Question
1) Which of the following does not result in a decision rendered by the hearing officer?

A. Arbitration

B. Mediation

C. Med-arb

D. Using expert evaluators

2) Jurisprudence is defined as

A. adjudication of law suits

B. the enactment of laws by a government body

C. the science and philosophy of law

D. the duties and obligations owed by a citizen

3) The state of Kansas has enacted a new law requiring all commercial trucks driving on Kansas roads to have special mud flaps installed. These mud flaps have been proven to make driving in the rain significantly safer due to reduced mist created by trucks driving in the rain, although data regarding accidents and injuries has not yet been determined. Any truck entering Kansas must have these flaps installed or will be subject to a significant fine and delay. The cost for purchase and installation of these flaps is $1,000 per truck. In short, trucks must have these flaps or go around the state. This Kansas law

A. is valid because it only applies to Kansas roads and such a law is entirely intrastate

B. is valid because Kansas’s right to protect its citizens under its police powers will override any outside challenges to this law

C. is invalid because this law is intended to regulate interstate commerce, an enumerated federal power

D. is invalid because although on its face it’s an intrastate law, this statute will have a significant economic effect on interstate commerce causing an undue burden

4) The power of preemption is derived from

A. the power of judicial review

B. the Commerce Clause

C. the Necessary and Proper Clause

D. the Supremacy Clause

5) What is the main problem with international courts?

A. Finding judges who understand the complexities of international law

B. Creating a body of law that reflects multiple legal systems

C. Enforcing a ruling on sovereign nations is difficult

D. Lack of recognition from the U.N. and WTO

6) Under the U.S. legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and defendant

A. are all paid by the loser

B. are all paid by the winner

C. are paid for by each side with the plaintiff and defendant paying for their own legal costs

D. are totaled by the court and then for fairness, split in half with each side paying an equal amount

7) Generally, torts law is governed by

A. state statutory law

B. state common law

C. federal statutory law

D. constitutional law

8) Assumption of risk is a defense to

A. conversion

B. negligence

C. defamation

D. battery

9) The three stripes on Adidas clothing represents a

A. trademark

B. trade dress

C. trade secret

D. patent

10) The color or shape of an item, if distinctive, is a

A. trademark

B. trade dress

C. copyright

D. patent

11) Cybersquatting describes the practice of

A. registering multiple domain names and then selling them back to companies at inflated prices

B. hacking into a company’s website to install a virus or Trojan horse designed to steal information but allow the site to continue operation

C. using mechanical devises to access a company’s website multiple times to the point that traffic to the site is slowed or blocked

D. hacking into a company’s website to install a virus designed to cause the company’s website to totally cease operation

12) The Digital Millennium Copyright Act (1998) provided each of the following protections EXCEPT

A. manufacturers of CD-Writers were required to pay 2% of their sales into a fund to be distributed to copyright holders because the CD-Writers could easily copy music and other copyrighted works

B. civil and criminal penalties were established for those who sell or manufacture products or services that circumvent antipiracy software

C. restrictions were placed on analog recorders and camcorders that lack antipiracy features

D. ISPs were relieved of liability for copyright infringement by their users as long as the ISP had no knowledge of the infringement

13) When Maria comes home from work, she finds that her yard has been mowed and trimmed. An hour later, a man comes to her door to collect payment for the yard work. Maria refuses to pay him because she has never seen him before nor had she hired him to do the work. Which of the following is accurate?

A. This is an implied, unilateral contract, so she must pay.

B. Maria has received unjust enrichment so a quasi contract is formed, so she must pay.

C. The court would make Maria pay the reasonable cost of the work to be fair to both parties.

D. Maria would not have to pay anything.

14) Where a promise can only be accepted by the performance of the person to whom it is offered is an example of a/an

A. bilateral contract

B. unilateral contract

C. implied contract

D. quasi contract

15) Each of the following is a discharge by mutual consent EXCEPT

A. accord and satisfaction

B. novation

C. rescission

D. frustration of purpose

16) Harry sees an AK-47 automatic assault rifle in a gun shop window. He inquires about the price and is told that it is $2,500. Harry signs a contract promising to pay the $2,500 on Friday, taking possession of the rifle when payment is made. On Thursday, a law is enacted making the ownership, sale, or possession of an automatic rifle illegal. This contract

A. automatically terminates due to impossibility

B. automatically terminates due to impracticability

C. automatically terminates due to frustration of purpose

D. is enforceable and not affected by the new law because it was entered into before the law took effect

17) Which of the following is rarely awarded in contracts cases?

A. Consequential damages

B. Compensatory damages

C. Punitive damages

D. Liquidated damages

18) Which of the following is classified as an equitable remedy?

A. Consequential damages

B. Reformation

C. Restitution

D. Liquidated damages

19) Which of the following would not be considered tangible?

A. A car

B. Oxygen

C. The right of ownership

D. The pen or pencil you are using

20) With regard to consideration in a sales contract, the UCC differs from the common law in that

A. consideration in a sales contract may be modified without additional consideration

B. consideration exchanged must be equal or very closely equal in sales contracts

C. consideration is not required in sales contracts

D. consideration in a sales contract may be modified as long as additional consideration is provided

21) The UCC will permit an incomplete or slightly ambiguous contract to be enforced using each of the following criteria EXCEPT

A. past commercial conduct

B. industry standards or norms

C. judicial input of any terms necessary to maintain fairness

D. correspondence or verbal exchanges between the parties

22) Two merchant companies have entered into a contract for the sale of goods but have had no prior dealings, which would establish a course of conduct between them. The UCC will allow gap fillers to apply to their contract regarding missing terms in each of the following situations EXCEPT

A. they have failed to specify when payment for the goods is to be made

B. they have failed to specify where delivery of the goods is to be made

C. they have failed to specify the quality or grade of the goods to be delivered

D. they have failed to specify the price of the goods to be delivered

23) When a buyer rejects nonconforming goods and purchases the appropriate goods from a different seller, this is an example of which of the following:

A. Cover

B. Specific Performance

C. Lawsuit for Money Damages

D. Revoking Acceptance

24) Which of these is not a requirement for disclaiming a warranty?

A. Statutory authorization

B. A conspicuous writing

C. Explaining why the warranty is being disclaimed

D. Including the word merchantability if merchantability is to be disclaimed

25) “What if everyone took these same actions” is a question sometimes called the

A. universalization approach

B. utilitarian approach

C. functionality approach

D. morality approach

26) The utilitarian approach to moral philosophy was founded by

A. Jeremy Bentham

B. Immanuel Kant

C. Cicero

D. Kenneth Lay

27) Stan is an investment manager. He has received money from various investors with a promise of very high returns on their investments. The invested money is not supplying enough capital in order to pay the returns promised, so he has started using new investor’s money to pay older investors. By advertising and by word of mouth, people are anxious to invest with Stan because of the money being paid, and with the influx of new investors, he is able to continue operating. Stan is

A. operating an insider trading operation

B. racketeering

C. guilty of conspiracy to defraud

D. operating a Ponzi scheme

28) Ben is the manager of a branch of a large bank. He has regularly taken money from customer’s accounts for his own use and changed the bank records to cover his actions. Ben is guilty of

A. a conspiracy

B. a Ponzi scheme

C. racketeering

D. embezzlement

29) The Sarbanes-Oxley Act (2002) imposed stricter regulations on how corporations do business through regulations in each of the following areas EXCEPT

A. tax compliance

B. financial reporting

C. corporate governance

D. auditing

30) Joan is the CFO of Para Corp. and is a year from retirement. In order to guarantee herself a very substantial bonus and to boost her retirement package, she knowingly certifies false financial reports making the company appear to be much more profitable than it really is. She further takes steps to assure that the financial report was not reviewed through internal controls maintained by Para Corp. Under the provisions of the Sarbanes-Oxley Act (2002), if her fraud is NOT part of a larger scheme, what criminal penalties are possible for Joan?

A. $1 million in fines and up to 10 years in prison

B. $2 million in fines and up to 12 years in prison

C. $5 million in fines and up to 15 years in prison

D. $10 million in fines and up to 20 y

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Please review the article. The resource that needs cited is http://articles.chicagotribune.com/2014-01-24/news/ct-mundelein-child-murder-justice-met-20140126_1_adult-court-killing-sister-juvenile-court. Please only bid if English is your native language.

Teen accused of killing sister could be tried as adult
Adult conviction could mean years in prison for 14-year-old
January 24, 2014|By Lisa Black and Duaa Eldeib, Tribune reporters

Had she been one year older, a 14-year-old Mundelein girl accused of fatally stabbing her 11-year-old sister would automatically have faced murder charges as an adult under Illinois law.
But because the suspect is younger than 15, Lake County’s top prosecutor has discretion in recommending whether she be tried in the juvenile or adult criminal justice systems. The path chosen could lead to very different destinations: If convicted in adult court, the girl could get 20 to 60 years in prison. A guilty verdict in juvenile court would likely mean juvenile detention for seven years, or until she turns 21.

“This will be a tough decision,” said State’s Attorney Michael Nerheim, who could spend several weeks reviewing the case before making a recommendation. Among the factors he’ll consider are the girl’s age, criminal and mental health history, public safety and the circumstances of the alleged murder, including possible premeditation.
“I want to make sure I have all of the necessary information required to make an informed decision,” he said.
The 14-year-old remains at a Vernon Hills juvenile detention facility, with arraignment scheduled for Friday.
She’ll remain locked up while loved ones pay final respects to her sister, Dora Betancourt, whose funeral will be in Libertyville on Wednesday.
Dora’s severely wounded body was found in her bedroom Tuesday morning after police said they responded to a 911 call placed by the 14-year-old.
Authorities have said the teen told police that she had fetched a kitchen knife and stabbed her sister multiple times that morning because she was angry over a fight they had had the prior evening.
The teen, who initially blamed the attack on an intruder, complained that Dora was not grateful for her older sister’s efforts around the house.
The children lived with their mother, who had left for work.
A juvenile judge will have the final call on whether the girl is tried as an adult, if Nerheim makes that recommendation, experts said.
“The ultimate question is what is in the best interests of the public,” said Alison Flaum, legal director of the Children and Family Justice Center at Northwestern University’s law school.
In the juvenile court system, proceedings and records are more restricted from public view than in adult cases. The teen, if convicted, would be released at or before age 21. Her criminal record would be available to police, and she would likely be placed on a state violent offender’s list that would alert the public to her history, said Flaum, who is opposed to juveniles being tried as adults.
“It’s a false notion that we have to choose juvenile court where everything is hidden away from public view forever or — if we are concerned about public safety — that we have to go the criminal adult route,” she said.
If the teen were convicted in adult court, she would remain in juvenile detention until at least age 17, then be moved into the regular prison system, authorities said.

“The one-year difference in this girl’s age has enormous implications for how she can or will be processed,” said David Olson, a criminal justice professor at Loyola University Chicago . He added that the “going rate” for an adult murder sentence is about 40 years.
“It’s substantial,” he said. “Depending on how you view the prospects of rehabilitation or prison, one sentence will allow her a fair amount of life being free .”
If convicted of murder as an adult, the girl would be considered a long-term inmate in an adult system whose primary purpose is to house prisoners until they serve out their sentences, said Chris Bernard, program coordinator at the Cook County Justice Advisory Council.
That stands in stark contrast to the juvenile system, where the mission is rehabilitation, he said.
“They know, inevitably, any young person they have in their custody is going back out into the community ,” Bernard said. “The ultimate goal is creating a person who’s ready to go back into society.”
Jennifer Bishop-Jenkins, a national advocate for victims, said she believes that each case should be judged individually. She does not agree with hard-and-fast objections to meting out adult justice against some teenage offenders.
Impulsiveness and peer pressure are common defenses for young defendants, she said.
“Unfortunately, sometimes — rarely, thank God — there are people under the age 18 who are already so dangerous and so broken that they have to be kept away from us,” said Bishop-Jenkins, president of the National Organization of Victims of Juvenile Lifers.
“You would want to use really good risk assessment tools.”
Family friends, who described Dora and her older sister as close and loving toward one another, are still stunned by the allegations.
“Those two were inseparable,” said Christine Coleman, one of Dora’s cheerleading coaches. “They looked out for each other.”
At practice, Dora was always smiling, Coleman said.
“She was the light in everybody’s eyes,” she said. “She was that shining star.”
Tribune reporter Dan Hinkel contributed.
lblack@tribune.com
deldeib@tribune.com

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Identify one (1) of the most common health issues facing refugee people living in Australia.

Order Description
Assessment Coding
Assessment for this unit of competency is based on competency based grading. All assessment tasks, except Practical Observations and Clinical Placements are weighted and graded. Overall final grades applied to this unit of competency are:

Competency Not Achieved (CNA)
0-49% Competency achieved ? graded (CAG)
50-59% Competent with Credit (CC)
60-69% Competent with Distinction (CDI)
70-79% Competent with High Distinction (CHD)
80-100%

Re-assessment
Any re-assessment is conducted as soon as practicable after you have been informed of the requirement to be re-assessed and have been given the opportunity to be re-trained and assimilate the training. You are re-assessed only in the areas your assessor deems that you have not met the required standard. It is at the assessor/s discretion to re-assess the entire assessment should it be demonstrated an overall understanding of this unit has not been achieved.

Reasonable Adjustment for this unit College Based Workplace Based
Assistance of a learning support teacher for LLN issues Choose an item.
Choose an item.Modifications to physical environment, e.g. wheelchair access Choose an item.
Choose an item.Changes to course design, e.g. instead of written assessment task ? change to verbal questioning & assessor to write the answers Choose an item.
Choose an item.Changes in lecture schedules and arrangements, e.g. relocating classes to an accessible venue Choose an item.
Choose an item.
I acknowledge the assessment process has been explained and agree to undertake assessment. I am aware of Careers Australia?s appeals process, should the need arise. I also understand that I must be assessed as ?satisfactory? in all parts of the assessment to gain a competent result for this unit of competency. I declare that the work contained in this assessment is my own, except where acknowledgement of sources is made. I understand that a person found responsible for academic misconduct will be subject to disciplinary action (refer to student handbook).

Student Signature:?
Date:

Assessor use only

Assessor Comment/Feedback: ?

Assessor Name: ____________________ Assessor Signature: ________________

Date: _________________ Result: _________%

Resubmission: YES / NO Due Date: ________________

Office use only:
Results entered by:

Date: Skills Centre:

Assessment: Poster Presentation
Assessment Weight: 50%
Pass Rate: Candidate must obtain 50% (CC) or greater to pass.

Student instructions:
This is a group assignment ? student groups of 3 – 5 allocated by the educator, are to develop:
? Part A: Poster (as per the scenario)
? Part B: Presentation
o Each student must present information from one section of the poster. E.g.:
? The Australian Health Care system
? Cardiovascular disease in Aboriginal and Torres Strait Islander people
? Refugee Health in the Australian Population
? Approximate presentation time should be no more than twenty-five (25) minutes.

To complete the two parts you will need to demonstrate evidence of:
? Interviewing skills
? Questioning skills
? Active listening
? Working with others and using sensitivity with people
? Cultural, social and religious sensitivity
Resources:
Koutoukidis, G, Stainton, K & Hughson, J 2013, Tabbner’s Nursing Care Theory and Practice, 6th edn, Elsevier Australia, NSW.
Willis, E, Reynolds, L & Keleher, H 2012, Understanding the Australian Health Care System, 2nd edn, Elsevier, NSW Australia
Web ?Based Sources:
Australian Government Department of Human Services, Migrants, refugees and visitors, viewed 9 June 2015, < http://www.humanservices.gov.au.>
Australian Government Department of Health, Medicare, viewed 9 June 2015
Australian Indigenous Health Info Net, Cardiovascular Health, viewed 9 June 2015,
Nursing and Midwifery Board of Australia 2016, the Enrolled Nurse Standards for practice, viewed 13 May 2016 < http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Professional-standards.aspx>

Nursing and Midwifery Board of Australia, 2007, Code of Ethics for Nurses in Australia and Code of Professional Conduct for Nurses in Australia, viewed 9 June 2015 Primary Health Care Research and Information Service, viewed 9 June 2015,

Part A: POSTER ? Health Care in Australia (may be E-POSTER or A3 cardboard)

The poster will address specific items about the Australian Health Care system and will highlight Cardiovascular disease in Aboriginal and Torres Strait Islander people and Refugee access to the Australian Health Care system.

Poster Instructions:
? Must be completed BEFORE the practical presentation.
? The A3 poster should be visually well constructed and effective in communicating information to the viewer OR the e-Poster should be informative and creative with graphics, web and video links.
? e-Posters will be displayed by using Power point slides: maximum ten (10) slides, not including slide for references
? Researched answers must be provided to your Educator before the presentation.
? All questions must be answered.
? Posters should only include main points relevant to each section.

Scenario
You are Enrolled Nurses working in a General Practice Clinic that uses a bulk-billing method of payment. Many of your clients have an Aboriginal and Torres Strait Islander cultural background. A growing number of your client?s are new refugees from Africa and Afghanistan.

You have been asked by your practice manager to work together, to design two (2) posters or 2 PowerPoint E-Posters for the practice waiting room to inform clients and/or staff about different cultural health needs. After consultation/collaboration with the registered nurse you have identified key areas of information that need to be provided to each client group:

Poster: Health Care in Australia ?
The poster will address specific items about the Australian Health Care system and will highlight Cardiovascular disease in Aboriginal and Torres Strait Islander people and Refugee access to the Australian Health Care system.

PART A: Poster – The Australian Health Care System
Highlighting Cardiovascular disease in Aboriginal and Torres Strait Islander people and Refugee access to the Australian Health Care system.

1. The Australian Health Care System (18 marks)
1.1 Identify how the Australian Health Care System is funded. (2 marks)
1.2 Explain primary, secondary and tertiary health care. (1 mark each = 3 marks)
Primary Care ?
Secondary Care ?
Tertiary Care ?
1.3 Explain public and private health care. (3 marks each = 6 marks)

Public health care is:
Private health care is:

1.4 Identify one (1) example of publicly, privately and community funded health care services.
(1 mark each = 3 marks)
? Public
? Private
? Community
1.5 Identify the two (2) types of private health insurance and list two (2) health services that are covered by private health insurance. (1 mark each = 4 marks)

2. Cardiovascular disease in Aboriginal and Torres Strait Islander people (19 marks)
2.1 Cardiovascular disease involves the heart and circulatory system. It refers to all diseases and conditions of this system including; Coronary heart disease, Heart failure, Rheumatic heart disease and Peripheral vascular disease.
Identify the incidence of cardiovascular disease in Aboriginal and Torres Strait Islander people and how it compares to the general population. (3 marks)

2.2 List one (1) way in which cardiovascular disease in Aboriginal and Torres Strait Islander people has impacted on the development of health policy. (2 marks)

2.3 Identify one (1) cause of cardiovascular disease. (1 mark)
2.4 Identify two (2) socio-cultural factors that put this cultural group of people at risk for developing cardiovascular disease and poor health outcomes in general.
(1 mark each = 2 marks)

2.5 Identify one (1) currently funded program and its strategy, which has been put in place to address cardiovascular disease in Aboriginal and Torres Strait Islander people.
(1 mark for identifying the funded program, 2 marks for explaining the strategy = 3 marks)
Fund:
Strategy:
2.6 Identify and evaluate the effectiveness of one (1) health promotion strategy, in the area of cardiovascular disease in Aboriginal and Torres Strait Islander people.
(1 mark for identifying the health promotion strategy, 3 marks for the program?s evaluation = 4 marks
2.7 Identify two (2) strategies your clinic could implement to encourage Aboriginal and Torres Strait Islander clients to access primary health care.
(1 mark each = 2 marks)
2.8 Highlight two (2) areas of education that EN?s could address, that would assist in achieving better cardiovascular health for Aboriginal and Torres Strait Islander groups.
(1 mark each = 2 marks)

3. Refugee Health in the Australian Health Care System (8 marks)
3.1 Identify one (1) of the most common health issues facing refugee people living in Australia. (1 mark)

3.2 Identify one (1) issue that may have impacted on the health of these refugees outside of Australia. (1 mark)

3.3 Identify two (2) socio-cultural factors that limit these refugees from seeking adequate health care in Australia. (1 mark each = 2 marks)

3.4 Medicare provides access to medical and hospital services for all Australian residents and certain categories of visitors to Australia. Identify two (2) Medicare services that may be accessed by refugees. (2 marks each = 4 marks)

PART B: PRESENTATION
Presentation duration

This is a 25 minute presentation (this includes preparation and question time).

Remember the poster should be:

? Presented by all students with an allocated total time of 25 minutes, including 5 minutes for questions from the class.
? Informative and creative with graphics, and
? Visually well-constructed and effective in communicating information to the viewers.

The poster project & presentation will be assessed using the marking guide. This is an individual assessment.

Poster project and Presentation marking guide
Criteria Percentage
Overall Appearance & Layout of Material

? Relevant images, graphics & other visual elements
? Support ideas presented in the poster/slide show 15%
Presentation
? Introduced themselves and topic
? The student was well prepared
? The presentation followed a clear and logical sequence
? Easy to read
? Visual appearance, creative and interesting
? Speaks clearly and audibly
15%
Content
? All questions were answered following the embedded criteria:
o Information presented was relevant and accurate.
o Evidence of research and preparation
o Comprehensive & addresses all the requirements

Marks have been allocated to each question (a total of 45 marks)
45%
Sentence & Grammar
? Clearly conveys concepts
? Spelling grammar, punctuation and logical structure
5%
Research, Reading & Referencing
? Evidence of research and variety of sources
? Appropriate referencing
5%
Time management
? The student paced themselves appropriately.
5%
Peer involvement
? The presentation was engaging and encouraged active involvement of the class
5%
Discussion
? The answers to questions helped the rest of the class to clearly understand the presentation
5%
Total 100%

Marking guide Rubric for combined Poster_Presentation
Criteria Percentage Fail Pass Credit Distinction High Distinction
Overall Appearance & Layout of Material

15% Poorly designed poster with illegible font size used; Content difficult to see and not well set out for the paper size used. Little evidence of creativity Reasonably designed poster with some evident gaps in colour selection, font size and paper layout. Developing creativity.
Generally well designed and easily read with appropriate font size legible from a distance.
Appropriate paper size, layout & use of colour. Some evidence of creativity. Well designed and easy to read, font size legible from distance; visually pleasing poster, good use of colour. Appropriate paper size and correct layout. Creative. Exceptionally well designed and easy to read, font size legible from distance; visually pleasing poster, good use of colour. Perfect paper size and correct layout. Very creative.
Presentation

15% Did not demonstrate any preparation.
Disorganised. No logical sequence.

No introduction of group and topic.
It appeared that a few members had done most of the work Disorganised. Good group and topic introduction. Appeared disorganised at times. Equal participation of all members. Clear and logical sequence. Good group and topic introduction. Well prepared. Equal participation of all members. Clear and logical sequence. Creative introduction of group and topic. Well prepared. Equal participation of all members. Clear and logical sequence.
Content

45% Presentation did not include relevant or accurate information. No evidence of research. Appeared unprepared. Presentation included basic information. Evidence of minimum or no research. Appeared unprepared. Presentation included basic information. Evidence of some research. Appeared unprepared. Good presentation of relevant and accurate information. Evidence of some research. Well prepared. Excellent presentation of relevant and accurate information. Strong evidence of extensive research and preparation.
Sentence & Grammar

5% Poor grammar with many spelling and punctuation errors. Grammatical errors including spelling and punctuation. Minor grammatical, spelling or punctuation errors. Almost no grammatical, spelling or punctuation errors. No grammatical, spelling or punctuation errors.
Research, Reading & Referencing

5% No evidence of research or reading. No referencing provided Some evidence of research. Inaccurate/incomplete referencing. Generally well researched. Sufficient referencing provided. Well researched and referenced. Thoroughly researched and referenced with evidence of extensive reading.
Time management

5% Group members did not pace themselves appropriately and had multiple delays. Some group members paced themselves but with multiple delays.
All group members paced themselves appropriately but with multiple delays. All group members paced themselves appropriately with minimum delays. All group members paced themselves appropriately and consistently ,without any delay
Peer involvement

5% Did not attempt to engage the class at all.

Efforts to engage the class was not successful.

Some parts of the presentation involved class participation.
The presentation was engaging and encouraged active involvement of the class most of the presentation. The presentation was engaging and encouraged active involvement of the class throughout the presentation.
Discussion

5% Was not able to answer any of the questions from the class. Was not able to answer some of the questions from the class.
Answered questions from the class but was not able help the class understand the topic of the presentation. Answered questions from the class effectively.
The answers to questions helped the class to understand the topic of the presentation. Answered questions from the class effectively.
The answers to questions helped the rest of the class to clearly understand the presentation.

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