1. Transparency is a type of authority given to agents by their principal.
2. Texas is the only state that has not adopted Article 2 of the Uniform Commercial Code.
3. When you make an “offer” you are always proposing to sell something; when you “accept” an offer you are always agreeing to buy something.
4. The UCC Article 2 version of the Statute of Frauds requires contracts for services for more than a month to be in writing.
5. In most states, acceptance of an offer by sending the acceptance by mail is effective when the acceptance is mailed, not when it is received.
6. Historically in our common law tradition (at least up to the mid-20th century), acceptance of an offer had to exactly mirror the offer in order to create an agreement.
7. The Foreign Corrupt Practices Act is a US law that prohibits bribing the government officials of other countries.
8. To have an enforceable contract, there must at least be an agreement between capable parties that relates to legal subject matter and is based on mutual consideration.
9. Although there are exceptions, full and open competition is a key policy applicable to all methods of procurement of goods and services by the US federal government.
10. The statute that implements the policy identified in Question #9 is the Freedom of Information Act.
11. What is the common name of the U.S. federal law, originally enacted in the 1800’s, that, among other things, imposes criminal sanctions for agreements in restraint of trade and for misuse of monopoly power?
12. This is a two-part question. ABC Corporation sends XYZ Ltd. a purchase order for $100,000 worth of goat cheese. The purchase order contains numerous terms and conditions. XYZ sends ABC an acknowledgment form with XYZ’s terms and conditions. XYZ’s form provides for arbitration if there is a dispute, and limits XYZ’s liability to $50,000. As a result, the parties’ terms and conditions conflict.
What is the common legal term used to describe this situation? _________________________
Assuming both ABC and XYZ are located in Maryland, what section of the UCC can provide an answer to which terms apply (generic UCC citation is enough): ________________________
13. The Contracts Disputes Act specifies several forums (i.e., courts) to which a contractor can take a claim arising from the performance of a US Government contract that the contractor already holds. Name the two forums in which a contractor can choose to start litigation against the Government after the claim has been denied by the Contracting Officer.
14. What action must a government contractor always take in order to get a Contracting Officer’s Final Decision on a contract dispute over $100,000 before taking the dispute to either of the judicial forums identified in Question 13?
a. Send the claim via email.
b. Notarize the claim.
c. Certify the claim as required by the FAR.
d. Send the claim by registered mail.
e. None of the above.
15. Not including the procuring agency itself, name the two forums to which a bidder on a federal procurement can lodge a bid protest? Looking for the current situation, not how it may have been different historically. (Don’t rely on the Legal Considerations material.)
16. Under the FAR, there are a number of cost-reimbursement type contracts that a contracting officer can legally use. Name two.
17. For the State of Maryland, research the organization of that state’s courts and the federal courts that cover the state. Then provide the following answers:
a. The name of Maryland’s highest state court: ________________________________
b. The name of the federal trial court “covering” Baltimore – be specific (but I’m not looking for the name of the court house): __________________________________________
c. The number designation of the US Circuit Court of Appeals to which you would normally take an appeal from the court identified in Question #17.b. above: _____
18. Using NexisUNI (or other research sources), find Stewart Glass & Mirror, Inc. v. U.S. Auto Glass Disc. Ctrs., Inc., 200 F.3d 307 (5th Cir. 2000). Based on your understanding of legal citation and a quick review of the case, answer these questions: (1 point for each answer):
a. In the case citation, what does the “200” represent? _______
b. To what does “5th Cir.” refer? _______________________________
c. Specify the last name of the name of the judge who wrote the opinion. ____________
d. Under what primary federal law does the case fall? [I’m just looking for the general name, not the citation.] ________________________
e. What does the court decide relative to the Plaintiffs’ claims under that federal law?
19. You are the lawyer for Ginormous Diversified Conglomerate Inc. (GDCI). Your case for breach of contract in the Federal District Court, Eastern District of Massachusetts, against Not So Big LLC (NSBL) was decided in NSBL’s favor. To what court do you now appeal?
a. Massachusetts Supreme Judicial Court
b. US Supreme Court
c. 25th Court of Appeals, Alaska
d. 1st Circuit Court of Appeals
e. None of the above.
20. Aside from ethical considerations, as a government contracting officer or a government contractor employee, you are legally obligated to avoid improperly releasing or obtaining “contractor bid or proposal information” or “source selection information.” Name the federal statute that imposes severe penalties with regard to these issues. (Just the popular name of the statute; I’m not asking for the citation.)
Statute Name: _____________________________________
21. BluesBros Group is working on a contract to buy its own theater in Las Vegas from Elmer Fudd, a not-so-well known Las Vegas property owner. Elmer Fudd has asked $5 Million for the property. BluesBros Group’s lawyer has made an offer of $2.5 Million. So far, you know no contract yet exists because of one of the key elements of a contract is missing. That element is:
b. Legal purpose
e. None of the above.
22. Two part question: (a) What is the regulatory definition of “cost or pricing data”? (You should not need more than a single sentence to answer this question; if you are planning on a career in government contracting you should probably memorize this sentence.)
(b) What is the name of the statute that requires (under some circumstances) that an offeror or contractor provide the government with certified “cost or pricing data”? [There now two names; I will accept either.]
a. Definition: ______________________________________________________________
b. Statute Name: _____________________________________________________
23. US Government Contracting Officers are specifically appointed as agents for the Government. What is the manner in which Contracting Officers receive such power?
a. A certificate of appointment or warrant
b. A letter
c. A phone call
d. An email
e. None of the above.
24. This is a multipart question. The Federal Acquisition Regulation explicitly addresses the common law of contracts, including the elements of an enforceable contract, that we have been studying and applies it to the simplified acquisition process. Using that policy direction, which step is considered the offer:
a. ____ the vendor’s quotation, or
b. ____ the order issued by the Government.
What additional step is required to form a binding contract? __________________________
What is the Code of Federal Regulation reference for this policy ______________________
25. Buyer Bobbie Sue and Seller Billy Bob are disputing the delivery of products called for under their contract. Bobbie Sue says that the products that she pre-paid for do not conform to the requirements of the contract, but Billy Bob refuses to refund the payment or replace the products. Bobbie Sue and Billy Bob have tried to work out their differences through negotiation, but cannot come to an agreement. This has resulted in a contract dispute. Briefly explain TWO dispute resolution options available to Bobbie Sue and Billy Bob to avoid litigation, and the primary benefits of each option.
26. Two part question.
Scenario: Joe wants to do some radio advertising for his dog walking and tax preparation business. Joe talks on the phone to a sales representative from the WTOP radio station. After several discussions, they agree to a slate of radio spots to air on specific dates for a set price. No written contract is signed but Joe sends the representative an email that says “Let’s move forward with this 8-week run at $9600.” [PS: This is an actual case (with names changed) discussed on “Solosez,” the ABA listserv for solo attorneys.]
Part 1: Has an enforceable contract been formed? Why or why not? Is this a written contract or an oral contract? Does Article 2 of the UCC apply to this situation?
Part 2: So the radio spots start, but after week two all the talk on Twitter is that Joe’s business must be a joke. Joe is appalled and wants to cancel the ad campaign.
Your questions: Can Joe cancel the contract? If he does cancel, what are the radio station’s rights?
=============== End of Exam – Congratulations! ===============
Pick one occasion on misfortune and build a scholarly article bolstered by applicable scholastic sources Presentation This paper investigates my experience of misfortune and distress after the passing of my dad in 1997 and how my lamenting procedure identifies with speculations set forward to clarify and manage mourning. Lobby (2014) recommends that "misfortune and pain are basic to human life"..Harvey (1998) sees misfortune as an educational ordeal identifying with something irreversible and feelings towards what is lost. Lobby (2014) characterizes pain as "the reaction to the misfortune in its totality – including its physical, passionate, subjective, conduct and profound appearances – and as a characteristic and typical response to misfortune". It has been contended that with the end goal to comprehend anguish it is essential to comprehend the job of connection. Mallon (2008) saw that with the end goal to have misfortune there must be connection. Therefore numerous speculations of connection assume a noteworthy job in deprivation advising. Bowlby (1980) underscored the job of connection seeing someone. He proposes that a kid's enthusiastic development will be imperiled if the youngster does not have connection to a critical other individual. The outcomes can be that the individual may experience issues interfacing with others. This article will initially investigate a portion of the striking hypotheses on sadness and deprivation. Besides, an exchange of my encounters lamenting my dad's demise drawing on some key components of mourning speculations will pursue. At long last, a synopsis of the dialog will close the exposition. Hypotheses OF BEREAVEMENT AND LOSS Freud (1953 – 1974) was the main significant supporter of the hypothesis of pain. His hypothesis focused on that lamenting people look for a connection that has been lost. His work included the way toward breaking the connections that reinforced the survivor to the expired. He recognized three components in particular: Liberating the deprived from the servitude to the expired Rearrangement to existence without the perished Building new connections. Parkes (1971, 1996) contended that Freud's idea of sorrow was helpful in viewing pain as a major aspect of a modifying procedure which he calls 'psychosocial progress'. Freud (1953-1974) contended that the lamenting knowledge for the dispossessed necessitates that they recognize their detachment from the expired by experiencing a procedure that incorporates agonizing feelings of blame and outrage. Besides, these feelings must be communicated. Key to Freud's methodology was the possibility that in the event that the deprived neglected to work with or finish their distress work, the lamenting procedure would end up convoluted and bargain recuperation. This model burdens the significance of proceeding onward as fast as conceivable with the end goal to come back to 'ordinary' working. Affected by Freud (1953-1974), a few anguish scholars including Kübler Ross (1969), Bowlby (1980) and Parkes and Weiss (1983) conceptualized sadness as a procedure of unsurprising stages and undertakings. A standout amongst the most perceived was Kübler Ross (1969), who proposed the five-organize show that comprised the accompanying stages: Stun and disavowal Outrage Hatred and blame Haggling Wretchedness and Acceptance. The model demands that inability to finish the stages would result in intense emotional wellness difficulties. Lobby (2014) contends that the stage hypotheses were well known in light of the fact that they propose a feeling of calculated request while offering any desire for recuperation and conclusion. In spite of their ubiquity, most stage speculations pulled in feedback similarly that Freud's suggestion pulled in feedback for their absence of exact proof and their unbending nature. Besides, the stage hypotheses have been tested for their failure to catch the unpredictable, differing and multi-faceted nature of the lamenting background. Baxter and Diehl (1998) contend that since misery is viewed as liquid, it is improbable that people can experience the phases in a deliberate way as pushed by the stage scholars. To put it plainly, they don't assess factors, for example, the physical, mental, social, social and profound needs that affect on the dispossessed individuals, their families and close systems (Hall 2014). In spite of these reactions, beginning period speculations have given extraordinary preparation and effect on current hypotheses, for example, the Dual-Processing hypothesis created by Stroebe and Schut (1999) and Worden (2008). Corridor (2014) contends that "these hypotheses assess a significant number of the dangers and defensive components recognized by research and give an imperative setting to valuing the particular idea of connection to the perished that is inadequate in the prior stage speculations". The two models give systems that direct intercession. Richardson and Balaswamy (2001), while assessing the Dual Processing Model, recommended that maintaining a strategic distance from sadness can have both positive and negative results. They suggested this is the place loss is seen as including Loss of Orientation and Restoration Orientation. The mourner in the misfortune introduction is distracted with feelings, longing and ruminating about the perished, though, rebuilding introduction includes assuming control over the obligations and the jobs attempted by the expired and rolling out way of life improvements, setting up another personality without the expired (Richardson, 2007; Bennett, 2010a). Worden (2008) proposes that lamenting ought to be considered as a functioning procedure that includes commitment with four errands: Tolerating the truth of the misfortune Preparing the torment of misery Acclimating to a world without the expired (counting both interior, outer and profound alterations) Finding a persevering association with the expired while setting out on another life. To comprehend what the customer is encountering, Worden distinguished seven determinants that should be considered: Who the individual who kicked the bucket was The idea of the connection to the expired How the individual kicked the bucket Verifiable forerunners Identity factors Social arbiters Simultaneous stressors Encounters OF GRIEF In talking about my lamenting procedure, I am will draw on Worden's (2008) four assignments showed previously. The seven determinants demonstrated above will be utilized to control the exchange and decipher the experience using pertinent hypothetical points of view. I. To acknowledge the truth of the misfortune I was in the UK undertaking my nursing course when my dad kicked the bucket in Zimbabwe from a sudden heart related issue. I was educated at a young hour toward the beginning of the day not long after my sibling got news of his passing. Since I was living alone, I needed to make a few telephone calls home to affirm his demise and to discover how he kicked the bucket and build up why more was not done. I cried however the tears did not compare to my feelings. For quite a while I felt isolates from my emotions. My feelings had all the earmarks of being contained and were hard to discharge. My quick reaction to the news reflects Bowlby and Parkes (1970's) proposed first phase of sadness where the individual encounters deadness, stun, and disavowal. I had constantly feared the day my dad would bite the dust. I paced here and there my room, feeling alone and powerless. Amid one of the calls from my sibling, he referenced that he required me there. That was the time that I understood this was genuine. It was as of now that I began to call companions and advising them of the news. I can't recollect a large portion of what occurred however I recall one of my companions assumed control and made the important travel courses of action and addressed my family in Zimbabwe. I trust that I just acknowledged the misfortune a lot later when I found that I couldn't impart to him that I had purchased an excellent house. I urgently required his remarks and acclaims. My letter with the unexpected data and pictures was in the post box when he passed away. ii. To process the torment of distress I trust I encountered the torment of losing my dad when I came back to the UK in the wake of experiencing three weeks of the memorial service and different ceremonies identified with death in my way of life. The social customs are a blended pack of tears, chuckling, imploring, singing and imparting recollections and connection to the expired. This, to a substantial degree, slipped me into the lamenting procedure. Be that as it may, the genuine torment of his misfortune occurred when I came back to the UK where I could lament in private. I wound up staying away from companions and different partners. Maybe my personality had been removed and that made me sorrowful. This echoes the recommendation by Caserta and Lund (1992) that the deprived may need to rethink their character. Provoking inquiries like 'Who am I now that I am not any more a girl?' Hall (2011) and Caserta and Lund (1992) propose this can set in movement a procedure of re-learning ourselves and the world. On reflection, companions and partners helped me to remember "the me" that I had lost. The agony would go back and forth. I frequently cried individually. The crying and tension agrees with Bowlby's recommendation that loss of the affectional connection results in enthusiastic unsettling influences, for example, uneasiness, crying and outrage (Freeman, 2005). I encountered this for over a year and felt lost. Albeit working, I was never again myself. I began having incessant dreams of my dad and would anticipate going to bed where I could be with my dad. iii. To conform to a world without the expired It is hard to distinguish precisely when it was that I changed in accordance with an existence without my dad. It required a long investment. Despite the fact that we lived a long way from one another, my dad assumed a noteworthy job in a large portion of my choices and consolations. Two occasions added to my change. Right off the bat, my mom urged me to enroll for a Masters course that I was talking myself out of. All of a sudden, I saw my dad's characteristics in her. The security and trust I had in my dad had exchanged to my mom. Also, crying wildly at a congregation in the UK the day I got news that my sibling had passed on in an auto crash. On reflection I understood that in spite of the fact that I was cryin>GET ANSWER