6.1 A statute gives the Department of the Interior the power to allow or to curtail mining within the national forests “as the best interests of all users of the national forest shall dictate.” Is this a valid delegation of legislative power to the agency, or is it too broad a delegation of power? 8.1 Before deciding which remedies are available under Article 2 of the UCC, one must first determine whether the transaction involved the sale of goods. Consider the following fact patterns. A. Tanzer entered into a contract with Audio Visual Artistry to install a “smart home” system in Tanzer’s house, which was under construction. The contract included expert installation services for a custom home theatre, lighting, music, and phone system. Was the contract for a sale of goods or services? [Audio Visual Artistry v. Tanzer, 403 S.W.3d 789 (Tenn. Ct. App. 2012).] B. Wachter, a construction company, entered into a contract to purchase an accounting and project management software package from DCI, a company that develops, markets, and supports software for construction companies. The package included “installation of the software, a full year of maintenance, and a training and consulting package.” Was the contract for a sale of goods or services? [Wachter Management Co. v. Dexter & Chaney, Inc., 144 P.3d 747 (Kan. 2006).] C. A customer sued a New York restaurant for breach of warranty after a glass of water allegedly exploded in his hand during the course of a meal. Does the claim involve the sale of goods? [Gunning ex rel. Gunning v. Small Feast Caterers, Inc., 777 N.Y.S.2d 268 (N.Y. Sup. 2004).] D . Brenda Brandt underwent an operation at the Sarah Bush Lincoln Health Center to implant a ProtoGen Sling to resolve her urinary incontinence. Instead of solving the problem, the sling resulted in serious complications and was subsequently removed. After the device was recalled by its manufacturer, Brandt sued the Health Center for breach of warranty. Does the claim involve the sale of goods or services? [Brandt v. Boston Scientific Corp., 792 N.E.2d 296 (Ill. 2003).

Spousal Consent

Provisions of the Florida Therapeutic Abortion Act, which required a married woman to obtain the husband’s consent before abortion, were found to be unconstitutional. The state’s interest was found not to be sufficiently compelling to limit a woman’s right to abortion. The husband’s interest in the baby was held to be insufficient to force his wife to face the mental and physical risks of pregnancy and childbirth.43 In Doe v. Zimmerman (1975),44 the court declared unconstitutional the provisions of the Pennsylvania Abortion Control Act, which required that the written consent of the husband of a married woman be secured before performing an abortion. The court found that these provisions impermissibly permitted the husband to withhold his consent either because of his interest in the potential life of the fetus or for capricious reasons. The natural father of an unborn fetus in Doe v. Smith (1988)45 was not entitled to an injunction to prevent the mother from submitting to an abortion. Although the father’s interest in the fetus was legitimate, it did not outweigh the mother’s constitutionally protected right to an abortion, particularly in light of evidence that the mother and father had never married. In the 1992 decision of Planned Parenthood v. Casey, the Supreme Court ruled that spousal consent would be an undue burden on the woman.

Incompetent Persons’ Consent

Abortion was found to be proper by a family court in In re Doe (1987)46 for a profoundly retarded woman. She had become pregnant during her residence in a group home as a result of a sexual attack by an unknown person. The record had supported a finding that if the woman had been able to do so she would have requested the abortion. The court properly chose welfare agencies and the woman’s guardian ad litem (a guardian appointed to prosecute or defend a suit on behalf of a party incapacitated by infancy, mental incompetence, etc.) as the surrogate decision makers.

The Court Was Appalled, Tomcik v. Ohio Dep’t of Rehabilitation and Correction.

In 500 words explain the following

1. Do you agree with the court’s decision? Discuss your answer

2. Discuss why the court was appalled

3. What ethical values were lacking by the caregivers?

Background Information: Rights of Grandparents

As family structures have changed due to increases in divorce and single parenting, the role of grandparents has also changed. As a result, more decisions about grandparents’ visitation rights are being made by courts and state legislatures. Since the mid-1970s, all 50 states have passed laws granting grandparents the right to petition the courts for legally enforced visitation privileges. Before this time period, grandparents had no rights to their grandchildren except by consent of the children’s parents.

Early court decisions (e.g., Odell v. Lutz, 1947) emphasized parental autonomy and ruled that grandparent visitation rights would undermine parental authority. In fact, it was stated that grandparent visitation rights could subject children to intergenerational conflict (e.g., Noll v. Noll, 1950). These rulings also went along with the long tradition that the legal system should only intervene in the family in extreme circumstances. Early granting of grandparent visitation rights (e.g., Benner v. Benner, 1952) came in cases in which the grandchildren had lived with the grandparents for extended periods, or in cases in which the parents were deemed “unfit,” and the grandparents were given custody.

Consider the landmark case of Troxel v. Granville (2000). In 2000, based on this case, the United States Supreme Court placed limits on the grandparent visitation laws. The court concluded that parents who provide adequate care for their children must be able to decide with whom their children will associate. To leave such decisions up to a judge, in the view of the Supreme Court, would conflict with parents’ basic constitutional rights.

Discussion Question:

Discuss the pros and cons of regulated and enforced grandparent visitation rights. Part of your answer and discussion should involve the roles that grandparents play in grandchildren’s lives (e.g., alternative caregivers, playmates, family historians and transmitters of family values and traditions, advice-givers to parents). Also consider how to resolve intergenerational conflict, how to determine the “children’s best interests,” the consequences of grandparent visitation rights on family functioning, and how to resolve the grandparent policy.

Alumni donations are an important source of revenue for college and universities. If administrators could determine the factors that could lead to increases in the percentage of alumni who make a donation, they might be able to implement policies that could lead to increased revenues. Research shows that students who are more satisfied with their contact with teachers are more likely to graduate. As a result, one might suspect that smaller class sizes and lower student-faculty ratios might lead to a higher percentage of satisfied graduates, which in turn might lead to increases in the percentage of alumni who make a donation. Table 15.13 shows data for 48 national universities (America’s Best Colleges, Year 2000 Edition). The column labeled Graduation Rate is the percentage of students who initially enrolled at the university and graduated. The column labeled % of Classes Under 20 shows the percentage of classes offered with fewer than 20 students. The column labeled Student-Faculty Ratio is the number of students enrolled divided by the total number of faculty. Finally, the column labeled alumni Giving Rate is the percentage of alumni that made a donation to the university.

Acquisitions and Payment Cycles

• List the accounts which are significant in acquisitions and payment cycles.

• List why these accounts are considered significant and how they are involved in the acquisition and payment cycle.

1. Identify the different departments in a hospital and list all of the test performed in these departments:

2. List and justify the various pieces of information that must be included on a laboratory requisition

1. Describe what is meant by a prior period adjustment, and give 2 examples.

2. List and explain the advantages of a corporation.

3. List and explain the disadvantages of a corporation.

# List the two private member variables (including name and functionality) in the node class.

#Write a general pattern for a loop statement that traverses all the nodes of a linked list

Business Law List the four types of consideration. 2. Can $1.00 be adequate consieration? Why or why not? 3. List the three exceptions to the preexisting-duty rule.