Epic Systems Case Ruling

Summary

The Supreme Court in Epic Systems Corp. V. Lewis ruled that the Federal Arbitration Act outweighs the National Labor Relations Act, affirming the enforceability of arbitration agreements that prevent collective arbitration. The Sarbanes-Oxley Act makes it a felony to fail to maintain accurate audit records. In a sole proprietorship, the proprietor has personal liability for all losses. Constructive notice can be given through a newspaper. The burden of proof in criminal cases is beyond a reasonable doubt. Shareholders vote on major corporate decisions. The Racketeer Influenced and Corrupt Organizations Act provides extended penalties for criminal acts in ongoing criminal organizations. Bribery involves offering or receiving something of value for illicit advantage. Mens rea is the required state of mind for a crime. In a general partnership, partners share unlimited personal liability. Watered stock is issued below fair market value. An agent is solely liable if the contract excludes the principal. The doctrine of ultra vires does not address criminal liability. A magistrate is

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Name one of the three main issues that are discussed in the case.
One of the main issues discussed in Epic Systems Corp. v. Lewis was whether employment agreements that prevent collective arbitration violate the National Labor Relations Act.
In the case, the employees make a claim that one act is outweighs another act. Between the Arbitration Act and the NLRA, which one do the employees say is the more powerful Act and should invalidate the other Act?
In Epic Systems Corp. v. Lewis, the employees argued that the National Labor Relations Act (NLRA) should hold more power and invalidate the Federal Arbitration Act. They claimed that their rights to collective action were protected under the NLRA.
In the case, the employees make a claim that one act is outweighs another act. Between the Arbitration Act and the NLRA, which one does the Supreme Court is controlling? So, which one wins? The Arbitration Act or the NLRA?
In the Epic Systems Corp. v. Lewis case, the Supreme Court held that the Federal Arbitration Act controlled, and it outweighed the NLRA. Thus, the Arbitration Act "won" in this particular instance.
Under which act is it a felony to fail willfully to maintain proper records of audits? Multiple Choice Public Accounting Act False Claims Act RICO Sarbanes-Oxley
The act that makes it a felony to willfully fail to maintain accurate records of audits is the Sarbanes-Oxley Act.
In a sole proprietorship, the proprietor has personal liability for ________blank. Multiple Choice
In a sole proprietorship, the proprietor has personal liability for:
*. Business Debts
*. Legal Judgments
*. Income Taxes
*. All of the above
Please select the most appropriate answer from the options above.
In a sole proprietorship, the proprietor has personal liability for ________blank. Multiple Choice losses for personal injuries only losses for property damage only all losses no losses
In a sole proprietorship, the proprietor has personal liability for "all losses". This includes, but is not limited to, business debts, legal judgments, and income taxes.
Which of the following is an example of a constructive notice? Multiple Choice A mass mailing send to all parties that had business interactions with the agent stating that the agency relationship is terminated. A phone call telling a party that the agency relationship has terminated. Notice in a newspaper distributed in the area where the agency agreement existed. A letter directly sent to a supplier indicating that the agency relationship has terminated.
An example of a constructive notice would be "Notice in a newspaper distributed in the area where the agency agreement existed". Constructive notice is generally made public, not confined to specific individuals.
The burden of proof in a criminal case is a preponderance of the evidence.. Group startsTrue or False
False. The burden of proof in a criminal case is "beyond a reasonable doubt", not a preponderance of the evidence.
In a manufacturing arrangement, the franchisor manufactures a product and licenses a dealer to sell the product in an exclusive territory. Group startsTrue or False
True. In a manufacturing arrangement, the franchisor does indeed manufacture a product and licenses a dealer to sell the product in an exclusive territory.
In a corporation, who votes on major decisions about the corporation? Multiple Choice Directors Officers Shareholders Trustees
In a corporation, "Shareholders" vote on major decisions about the corporation. They are the owners of the corporation and have the right to vote on corporate matters.
Which federal statute provides extended penalties for criminal acts performed as part of an ongoing criminal organization? Multiple Choice The Racketeer Influenced and Corrupt Organizations Act The Glass–Steagall Act The False Claims Act The Sarbanes-Oxley Act
The federal statute that provides extended penalties for criminal acts performed as part of an ongoing criminal organization is "The Racketeer Influenced and Corrupt Organizations Act".
A defendant who is convicted of a white-collar offense may be ordered to do community service. Group startsTrue or False
True. A defendant convicted of a white-collar offense can indeed be ordered to do community service as part of their sentence. This is often in addition to other penalties like fines or imprisonment.
A corrupt and illegal activity in which a person offers, gives, solicits, or receives money, services, or anything of value to gain an illicit advantage is known as: Multiple Choice Extortion Embezzlement Larceny Bribery
The corrupt and illegal activity in which a person offers, gives, solicits, or receives money, services, or anything of value to gain an illicit advantage is known as "Bribery".
Which element of a crime requires the government to prove that the defendant acted with the state of mind required by the law defining the relevant offense? Multiple Choice Subpoena Mens rea Actus reus Voir dire
The element of a crime that requires the government to prove that the defendant acted with the state of mind required by the law defining the relevant offense is "Mens rea".
In a general partnership, the partners share unlimited personal liability for the partnership’s debts. Group startsTrue or False
True. In a general partnership, partners do indeed share unlimited personal liability for the partnership's debts. Each partner can be held responsible for the full amount of the partnership's liabilities.
Which of the following is not a category of franchises? Multiple Choice Manufacturing arrangement Chain-style business operation Distributorship Production arrangement
The option that is not a category of franchises is "Production arrangement". The common types of franchise arrangements include manufacturing, chain-style, and distributorship arrangements.
Shareholders possess all of the following powers EXCEPT: Multiple Choice proposing new ideas for the corporation. removing members of the board of directors. taking part in daily corporate management. approving major corporate decisions.
Shareholders in a corporation do not typically have the power to "take part in daily corporate management". This is generally the responsibility of the corporation's officers and board of directors.
What is stock that is issued to a shareholder below is fair market value called? Multiple Choice Below par stock Par value stock Stated value stock Watered stock
The stock that is issued to a shareholder below its fair market value is called "Watered stock".
In which of the following situations is the agent the only liable party for the contract? Multiple Choice The agent contracts with a third party through the medium of a non-negotiable instrument. The contract expressly excludes the principal in the contract. The third party enters into a contract with the agent that does not require the agent's performance. The agent contracts with a third party knowing the third party would have entered into a contract with the principal if the principal’s identity were disclosed.
The agent is the only liable party for the contract when "The contract expressly excludes the principal in the contract". This means the agent agreed to be the only party responsible for fulfilling the terms of the contract.
According to the doctrine of ultra vires, a court may find a corporate officer criminally liable regardless of the extent to which the officer took part in the criminal activity. Group startsTrue or False
False. The doctrine of ultra vires pertains to acts outside the scope of a corporation's powers as defined in its articles of incorporation. It doesn't directly address criminal liability of corporate officers regardless of their involvement in the crime.
A magistrate, the highest-ranking judicial official, issues an arrest warrant. Group startsTrue or False
False. In the United States, a magistrate is not the highest-ranking judicial official. They can issue arrest warrants, but so can other judicial officers like judges.
Which step in a criminal procedure comes after an indictment by a Grand Jury? Multiple Choice The arraignment The arrest The trial The booking
The step in a criminal procedure that comes after an indictment by a Grand Jury is "The arraignment". During this, the defendant is formally charged and enters a plea.
What type of agency relationship is inferred from the conduct of the parties? Multiple Choice Implied Expressed Apparent Agency by estoppel
The type of agency relationship inferred from the conduct of the parties is an "Implied" agency relationship. This is established by the behavior of the parties, even without a formal agreement.
The limited liability company is an incorporated form of business organization that has the most advantageous features of partnerships and corporations. Group startsTrue or False
True. A Limited Liability Company (LLC) is indeed a type of business structure that combines the operational flexibility of a partnership with the liability protection of a corporation.
Which criminal offense is an intentional deception that causes harm to another person? Multiple Choice Fraud Bribery Burglary Extortion
The criminal offense that is an intentional deception causing harm to another person is "Fraud". This involves deception for personal gain or to damage another individual.
Which of the following is not true of a limited liability company? Multiple Choice Ownership may be transferrable. May be taxed as a partnership. Limited personal liability. Limited to the life of general partners.
The statement that is not true of a limited liability company is that it is "Limited to the life of general partners". Unlike a partnership, an LLC can continue to exist beyond the life of its owners.
Which of the following is a business relationship between two or more persons or corporations created for a specific business purpose? Multiple Choice Joint venture Syndicate A cooperative A business trust
The business relationship between two or more persons or corporations created for a specific business purpose is a "Joint venture". This involves a mutual agreement to pool resources for the accomplishment of a specific task.
Which element of a crime requires the government to prove that a prohibited act or a prohibited consequence resulted because of the behavior of the defendant? Multiple Choice Actus reus Voir dire Nolo contendere Mens rea
The element of a crime that requires the government to prove that a prohibited act or a prohibited consequence resulted because of the defendant's behavior is "Actus reus".
What is the most important question to consider when determining whether a person is an employee or an independent contractor? Multiple Choice Who supplies the tools necessary for the job? What degree of control does the employer maintain? How long will the job last? What skill is required for the job?
The most important question to consider when determining whether a person is an employee or an independent contractor is "What degree of control does the employer maintain?". This considers the level of influence the employer has over the worker's tasks and methods.
Which of the following is not true for an agency by ratification? Multiple Choice The principal must accept the unauthorized act. The principal must accept certain parts and reject other parts of the agent’s acts. The principal must have complete knowledge of all material facts. An individual must misrepresent himself as an agent for another party.
The statement that is not true for an agency by ratification is "The principal must accept certain parts and reject other parts of the agent’s acts". In agency by ratification, the principal must either accept or reject the entire unauthorized act.
Courts are likely to pierce the corporate veil in all but which of the following situations? Multiple Choice A corporation lacked adequate capital when it was initially formed. Shareholders’ personal interests are corporate interests are too commingled. A corporation followed statutory mandates regarding corporate business. Shareholders attempt to commit fraud through a corporation.
Courts are unlikely to pierce the corporate veil when "A corporation followed statutory mandates regarding corporate business". This situation typically indicates the corporation is operating within the bounds of the law.
An LLC may be taxed as a: Multiple Choice sole proprietorship. partnership. partnership, sole proprietorship, or a corporation. corporation.
An LLC may be taxed as a "partnership, sole proprietorship, or a corporation." This flexibility in tax structure is one of the key advantages of an LLC.
A de facto corporation has not substantially met the requirements of the state incorporation statute. Group startsTrue or False
False. A de facto corporation is one that has not fully complied with the state incorporation statute, but has made a good faith effort to do so and is operating as if it was a corporation.
Which crimes are punishable by imprisonment for more than one year in a penitentiary? Multiple Choice All federal crimes Felonies Misdemeanors Petty offenses
The crimes that are punishable by imprisonment for more than one year in a penitentiary are "Felonies". These are serious crimes that typically involve violence.
Oliver was a private contractor who helped companies become more efficient by creating electronic files to back up all physical documents. This practice was becoming particularly popular in that companies with electronic files of documents are able to more easily communicate those files with employees or other contractors. However, during a job with a law firm, Oliver implanted a virus into the law firm’s computers that allowed him to receive the social security numbers as well as financial information for all employees. This included credit card numbers. Oliver then sold this information online to whoever requested it, for a price. When one of the employees found out that this was going on, a police investigation was requested. Eventually, this investigation led to Oliver’s arrest, and he was found guilty for computer crimes under the Computer Fraud and Abuse Act, or CFAA, for purposefully gaining unauthorized use of a computer to collect financial or credit information protected under federal privacy law. Oliver was ordered to repay over $* million in damages. But what if the facts of the case were different? Select each set of facts below that could change the result of the court’s decision and punishment. Check All That Apply Oliver knowingly chose to become intoxicated during his side-job involving appropriation of financial information of those with whom he contracted.Oliver knowingly chose to become intoxicated during his side-job involving appropriation of financial information of those with whom he contracted. The idea to hack into the law firm’s computers had originated with an officer who induced Oliver to commit the crime.The idea to hack into the law firm’s computers had originated with an officer who induced Oliver to commit the crime. The officer that arrested Oliver did not read Oliver his full Miranda Rights, but the court found that Oliver’s testimony to the officer prior to his getting read his full Miranda Rights was necessary to protect the public who had been affected by Oliver’s actions.The officer that arrested Oliver did not read Oliver his full Miranda Rights, but the court found that Oliver’s testimony to the officer prior to his getting read his full Miranda Rights was necessary to protect the public who had been affected by Oliver’s actions. The court determined that Oliver had committed computer crimes knowingly instead of purposefully.
The alternate facts that could potentially change the court's decision and punishment are:
- The idea to hack into the law firm’s computers had originated with an officer who induced Oliver to commit the crime.
- The officer that arrested Oliver did not read Oliver his full Miranda Rights, but the court found that Oliver’s testimony to the officer prior to his getting read his full Miranda Rights was necessary to protect the public who had been affected by Oliver’s actions.
- The court determined that Oliver had committed computer crimes knowingly instead of purposefully.
Keep in mind that the legal implications of these changes would depend on the specifics of Ohio law.
without a specific state applied which ones would be best to select
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