TCOs Kristen Abbott DeVry University BUSN 420 Instructor: Mike Manaton 11-30-11

1) The Common Law Tradition and Negligence. Given the historical framework of the common law, explain the common law tradition and its role in the developm ent of negligence law, including the negligence liability of accountants. I did not know anything about the negligence liability of accounts. I did not kn ow there were specific laws pertaining to accountants. I learned that Accountant s and other professionals may be held liable for negligence in their services. T his is proven by showing there was a duty to care, it was breached, and the plai ntiff suffered and injury caused by the defendants negligence. Accounts have the duty of care to provide accurate and fair reports on financial information and doing otherwise can result in a negligence of their duty to care. 2) The Constitution and Business. Given a law restricting commerce, identif y the constitutional law issues raised and explain how the courts would resolve the issues according to the current state of the law. I did not know that the National Conference of Commissioners on Uniform State La ws (NCCUSL) existed. I didn t know states could elect to have a uniform law. I also did not know that states could deny commerce and each have their own law as long as it does not interfere with the federal law. 3) Courts and Dispute Resolution. Given a lawsuit, explain the litigation p rocess, starting with the selection of a court with proper jurisdiction, and mov ing through the basic steps leading to a resolution of the dispute. I learned that the litigation process has more to it than I thought. The litigat ion process starts with pleadings which are the plaintiff s complaint and the defend ant answer. Then Pretrial Motions are done which can include the motion on the j udgment or a motion to summary. Then there is the discovery step which is where both parties can use procedural devices to obtain information on the case. Then there is a pretrial conference and jury selection. I knew some of these steps by many I did not know. Also, I did not know that these steps are all pretrial. Th e trial begins after all the above mentioned steps. 4) Contracts. Given a scenario involving a contract, analyze the legal suff iciency of the offer, acceptance, and consideration, determine whether the contr act is enforceable, and identify the remedies available to the nonbreaching part y according to the current state of the law. I did not know that some contracts can be verbal. I always though all and every contract had to be in writing. I also learned that there are more than just one type of damages; compensatory, consequential, punitive, and nominal. 5) UCC Sale of Goods. Given a fact scenario, determine whether a valid cont

ract has been formed in accordance with Article 2 (Sales) of the UCC. I learned that when a UCC provision addresses a certain issue they prevail, whil e when they do not address a certain issue common law prevails. I also learned t hat sales/leases are different from other contracts. Contracts involving things such as real estate and services are controlled by general contract law and comm on law not modified by the UCC, while sales and lease contract are controlled by statutory law (article 2 and 2a) and when there is not any applicable law in st atutory laws, common law is used. 6) Administrative Law. Given a scenario involving a government regulation a nd an enforcement proceeding, determine the standard required to comply with the regulation, and the tests an appellate court would consider in evaluating an ap peal from the agency's final decision. I learned that administrative agencies can have complaints raised against them. Before this class, I was not very knowledgeable in Law and I did not know you ca n bring a complaint about an administrative agency to court. 7) Intellectual Property. Given a scenario involving intellectual property, identify the type(s) of intellectual property at issue and explain whether an i nfringement of rights has occurred, based on the current state of the law. I learned that intangible of literary or artistic productions are automatically given copyrights when they are created for 70 years after the author s life ends. I also learned that if you take a patent and copy it, it does not matter whether y ou sell it. Copying it without permission is enough to be patent infringement. 8) Cyber law. Given a scenario involving wrongful acts transmitted electron ically or via the Internet, identify the relevant laws and explain their applica tion. I learned that there are actually statues against spam. The federal CAN-SPAM aga inst spam was not that successful. Spam is still increasing so certain states ha ve developed their own criminal spamming statues. Such as Virginia as a statue t hat it is a crime against property to use a computer or network with the intent to falsify or forge electronic mail transmission information or other routing infor mation in any manner and attempting to send spam to more than 2,500 recipients in a ny twenty-four-hour period is a felony.