how their software will interplay with your needs.

(TCO A) You have been hired to work with 10 salespeople from different branches of a national business in creating an online training site for new Sales employees. Identify at least five collaboration tools that are available to help the team work together. Which single tool would be the most helpful for the project, in your opinion, and why? 
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MGMT 591 Final Exa

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1. TCO A, B) Define organizational behavior and list the four emotional intelligence competencies that contribute to understanding ourselves and others within the organizational behavior environment. (Points : 10)

2. (TCO D) Referring to the team decision-making process, define consensus and unanimity and explain the difference between the two.(Points : 10)

3. (TCO E, F) Although conflict is usually considered a negative experience to be avoided, it actually has the potential to produce positive organizational outcomes. Please identify three ways in which conflict can be a positive influence. (Points : 10)

4. (TCO G) There are six sources of position power in organizational settings. Identify and define three of these sources. (Points : 10)

5. (TCO H, I, J) The senior executive team at, after a strategy review session with the Board of Directors, has decided that it’s time to invest some time and capital in improving the corporate culture. The company has rebounded from a near calamity two years ago, and while it was a great scramble, the company survived and is in the strongest position ever. They knew that the culture had been strained by the episode and wanted sincerely to work to bring things back to “normal.” With the assistance of local HR offices, a case was made to the employee population that certain aspects of their current culture might have suffered over the past few years and that it was time to think about change. They announced that they would be undergoing an organizational culture review and that everyone’s opinion was valued. A whopping 79% of the employees participated in the survey that they administered. Senior management had worked with the consultants for a few months before the survey was given and had determined their “Ideal” scores. The survey confirmed their suspicions.

The table below provides you with the percentile scores from the employee population, the ideal scores from management, and the percentage point difference between management’s ideal and the actual results. The typical ideal score for companies is also given as a reference point. The overall cultural grouping for the individual cultural norms is also identified.

Referencing the information presented above, please analyze the current culture at

Identify and describe the cultural aspects that management cites as important and contrast them to the cultural attributes that employees report as being expected. Also, compare and contrast management’s ideal results with the typical ideal results. Identify the most significant gaps between management’s ideal and the actual results. What conclusions do you draw taking into account all of the facts presented and your analysis? Provide your recommendations for the nexttwo steps in the change process. How would you prioritize and sequence the necessary change?

(Points : 40)

6. (TCO C) As a manager you are in a situation where a key employee seems to have lost his excitement about the job. The employee’s familiar positive tone and high energy approach to the job and the workplace seem to be on the wane. You really don’t know what is going on with this person. But, you can try to start to understand this employee by examining various motivation theories. Use elements from each of Maslow’s theory, Herzberg’s Two-Factor theory, and Equity theory and assemble your own motivation theory to help you to start understanding this employee. Be sure to fully explain and define all elements that you use in your new model of motivation. Finally, compose a short case to demonstrate how your motivation model can actually be applied. (Points : 40)

7. (TCO G) The Michigan and Ohio State studies represent seminal research on leadership theory. Both studies identified two basic forms of leader behaviors. What were the similarities in the findings from these two studies and what was the significance of the research? (Points : 30)

8. (TCO A, B) In order to meet organizational goals and objectives management must comprehend organizational behavior in relationship to the functions of management. List and describe the management process functions and describe how the five personality traits contribute to the management process. (Points : 30)

9. (TCO E, F) Neff Incorporated is a small business with 100 employees and 4 managers.

Susan and Bob work are co-workers at Neff Incorporated. Ever since they were both assigned to work on Project X, they have been arguing about how to meet the goals of that project.

On Monday they get into a very loud argument about Project X, in the cafeteria during lunch break. Manager 1 is told about the argument and he sends out an email which says: “Greetings everyone. I heard that there may have been a small disagreement in the cafeteria at lunchtime. I just want you all to know that I appreciate the good work you are all doing on Project X. I know that everyone here really gets along even though a little workplace stress can sometimes build up. It is good that we have such a warm, friendly group of employees working here at Neff Incorporated”.

On Tuesday, Susan and Bob get into another argument about Project X at lunchtime. Manager 2 decides that she will deal with the situation this time. She sends them an email stating: “Susan and Bob, you have both worked here at Neff for 5 years and you have worked on many projects together. I know you are both passionate about our mission and goals here at Neff. I also know that you sometimes disagree with each other on how to meet those goals, but we need to look at the big picture. You are both on the same team and both working towards the same goals. Please do not let small disagreements get in the way of this.”

On Wednesday, Susan and Bob get into a third argument about Project X, in the cafeteria again. Manager 3 decides he is going to handle the situation this time. He sends them an email stating, “Susan and Bob, if you cannot get along and maintain professionalism here at Neff Incorporated, I will have no choice but to terminate you both. Consider this your written warning. These loud arguments in public must stop now”.

On Thursday, Susan finds that a small cup of water has spilled on her desk. She thinks it may have been Bob who did it but she is not sure. She quietly tells Manager 4 about the situation. Manager 4 asks Susan and Bob to come into her office. She says, “Ok, I understand that on Monday, Tuesday and Wednesday of this week you two had loud arguments in the cafeteria about Project X. Let’s talk this through in an orderly and respectful fashion. I’m handing you both a sheet of paper. Please list your disagreements about the Project and we will deal with them one by one. Let’s get this resolved today.”

10. (TCO D) Define the concept of social loafing. Why does social loafing occur? Give an example of social loafing and a suggestion for how to prevent it. (Points : 20)

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PHYS 216 Final Exa

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1. (TCO 1) The following conversion equivalents are given:

2. (TCO 1) A baseball is hit with a bat and, as a result, its direction is completely reversed and its speed is doubled. If the actual contact with the bat lasts 0.45 s, what is the ratio of the acceleration to the original velocity?

3. (TCO 1) You walk 55 m to the north, then turn 60° to your right and walk another 45 m. How far are you from where you originally started?

4. (TCO 2) It takes 4500 N to accelerate a car at a rate of 3.42 m/ s2. What is the mass of the car?

5. (TCO 3) Through what angle in degrees does a 33 rpm record turn in 0.25 s?

6. (TCO 4) A 95 N force exerted at the end of a 0.50 m long torque wrench gives rise to a torque of 15 N • m. What is the angle (assumed to be less than 90°) between the wrench handle and the direction of the applied force?

7. (TCO 5) A rotating merry-go-round has an angular velocity of 0.184 rad/s. Find the period of rotation of the merry-go-round

8. (TCO 5) The speed of sound in steel is 5000 m/s. What is the wavelength of a sound wave of frequency 660 Hz in steel?

9. (TCO 5) A string, 0.15 m long, vibrating in the n = 5 harmonic, excites an open pipe, 0.82 m long, into second overtone resonance. The speed of sound in air is 345 m/s. The distance between a node and an adjacent antinode, in the string, in mm, is closest to:

10. (TCO 6) A golf ball of mass 0.050 kg is at rest on the tee and has a velocity of 102 m/s immediately after being struck. If the club and ball were in contact for 0.81 ms, what is the average force exerted on the ball?

11. (TCO 6) Three solid, uniform flywheels, each of mass 65.0 kg and radius 1.47 m, rotate independently around a common axis. Two of the flywheels rotate in one direction at 3.83 rad/s; the other rotates in the opposite direction at 3.42 rad/s. Calculate the magnitude of the net angular momentum of the system.

12. (TCO 7) A car drives 5.0 km north, then 7.3 km east, then 3.4 km northeast, all at a constant velocity. If the car had to perform 2.6 × 106 J of work during this trip, what was the magnitude of the average frictional force on the car?

13. (TCO 7) You have a flask of liquid nitrogen at a temperature of -243°C. You then heat the nitrogen until its temperature is doubled. What is the new temperature?

14. (TCO 8) A hydrogen atom and a neutron fuse to form deuterium. If the energy released is 3.6 x 10-13 J, what is the mass of the deuterium? Take the H atom nucleus as a single proton

15. (TCO 8) An ancient rock is found to contain 40Ar gas, indicating that 77% of the 40K in the rock has decayed since the rock solidified. Any argon would have boiled out of liquid rock. How long ago did the rock solidify? The half-life of 40K is 1.25 billion years.

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MKTG 522 Final Exa

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1. (TCO B) Your company has developed a new educational electronic game. Your target market is 4-6 year old children. What research methods would you use to test this product concept? Choose at least three methods that you believe will provide valuable information, and describe your research strategy. (Points : 25)

2. (TCO C) Michael Porter proposed a tool, the value chain, for identifying ways to create more value. According to the value chain model, every company is a combination of activities that are performed to design, produce, market, deliver, and support their products. Identify the types of activities that would create value within the organization. How can an organization use this tool? What makes this an effective approach? (Points : 25)

3. (TCO H) Marketers recognize that the marketing of services is different than the marketing of a product because of the different characteristics that distinguish them from physical products. How do marketers communicate the value of services to consumers? How do they make these intangible services appear tangible to the consumer?

What are some marketing strategies that might be employed with services to ensure positive results? In your answer, provide an example of a service to which your strategies would be utilized. (Points : 25)

4. (TCO D) Your company manufactures a quality line of home kitchen appliances, refrigerators, stoves, dishwashers, and so forth, and you are highly competitive with companies such GE, Frigidaire, KitchenAid, Whirlpool, LG, and others. The market is quite price sensitive.

You’ve just learned that your primary competitor has cut their prices to the consumer by 7%. What might be some reasons that would support their decision to make a price reduction? What should be your thoughtful reaction? (Points : 25)

5. (TCO F) You are the Sales Manager for your company. Your sales team is one that, once they gain the initial sale, enjoys considerable repeat business. Sales reps are paid a base of $35K and their commission package can add as much as $49K a year (average). Top producers make as much as $65K a year in commission–along with their base pay, they make $100K.

Sales reps have not been aggressive in pursuing new business. They have become comfortable in making repeated sales calls on their existing customers “to be visible” and to handle any issues.
Your VP of Sales wants to see a 12% increase in NEW business next year. How might you structure the compensation plan to drive selling behaviors that would result in more effort being made to gain new business? (Points : 25)

Page 2

1. (TCO E) As the marketing manager for the manufacturer of a new line of computer jump drives, what strategy would you use to get your channel members to promote your product? What is the difference between a Push marketing strategy and a Pull marketing strategy? Explain how you might use each of these strategies. (Points : 25)

2. (TCO I) When a company chooses their distribution channels, they must keep in mind that each channel member must be given the opportunity to be profitable. The main elements in the “trade-relations mix” are Price policy, Conditions of sale, Distributors’ territorial rights, and Mutual services and responsibilities. Explain how these terms of doing business can affect the profitability of all channel members. (Points : 25)

3. (TCO J) Discuss the importance of a company being seen by its public as “being ethical” in its marketing practices. What can a company do to ensure its marketers are practicing ethical marketing? (Points : 25)

4. (TCO A) Now that you have completed the Final Draft of your Marketing Plan, were you to begin anew, what would you have done differently insofar as your efforts to segment your TARGET MARKET and your efforts to reach that TARGET MARKET via your promotional mix? What would you have done differently?

Be sure to refresh your instructor’s mind by providing one sentence that communicates what your Marketing Plan brought to market. (Points : 25)

5. (TCO G) Sales Promotions offer consumers an incentive to buy. Name at least four different types of sales promotion tools, tell how you would use them, and provide an example of a type of product or service you would promote using this tool.
Failure to provide all of the requested information will result in a loss of points. (Points : 25)

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MKTG 310 Final Exa

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1. (TCO 4) When might a modified rebuy apply within a household buying decision? What types of goods would come into play? Please provide specific examples and be sure to discuss the concept fully. (Points: 25)

2. (TCO 6) Describe, in terms of your text’s discussion, what are the underlying values of the phrase, “He who dies with the most toys, wins.” Also, include a discussion of your personal values and how a marketer could interest you with such an appeal. (Points: 25)

3. (TCO 8) How is the ideal of beauty in Western cultures communicated, and how has it changed over time? How might an astute marketer reflect these ideals in their marketing communications? (Points: 25)

4. (TCO 9) How could a savvy marketer use RFID technology to track situational influences on purchase decisions? Explain why this type of process could provide competitive advantage. (Points: 25)

5. (TCO 1) Discuss contextual marketing and give three examples of this type of marketing in products that you purchase. Please provide specific examples and be sure to discuss the concept fully. (Points: 25)

6. (TCO 2) What are some of the factors that affect the successful adoption of innovations? (Points: 25)

7. (TCO 3) Given the changing nature of America’s demographics, name at least three products that will face increasing demand and three that will face declining demand. Explain your reasoning. (Points: 25)

8. (TCO 5) As people age, their sensory abilities decline. The Baby Boomers are reaching retirement age. How will advertisements of the future change sensory stimuli to accommodate this changing demographic? (Points: 25)

9. (TCO 7) Identify and describe the functional theory of attitudes and its component parts (functions). (Points: 25)

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MIS 535 Final Exam Set

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(TCO A) You have been hired by Inspiration Inc. to help improve its profit margin. Inspiration Inc. is a business communications consultancy that services many clients in different industries throughout the United States. The end products of the company are customized recommendations for the best use of a client’s existing resources for improving internal communications, typically delivered via documentation in different media. The company has approximately 100 consultants, all of whom are located in their central headquarters in Chicago. What system do you recommend to improve the company’s business processes and increase its profit margin?

(TCO B) The interaction between information systems and organizations is influenced

(TCO C) The join operation

(TCO D) In TCP/IP, IP is responsible for

(TCO E) You have been asked to implement enterprise software for a manufacturer of kitchen appliances. What is the first step you should take?

(TCO F) When systems are created rapidly, without a formal development methodology

(TCO G) Many users are attacked because they

(TCO A) What is the connection between organizations, information systems, and business processes?

(TCO B) What is a GIS? Describe at least three ways in which a GIS could be used by modern business.

(TCO C) List and describe three main capabilities or tools of a DBMS.

(TCO D) Describe and explain the idea of network neutrality. Are you in favor of network neutrality? Why or why not?

(TCO E) Identify and describe five or more of the current trends in contemporary software platforms.

(TCO F) What is outsourcing? Describe the advantages and disadvantages to outsourcing software development.

(TCO G) What are the security challenges faced by wireless networks?

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MGMT 520 Final Exam Set

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A well known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications that they sell over the counter have been determined to be tainted with small particles of plastic explosive. The plastic explosives came from a Robins & Robins supplier named Casings, Inc., that supplies the capsule casings for the medication pills. Casings, Inc., also sells shell casings for ammunition. Over $8 million in inventory is impacted. The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada.

Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that sold over-the-counter medications to incorporate a special tracking bar code (i.e., UPC bars) on their packaging to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per package.

Robins & Robins lobbied hard against this rule and managed to get it stopped in the public comments period. They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised “privacy” concerns, which they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with alcoholism treatment – specifically for withdrawal symptoms – and many alcoholics were afraid their use of the drug could be tracked back to them.) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the packaging and managed to get enough public interest groups against the rule. The FDA decided not to impose the rule.

Robins & Robins’ contract with Casings, Inc., states, in section 14 B.2.a., “The remedy for defects in supplies shall be limited to the cost of the parts supplied.” Casings, Inc., had negotiated that clause into the contract after a lawsuit from a person who was shot by a gun resulted in a partial judgment against Casings for contributory negligence.

Robins & Robins sues Casings, Inc., for indemnification from suits by injured victims from the medication, for the cost of the capsule shells, for attorney’s fees, and for punitive damages. List any defenses Casings, Inc., would have under contract theory ONLY. (short answer question)

2. TCO B. The FDA decides to require all pharmaceutical companies to immediately implement the tracking bars (UPC) as a result of the disaster with Robins & Robins. Robins & Robins decides not to challenge this and begins the process of adding them to all of their products. However, McFadden, Inc., a New York pharmaceutical company, realizes that this new requirement is going to bankrupt them immediately. McFadden did not participate in the original public comment period. However, this rule is different from the rule that went through that public comment period in that it specifically names four companies as being impacted: Robins & Robins, McFadden, Inc., Bayer, and Johnson & Johnson. On what bases can McFadden challenge this requirement imposed by the FDA, and can they be successful? Provide at least two bases under the Administrative Procedures Act and justify your answer. (Points: 30)

3. TCO C. Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. Their families are considering suing for both 402A and negligence. The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died.

You are the attorney for one of the dead children’s family. List the causes of action (if any) you would file against Robins & Robins, the FDA, and the bribed FDA member. List the elements of the causes of action, and set forth the facts that you have that would support a lawsuit against each of the three named defendants. State any defenses any of the three would have. Analyze the success of the defenses.

TCO A. It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their “fake” recall failed. Using the Laura Nash method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their “fake” recall as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are escalating. What is the “right” thing for the CEO to do in this case? Did the model help you come to this conclusion, or did you use some other method? Explain.

5. TCO I. A Canadian citizen whose son (resident of Ontario) died from the medication sues Robins & Robins in a California court. The court there is well known for being victim friendly and providing huge payouts to victim families. In Canada, the cap on nonpecuniary damages is around $300,000. Punitive damages in Canada are rarely allowed. Robins & Robins moves to dismiss the case under the theory of sovereign immunity. Will Robins & Robins win this motion using this theory? Why or why not? (short answer question) (Points: 15)

Question 2 – 2 essays, 30 points each.

TCO E. Anna and Lisa both sue the school and Pastor Forester for discrimination and further, for liability for their injuries (the stabbing damages and the damages to Lisa’s son’s health.) You are one of the board of directors and need to analyze the liability of the school. Limit your answer to the SCHOOL’S liability only.

Write a brief memo as to whether Pastor Forester committed illegal or discriminatory practices in his brief tenure described in this situation. Then, analyze the potential liability of the school. Discuss agency liability, as well as any employment law aspects. Explain whether you feel that the two injured teachers have cases for recovery against the school. Discuss whether the school being a religious, private school has any bearing on or protection from liability. Include all defenses available to the school.

TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a Pastor. His real name is Jerry Birches, who is a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. The President of the Board of Directors immediately fires Pastor “Jerry Birches” Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background, because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He then sues the school for firing him for being a convicted felon. He claims that is illegal, and he publicly attacks the church for their “less than Christian” behavior in firing him.

The board immediately convenes to discuss “damage control.” They know you took a Law and Ethics course recently and ask you to write a news release to the local newspaper, explaining the situation. Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did.

Page 3 – Two essays at 30 points each

TCO F. Ellen DeGeneres sues Clean Clothes for the use of a look-alike model for the slacks advertisement. She includes Lanham Act, misappropriation, and “Right of Publicity” claims in her complaint. Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their men’s clothing sales with her unsolicited comment. What facts will Ellen use to support her cases and why will those support her cases? What defenses will Ellen have against Clean Clothes and JOSB’s countersuits? Do you think any of the 3 will win their cases? (Why or why not.)

2. TCO G. It is discovered that two weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200). The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade. The swing in the price was not directly tied to her comments, but was suspected to be a result of a recall JOSB made on their entire line of men’s black and brown dress slacks when it was discovered that they had been sewn together with white thread. Ellen’s previous trading activity shows that she made it a normal practice to “vigorously trade” the stock of any company with which she did business. A review of her trading activity for the past year showed that she had bought and sold JOSB stock 25 different times, including short sales like this one. Her overall trading for JOSB stock for the last 12 months was a net loss of $82,000.00. Do you think the SEC will file anything against Ellen for her sales of JOSB? Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) – and whether she should be concerned. Is her prior trading activity a defense? Should Ellen have avoided discussing JOSB publicly on her show since she typically trades their stock? (Points: 30)

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