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BUS 311 (Business Law)
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BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions: 1.
b)
If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant. 2. In which state or states can the suit be brought? 3. Assume that Javier incurred $100,000 in damages.
a) Analyze whether the suit can be brought in federal court Explain the advantages and disadvantages of federal versus state court for this type of suit.
Guided Response: Analyze and respond to at least two of your classmates’ postings. Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not. BUS 311 Week 1 DQ 2 Tort or Crime In Chapter 1 of the text you read about the Bailey v. Eminem defamation case where the court held Eminem’s lyrics were protected by the First Amendment. Read the article and view the video (the links are listed under Week 1 Additional Learning Resources Required and Week 1 Multimedia Required) to the Pahler v. Slayer case. Respond to the following questions:
3.
1. Did the Pahler court use the same reasoning as used in Bailey v. Eminem? 2. Should the court’s decision in Pahler be different because a young girl was murdered? Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.
BUS 311 Week 1 Quiz
1. Question : Student Answer:
If a state enacted a law that made it illegal to sing the national anthem of other countries, such a law would violate the ______ of the U.S. Constitution. Commerce Clause
First Amendment Due Process Clause Equal Protection Clause Instructor The answer can be found in Section 1.1 Explanation: The Constitution of the text. Points Received: Comments:
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BUS 311 Week 2 Assignment Critical Analysis Paper In 2003, I entered into a rent to own lease, which stipulated that the rental amount was $1,500 monthly with the amount of $500.00 monthly going towards my down payment towards the purchase of the property in 2 years. I maintained this contract until 2005 at which time I was supposed to have maintained proper credit in which to secure a bank loan to purchase the property outright. In 2005, I was still unable to secure a bank loan in order to purchase the house as the rent to own lease stipulated, and an alternative contract was entered into for rental only. The only terms of the contract that changed were the switch from rent to own to just rental. The funds from the rent to own contract set aside to go towards my down payment were forfeited. The monthly rental amount remained the same. This contract was successfully fulfilled from 2005 until 2008 at which time I discovered that the house I was living in was under foreclosure. The landlord or lessor of the lease breached the contract by not maintaining ownership of the property. By not retaining ownership of the house, the landlord breached the contract with me because our contract became null and voided. Even though I maintained my end of our contract by making monthly payments to the landlord I still had to vacate the property because I had no contract with the bank that foreclosed on the property. In 2008, there were no course of action I could take and no laws protecting the tenant if the landlord lost their property. So I had to vacate the property
BUS 311 Week 2 DQ 1 Elements of a Contract
Read the Case Campbell Soup Co. v. Wentz in the text. Answer the following questions: 1.
5.
What were the terms of the contract between Campbell and the Wentzes? 2. Did the Wentzes perform under the contract? 3. Did the court find specific performance to be an adequate legal remedy in this case? 4. Why did the court refuse to help Campbell in enforcing its legal contract? How could Campbell change its contract in the future so as to avoid the unconsionability problem? BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC).
Read the Ace Heating and Cooling scenario in your text and answer the following questions: a. Under UCC 2-302, who has the best chance of getting out of the contract due to unconsionability? b. The symbol for justice features a woman wearing a blindfold illustrating that the law should be applied the same way regardless of who the parties are. Does the UCC rule seem to contradict this? Which approach do you think is more ethical? c. Note that both Glamour and Shady Rest are businesses, and courts rarely find that contracts between two businesses are unconscionable. The rationale is that a business is a sophisticated entity, familiar with transactions and able to protect itself. Do you think Glamour and Shady Rest are in a comparable position in regard to this contract? Why or why not? BUS 311 Week 2 Quiz
Katrina is complaining to her landlord about the six-inch long cockroaches in her apartment. The landlord scoffs, saying: “Cockroaches don’t get that big! I'll pay $10,000 to anyone who can show me a six-inch cockroach.” Will, a 1. Question : bug collector, overhears and promptly presents the landlord with his prize sixinch South American cockroach. The landlord refuses to pay, and Will sues. Which of the following best describes the situation? There is no contract because the Student landlord never intended to make an Answer: offer. There is no contract; a reasonable person wouldn’t believe the landlord intended to pay. There is no contract because Will did not have the power of acceptance. There is definitely a contract. Instructor The answer can be found in Section 4.2 Explanation: The Offer of the text. Points
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BUS 311 Week 3 DQ 1 Employment at Will Should the law allow an employer to fire an employee without a good reason? Conduct research to provide examples to support your position and use your own personal employment experiences when possible. Have you observed situations where an employee was fired? Did the employer give a reason? Do you believe the employer’s actions were legal? BUS 311 Week 3 DQ 2 A Principals Responsibility for the Actions of Their Agent Karen is shopping at Big Mart. She has with her an umbrella which is the same brand Big Mart carries. When a Big Mart employee, Steve, sees her leave with the umbrella without going through the checkout lane, he asks her to come back into the store. Steve says that he thinks Karen is shoplifting the umbrella. Karen tells him that she has had the umbrella for years and shows him marks of wear and tear. Steve apologizes and tells Karen she is free to go. Can Karen successfully sue for false imprisonment or defamation? From what you have learned about the relationship between a principal and an agent, analyze whether Steve or Big Mart could be liable because of Steve’s actions. BUS 311 Week 3 Final Paper Preparetion Origin of the fire at will law Theat will law was put into place to protect both the employee and the employer. By making the employment at will both the employer and employee can void the contract at anytime without repercussion.
I. The pros of at will employment laws A. For employers 1. The ability to fire unproductive employees 2. The ability to fire in the event of downsizing or budget cuts. B. For employees 1. The ability to quit or request a raise at any time 2. The ability to look for and accept a position with another employee.
II. The cons of at will employment laws
1. For employers 1. Losing money on the hiring process and training. 2. Lossof exemplary employees to competition. 2. For employees 1. Unreliable employment 2. Lost of benefits at any given moment. III. Exceptions
1. Legal exceptions BUS 311 Week 3 Journal Your Experiences Reflect for a moment on your ideas prior to taking this class about contracts, legal reasoning, or employment law. Has your understanding of these subjects changed or have your prior beliefs about these issues been confirmed? Will concepts learned in this class have a practical application in your personal or professional life? Why or why not? BUS 311 Week 3 Quiz
1. Question :
The United States has laws that prevent an employer from terminating employees without due cause.
Student True Answer:
False
Points Received: 1 of 1 Comments:
2. Question :
Peter owns an auto dealership. Peter hires Cara as a receptionist, Ben as a salesperson, Stacy as a mechanic, and the “Clean as a Whistle Co.� to come in at night and clean the premises. Which situation is LEAST likely to result in liability for Peter?
BUS 311 Week 4 DQ 1 Real, Intellectual, and Personal Property List two characteristics each of real, intellectual, and personal property. Do owners of real, intellectual, and personal property each have the same rights under the law? List how each type of property is treated under the law. Explain why it is in the best interest of society to treat these types of property the same or differently.
BUS 311 Week 4 DQ 2 Business Ethics Read the article Governance in the Spotlight: What Sarbanes Oxley means to You. In this article the author outlines provisions companies are now required to implement. Consider the requirements imposed by Sarbanes Oxley on corporate boards of directors. Do small businesses and privately held companies have ethical duties? If so, to whom would they owe this duty? Employees? Customers? Vendors? Should the law impose ethical requirements on small businesses or privately held companies or can the marketplace police unethical business behavior? Provide support to justify your position.
BUS 311 Week 4 Journal Business Ethics Reflect upon the ethical requirements imposed on businesses by the law and society. Sarbanes Oxley was enacted in response to widespread ethics violations. Do publicly traded companies owe ethical duties to their investors beyond making a profit? In the business world, is there a difference between what is fair and what is ethical? Has information learned in this class challenged your ideas about business and ethics? Publicly traded companies absolutely owe ethical duties to their investors. When people invest in a company they are investing in that person and that person’s abilities to earn an honest living. Yes everyone is in it to make money, but at what price. Believe it or not there are some honest business men that want to make tons of money but fairly. If a person you are investing in will cheat others then they will more than likely cheat you as well. BUS 311 Week 4 Multimedia activity Business Organization List the general requirements of an LLC, partnership and corporation. Find an example of a business organization that is an LLC. Discuss why this company preferred to be formed as an LLC instead of a partnership or a corporation. Describe at least one advantage or disadvantage of the LLC form for the company. General requirements for an LLC, a partnership and a corporation are basically the same legally. All three must be for profit and must be an association of two or more people. The LLC, partnership or corporation must also be active enough to be considered a business. There are different legal requirements for the three, for instance an LLC must be able to secure a $100,000 employee/worker bond and $1,000,000 in liability insurance. The reason behind this is because legally when dealing with a LLC the people involved with forming the LLC has limited liability than say a partnership or corporation would. In a partnership all partners are considered co-owners And as each partner is both a principle and agent of the partnership each hold equal liability. A corporation is considered legal entities in the eyes of the law, I.E. “an artificial person that enjoys an existence apart from the individuals who own or manage it.�( Rogers, S 2012) So a corporation itself is culpable in the eyes of the law and not the individuals. Lowes family real estate LLC is a family owned LLC in Indiana and there are several reasons why a family owned LLC is a better fit for them than a partnership or a corporation.This company would prefer to form an LLC as opposed to a partnership or a corporation because of the limited liabilities a LLC offers. Formation of an LLC is a lot more relaxed than a partnership or a corporation and has lower filing fees. As far as taxes an LLC has flow-through taxations where the members are taxed on their earnings and the business itself is not taxed. This form of LLC would also help adapt its wealth system to better achieve wealth continuity and to continue a family legacy.
BUS 311 Week 4 Quiz
Kevin and Emily own a house as joint tenants. If Kevin dies, Emily will own Student an undivided 50% interest in the house Answer: jointly with Kevin’s heirs. a divided 50% interest in the house jointly with Kevin’s heirs. the house, but only if she applies for partition and can pay Kevin’s heirs their share. the house. The answer can be found in Section 11.3 Instructor Real Property, Possessory Interests in Explanation: Land, in the text.
1. Question :
Points Received: Comments:
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2. Question :
The power of the government to regulate what use real property may be used for is known as
Student Answer:
adverse possession.
eminent domain. zoning. community impact restriction. The answer can be found in Section 11.3 Instructor Real Property: Regulations and Real Explanation: Property, in the text. Points Received: Comments:
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BUS 311 Week 5 DQ 1 Intellectual Property and Technology Internet domain names are linked to trademark issues. Technology makes it easy to copy and distribute music and movies without paying royalties. Business conducted on the internet raise security and privacy issues. What legal concerns are raised by these issues? Predict which of these issues will be of major concern in the future in regard to the law and business practices.
BUS 311 Week 5 DQ 2 The Global Marketplace How do governments attempt to control foreign businesses operating within their borders? When U.S. companies do business in other countries, what issues do they face? Describe the responsibilities and ethical concerns that you feel are important for U.S. companies to consider when doing business in other countries
BUS 311 Week 5 Final Research Paper Ready Aim Fire At-Will Employment The at-will employment doctrine “employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice. (Rogers, S. 2012) was put into place to protect both the employee and the employer. By making the employment at-will both the employer and employee can void the contract at any time without repercussions. The "Employment At Will" Doctrine was created in the US in the late 1800's. This Doctrine was favored by employers since it gave them extreme freedom to run their business as they saw fit and protected them by the courts at the same time. As with most things that have too much freedom, abuses occurred that eventually gave rise to employee’s up-rising by joining unions. Due to this and the Civil Rights laws implemented in the 1960's, companies started documenting their policies regarding how, why, and when an employee could be terminated. The courts then held companies accountable for following their employee manuals which in recent times have made companies scrutinize their manuals very closely and frequently� (Butsch, R., & Kleiner, B. H. 1997) Many people assume that with the at-will doctrine being put into place would stop employers from taking advantageand still fire people at any time, whenever they felt like it leaving that employee floundering with unexpected loss of income. That assumption is only half right; the At-will doctrine means that an employee can leave also whenever they want leaving that employee shorthanded and possibly causing that employer money as well as time. There are both pros and cons to both sides when it comes to the at-will doctrine and this paper will give you examples of for both sides.