Law Comparison Between Ethical and Unethical Companies

/in /by

Law Comparison Between Ethical and Unethical Companies

ASSIGNMENT: Write an essay in which you compare and contrast an ethical and unethical person, organization, occupation, or company.

Tell me:

Why you consider your subjects to be ethical or unethical. Describe the situation fully.

Who the affected parties are, how they are affected and the decision process if known.

Discuss the consequences of the behaviors.

Discuss alternative options which were available, if any.

How was cost or profit affected?

You should also discuss the situations from a utilitarian, rights, justice and caring perspective,

FORMAT: Four to Six pages double-spaced – no shorter – using Arial 10 or Times New Roman 11.

ASSUMPTIONS: you may make realistic assumptions to provide further detail to

your analysis.

COVER Both ETHICAL AND UNETHICAL SIDES: Present a careful and thorough analysis comparing and contrasting both the ethical and unethical.

I expect:

An Introductory paragraph

A paragraph discussing the ethical

A second paragraph discussing the unethical

A paragraph comparing the two and another paragraph contrasting them

The final paragraph should be a summary

GRADING STANDARDS:

(1) Thinking: well-organized essay with clear transitions, easy to read;

good logical flow, with each point following from the last; intelligent

content/analysis with no fluff or repetition;

(2) Writing: easy-to-read, short sentences, making clear transitions from

one point to the next / one paragraph to the next; correct grammar, punctuation;

use of exactly the right words – including prepositions, conjunctions, and longer

words and phrases.FORMAT: Four to Six pages double-spaced – no shorter – using Arial 10 or Times New Roman 11.

Occupational Safety and Health Administration

/in /by

 Occupational Safety and Health Administration

Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, including the opinion of Judge Rodgers as well as the dissenting opinion of Judge (now-Supreme Court Justice) Brett Kavanaugh.

Write a case study review of the court’s opinion that answers the questions below. Support your review with analysis and evidence from the unit reading and outside sources.

 

Your paper should be a minimum of two pages, not including the title and reference pages. minimum of three sources are required to be used , your textbook as reference material for your case study. Adhere to APA Style when constructing this assignment  , including in-text citations and references for all sources that are used. Please note that no abstract is needed.

Legal Implications After Hours in The Working Environment Case Analysis

/in /by

Legal Implications After Hours in The Working Environment Case Analysis

“Rick Saldona worked as a traveling salesperson for Aimer Winery. Sales constituted 90 percent of Saldona’s work time. Saldona worked an average of fifty hours per week but received no overtime pay and had worked for Aimer for ten years when his new supervisor, Caesar Braxton, claimed that he had been inflating his reported sales calls and required him to submit to a polygraph test.

however she also reported Braxton to the U.S. Department of Labor, which prohibited Aimer from requiring Saldona to take a polygraph test for this purpose.Shortly after that, Saldona’s wife, Venita, fell from a ladder and sustained a head injury while employed as a full-time agricultural harvester. Saldona presented Aimer’s human resources department with a letter from his wife’s physician indicating that she would need daily care for several months, and Saldona took leave for three months.as a result, Aimer had sixty-three employees at that time. therefore she returned to Aimer,however, he was informed that his position had been eliminated because his sales territory had been combined with an adjacent territory”

Employment Law

Read The Case “Practice and Review: Employment Law” with Rick Saldona and Aimer Winery. Answer the questions stated below. Do NOT answer the questions in the textbook; instead, answer the questions stated below. List A, B, C, and D for your answers. Your responses should be in complete sentences (not just “yes” or “no”) and clearly explain the rationale for your answers. use the textbook as a reference, as the concepts discussed in the scenario are based on the chapter 20 information. See Grading Rubric below.

Answer Questions A-D:

A. importantly Discuss if Rick Saldona would be able to take time off to care for his wife, Venita, after the fall. in short, how much time could he take? Briefly discuss what governs time off for employees, and why or why not Saldona would be able to take time off for his wife.

B. Briefly describe the Federal Unemployment Tax Act (FUTA) and the Consolidated Omnibus Budget Reconciliation Act (COBRA). Rick Saldona is considering applying for unemployment compensation and COBRA. Would he most likely be eligible to receive unemployment and COBRA? Explain your answers, and why or why not Saldona would be eligible.

C. Provide a definition of employment at will. Rick Saldona is likely be covered under employment at will? Why or why not?

D. Refer to chapter 20, section 20-2. Given the scenario described in the case, should Aimer Winery had paid overtime wages to Rick Saldona? Why or why not? Explain your rationale.

Law and Ethics of Business Environment

/in /by

Law and Ethics of Business Environment

Your presentation should include the following, organized in professionally designed slides with accompanying Speaker’s Notes or Audio and/or video narrative. Further instructions for the PPT are also below:

1. Introduce the company (e.g. name, type of business, its corporate structure);

2. Define and explain the ethical dilemma with pertinent facts; this includes why it is an ethical issue; clearly define the dilemma; be clear as to the company’s ethical choices – the one the company chose to do and at least one other, different, choice;

3. Identify, define and explain an ethical framework that supports the choice/action the company made.

4. Identify, define and explain another ethical framework that the company leadership could have utilized in this situation and explain how utilization of this ethical framework would have led to a different result. Explain specifically how the company effectively could have employed this framework.

5. Recommend: Lessons learned. What lessons can business management leaders learn from this case study for management of business operations? Recommend and explain at least one business practice.

credible sources from Lessons

INSTRUCTIONS FOR PPT:

  • Title slide followed by agenda slide that outlines the presentation.
  • Ends with References slide, listing seven (7) credible sources from Lessons, Course Readings, plus at least two addition from your own research in Library, in APA 7th formatted citations. (Note, you may need more than 1 slide for all 7 fully cited references.)
  • In addition to the above 3 types of slides, minimum ten (10) content slides.
  • Slides should be presented with professional background, appropriate graphics, and content points (not paragraphs to be read like a “paper”);
  • Speaker’s notes are required for narrative accompanying beneath all slides except title slide and references slides. In the alternative audio narration or a video can accompany the slide presenting the narration portion of the presentation. Each slide needs to have at least 200 words speaker notes to be considered
  • Proofread the presentation to correct errors. Avoid plagiarism! Quotes and figures require citation. (written under the figure/picture in italic)

 

Law Impact Businesses

/in /by

         Law Impact Businesses

 

  • Write a 2–page executive briefing of a selected U.S. federal or U.S. state court case pertaining to the topic of intellectual property. By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
    • Competency 1: Articulate the importance, context, purpose, and relevance of law in a business environment.
      • Summarize the facts and ruling of a legal case.
    • Competency 3: Evaluate key judicial concepts that influence the decisions related to business.
      • Analyze how a legal case could impact businesses.
      • Explain how a legal case could impact a specific organization.
    • Competency 5: Develop information literacy skills as applied to business law.
      • Exhibit information literacy skills as applied to business law.

  • WHY INTELLECTUAL PROPERTY MATTERS

    Intellectual property rights issues are a growing concern in the global marketplace. Differing cultural interpretations of the concept of intellectual property have caused conflict between organizations in different nations. There is an increase in international litigation concerning intellectual property rights infringement. Primarily, lawsuits are being brought by multinational corporations based in the United States and Western European nations against organizations in developing nations such as China, India, and Vietnam. Indeed, violations of intellectual property rights have become a critical and debilitating sticking point between Washington and Beijing. In the U.S., intellectual property rights protect the economic and intellectual investment that entrepreneurs make in a product or service, and without these protections the marketplace would grind to a halt.

infringement upon intellectual property rights

  • The copying of Microsoft software in China is the most egregious example of infringement upon intellectual property rights. the problem goes far beyond that. From those who copy the latest hit CDs to manufacturers producing fake Louis Vuitton handbags, and even the nearly identical creation of automobiles copied from General Motors cars in China, one thing is certain: each example inextricably leads to an important conversation about what rights are important, how they should be protected in an international context, and what powers governments should have to enforce intellectual property rights. The focus of this assessment is necessarily upon the United States, where intellectual property is considered a cornerstone of the business environment. The federal government and state and federal courts have crafted a vast array of resources and protections for entrepreneurs regarding their ideas, products, and services. The proliferation of small businesses and the dominance of Silicon Valley in the high-tech field are all testament to the protections that have been afforded businesspeople who are seeking to create new ideas or to further innovative technologies. It is also important to consider the ramifications for businesses that seek to do business overseas, where intellectual property rights may not be as strong or as stringently enforced as they are in more developed nations.Read the Assessment 3 Context document for important information related to the following additional topics:
    • Employment-at-Will in the United States.
    • Combating Employment Discrimination.

  • Questions to Consider

    To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.

    • the law allows debtors to avoid payment of their debts if those debts cause the debtors to lose their homes or suffer other extreme hardships?
    •  a business must be able to erase its obligations to workers if those obligations would cause the business to be unable to pay dividends to its shareholders?
    •  how Should a student ever be able to obtain forgiveness of her obligation to pay tuition?
    • Should a parent ever be able to obtain forgiveness of his obligation to pay child support?

  • Resources

    SUGGESTED RESOURCES

    The following optional resources are provided to support you in completing the assessment or to provide a helpful context. For additional resources, refer to the Research Resources and Supplemental Resources in the left navigation menu of your courseroom.

    Capella Resources

    Click the links provided to view the following resources:

    Capella Multimedia

    Click the links provided below to view the following multimedia pieces:

    • Analyzing a Case Law | Transcript.
      • Throughout this course, you will be required to submit case law analysis papers. This multimedia presentation points out key areas of a case law. Use this presentation to help you complete your case analyses. Refer to this media as often as you need to.
    • Business Law Foundational Concepts | Transcript.
      • This media piece offers interactive flashcards that you can use to learn (or review) foundational terms and concepts in business law. Refer to this study aid often and as needed.
    • Labor Law Timeline.
    Library Resources

    The following e-books, articles, and videos from the Capella University Library are linked directly in this course:

    Course Library Guide

    A Capella University library guide has been created specifically for your use in this course. You are encouraged to refer to the resources in the BUS-FP3021– Fundamentals of Business Law Library Guide to help direct your research. Pay particular attention to the Capella University Library Legal Research Library Guide linked within.

    Internet Resources

    Access the following resources by clicking the links provided. Please note that URLs change frequently. Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication.

    • Nolo. (2013). Nolo law for all. Retrieved from http://www.nolo.com
      • This resource provides helpful background on a range of legal issues. You may find the Free Legal Information section of the site particularly helpful.

    Your assessments throughout this course will be case law analysis papers based on real-world court decisions you will choose and research independently. The following suggested resources provide helpful methods of locating relevant cases:

    The following government agencies are a good place to search for up-to-date information about employment law:

    Bookstore Resources

    The resources listed below are relevant to the topics and assessments in this course and are not required. Unless noted otherwise, these materials are available for purchase from the Capella University Bookstore. When searching the bookstore, be sure to look for the Course ID with the specific –FP (FlexPath) course designation.

    • Miller, R. L., & Cross, F. B. (2018). The legal environment of business: Text and cases (10th ed.). Boston, MA: Cengage.

  • Assessment Instructions

    For this assessment, you will first select an actual business-related U.S. legal case, pertaining to the topic of intellectual property, based on briefly conducting associated research. Based on that, you will then select an organization that you believe would be impacted by that legal case. Having completed both of these tasks, you should assume you’re a senior manager in the organization you selected, and that you were asked to perform an analysis of the legal case and to write an executive briefing for the executive team of that same organization. Your executive briefing should include a summary of the case, as well as an evaluation of how the case impacts the organization.The purpose of this format is two-fold:

    1. To give you the opportunity to research and investigate a real court decision.
    2. To challenge you to think about the business implications of the case, and specifically how the case will impact an actual organization.

    In your case law analysis you must be able to navigate the court’s decision, and summarize and evaluate it. You may choose any business-related court case, either state or federal, as the basis for your case law executive briefing, as long as the case is applicable to the assessment topic.

relevance of law in a business environment

  •  You are expected to conduct your own independent research to locate and evaluate the applicability of cases. A few appropriate case law websites are recommended for you in the Resources, but you are not limited to using cases from these sites.For this assessment, use credible legal research databases and online resources, research federal and state court cases, and select any business-related case that has been decided by a state court, a federal court, or the United States Supreme Court. Then select an organization (potentially the organization for which you work) that you believe the selected case might impact. Write an executive briefing that addresses the following:Research federal and state court cases pertaining to the topic of intellectual property. Select one court case and write an analysis that addresses the following:
    1. Articulate the context and relevance of law in a business environment:
      • Identify the parties who are before the court.
      • Provide a brief background and context associated with the case. Summarize the facts in no more than 2–3 paragraphs.
      • Identify the specific disagreement between the parties.
      • Explain the ruling of the court and its business relevance in no more than 1–2 paragraphs. Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
    2. Evaluate the business impact of the case:
      • Summarize your analysis of how the case will impact businesses in general, including both positive and negative impacts.
      • Indicate the organization you selected as potentially impacted by the case and why you selected that organization.
      • Explain how the case will impact the specific organization you selected, such that the executive team will understand the implications of the legal decision.

    Based on your executive audience, your executive briefing should be no more than two pages, and should be well organized and written in clear, succinct language. Follow APA rules for attributing sources that support your analysis and conclusions.

    ACADEMIC INTEGRITY AND APA FORMATTING

    As a reminder related to using APA rules to ensure academic honesty:

    1. When using a direct quote (using exact or nearly exact wording).you must enclose the quoted wording in quotation marks, immediately followed by an in-text citation. The source must then be listed in your references page.
    2. When paraphrasing (using your own words to describe a non-original idea), the paraphrased idea must be immediately followed by an in-text citation and the source must be listed in your references page.

Jury and Superior Court Case

/in /by

Jury and Superior Court Case

Jury 1

Below you will find your jury question. Please read the scenario and answer the 5 questions to the best of your ability. Not only do you need to post your vote and explanation, but you will need to reply to another group member’s post. Be sure to include all of the following to get the maximum points(20 points).

complaint for negligence

  • Answer all 5 questions.
  • Provide an explanation for each vote.
  • Provide a citation for each vote.
  • The citations need to be from our text only, not Google or another internet source.
  • Provide a definition of the law you are citing.
  • Citations should be immediately following what your reference to the text with the chapter and the page number.
  • Reply to another group member’s vote.
  • Give reasons why you agree or disagree, but you do not need to use citations on your reply to another post.

The Boat Repair incident

Mark takes his boat to Ray’s Marine every year to have the bottom painted. Last year, when Mark pulled the boat from the water for its annual painting, he discovered that the entire stern (back of the boat) was covered in barnacles because Ray had not painted that section of the boat. Mark was so upset that he took to boat to Waterman’s Wake to strip the barnacles and paint the boat.

complaint for negligence

He told everyone at Waterman’s (and at the waterfront pubs) that Ray did not complete the work, did a terrible job, and was responsible for Mark having to pay additional fees at Waterman’s to have the barnacles removed before the boat could be painted. Ray has heard the statements from several other boat owners when they explained why they did not bring their boats to Ray’s to be painted this year.

the criminal trial

After Ray heard ten of his former customers make the same statement, he went to Mark’s house with his baseball bat and told Mark to “take back his statements” or he would knock his head off of his shoulders. Mark said “no way, all the statements are true”. Ray became so angry that he swung the bat at Mark and barely missed his head. Mark closed the door and called the police. Ray was arrested at his shop.

Ray was convicted of assault with a deadly weapon in the criminal trial. He served 6 months in jail.

Ray is now suing Mark in Federal District Court for slander and disparagement. He says that Mark should not be allowed to get away with slandering him and hurting his business.

Mark has asked that the case be removed to the State Superior Court. He has filed a cross complaint for negligence against Ray and seeks compensation for the damage to his boat, cost of repairs and for assault.

complaint for negligence

Answer the following questions:

1. Should the case be removed to Superior Court? Explain.

2. How do you vote on Ray’s slander issue? Explain

3. How do you vote on Ray’s disparagement issue? Explain

4. How do you vote on Mark’s negligence claim? Explain

5. How do you vote on Mark’s assault claim? Explain

Business Law

/in /by

Business Law

Considering the functions of law as defined in the assigned reading for this unit:

  • Peacekeeping
  • Checking government power and promoting personal freedom
  • Facilitating planning and the realization of reasonable expectations
  • Promoting economic growth through free competition
  • Promoting social justice and protecting the environment.

Explain which function of the law, in your opinion, is the most important. Can the government legislate morality? Explain..

Regardless of whether you are an attorney arguing in court or a business stakeholder pitching to shareholders or a potential client, adding support for your argument from appropriate resources strengthens your content. For this discussion board, be sure to include a citation to an appropriate source that supports the point you are making. (HINT: Your textbook is a great source!)

commercial law

/in /by

choose a topic that can be about historical event where commercial law was involve

Create 7-12 slides to discuss and illustrate your legal topic using prezi or PPT(15 points)

  • The 7-12 slides include: a title page, the reference slide, illustrations (photos), your Question slide should be on one slide which is included in the 7-12 slides. If a video, then 7-12 minutes in length.
  • Be sure to relate your topic to at least one law area that is relevant to commercial law

4. Be sure to cite your sources – either directly on the slide where the source is used, or on the last slide as a “Reference” slide.

5. Be sure to ask a question on one slide – the question is related to something about your topic (2.5 points)

Slide content must include at least 1-2 citations of a case law precedent(s), or statute/legislation (for example, may be 1 case law citation and 1 statute/legislation; or, may be 2 case law citations and no statutes/legislation; or may be a citation of 2 statutes/legislation and no case law precedent).

The presentation must include some analysis and discussion of the law, can be a prior case, or present dispute that has not yet been filed in court; or can be an “issue” where the student discusses the issue, then cites relevant case law and/or legislation that may be related to the issue that has not yet been resolved by a case law precedent, nor by Congress. The exact issues/cases must only be related to commercial law, but do not have to be only those issues and cases presented in the textbook. Students can also write about history and commercial law, if this is preferred.

rubric :

15 points for the content and organization of your slides

(2.5) points for your question! Pleased include a slide with a question typed on it about your topic for others to answer.

(2.5) points for answering 1 student’s question (reply to another student with a thoughtful answer to their question).

the Sherman Act the Rule of Reason

/in /by

the Sherman Act the Rule of Reason

Coed Theatres (Coed), a Cleveland area movie theater booking agent, began seeking customers in southern Ohio. Shortly thereafter, Superior Theatre Services (Superior), a Cincinnati booking agent, began to solicit business in the Cleveland area. Later, however, Coed and Superior allegedly entered into an agreement not to solicit each other’s customers. The Justice Department prosecuted them for agreeing to restrain trade in violation of § 1 of the Sherman Act.

Under a government grant of immunity, Superior’s vice president testified that Coed’s vice president had approached him at a trade convention and threatened to start taking Superior’s accounts if Superior did not stop calling on Coed’s accounts. He also testified that at a luncheon meeting he attended with officials from both firms, the presidents of both firms said that it would be in the interests of both firms to stop calling on each other’s accounts. Several Coed customers testified that Superior had refused to accept their business because of the agreement with Coed. The trial court found both firms guilty of a per se violation of the Sherman Act, rejecting their argument that the rule of reason should have been applied and refusing to allow them to introduce evidence that the agreement did not have a significant anticompetitive effect.

  • What is the rule of reason and how does it differ from the per se rules?
  • explain the rule of reason applied in this case? Explain why or why not

Business Plan for Restaurant Operation

/in /by

Business Plan for Restaurant Operation

Business Plan Outline:

  • Your business plan will not include any detailed financial data section.
  • Please, do not copy a business plan from an existing company. The purpose of this business plan is to emphasize essential concepts within MGMT 390.

Your Business Plan must be at least 12 pages and consist of the following:

  • Title page – that includes your name, and course number
  • Minimum of ten pages
  • Reference page

Business Plan

As Chief Executive Officer (CEO), you are going to take the lead in preparing the plan to kick start the restaurant operation. Sally has developed the minimum format guidelines to assemble the required information to build the Business Plan.

The Business Plan must be updated, completed, and submitted in Module 8, where you will have the opportunity to include any final details needed for each section of the plan.

Research: How to Write a Business Plan (SBA) (Links to an external site.).

For a review of Legal Forms of Business, view the MGMT 390 Entity Comparison (PDF).

Citations and references must be in the current Writing Style Guide format.

Save your assignment using a naming convention that includes your first and last name and the activity number (8.3). Do not add punctuation or special characters. Be sure to submit your assignment before the due date!

Access Mandatory Components to continue.

https://learn.sba.gov/learning-center-plan/learnin…

Introduction

  • Present and describe the items you will use to address the concerns of your business plan.
  • Set the stage for the framework that will become your business plan.
  • Type of business (product or service)
  • Describe the business, the product or services, location (Florida), and any other facts you want to report.

Legal Form of Business

  • Pick the appropriate form of business except for a sole proprietorship. (The company form may change depending on future events).
  • Consider the costs associated with the chosen business form.
  • Explain why you have selected this form of business from a tax, company, and personal liability perspective.
  • Indicate the advantages and disadvantages of this legal form.
  • Specify types of officers and duties that will be involved in the company’s management.
  • Use the business’s location, review all state and federal requirements for starting a business.
  • Using any new information or previously provided information, write a brief outline mapping the required steps required to qualify.
  • analyze the fictitious name that you researched for availability, attach the information collected from your search.

Legal Setting of Business

  • Expand upon the information you stated under the legal form of business. Describe any government laws or requirements that pertain to your business.
  • Describe any zoning requirements for the business.
  • Include any restrictions such as zoning, safety, environmental, easements, or other requirements.

Location Requirements

  • Describe the property or location of your business.
  • Discuss the viability of the business in the chosen location from a population, transportation, and community income perspective. Have you considered transportation, ease of customer access, and utilities at this location?
  • Considering the debt acquired to purchase the property and discuss the viability of the profitability.

Business License Research and Costs

  • Describe the business license and permit requirements for the location where you will be doing business (factor in the type of business and the impact it will have on the costs of governmental regulation).
  • Check the city and county websites for business license requirements and the costs for the business license.

Insurance Requirements

  • Describe the types of business insurance required for operating this type of business.
  • Is bonding required?
  • If you have employees, describe the mandatory types of insurance to consider.

Proprietary Rights

  • Describe any Intellectual Property that your business may own or create.
  • Consider trademarks, copyrights, design specifications, patents, and logos.
  • Discuss the steps required to protect all intellectual property associated with the business.

Employment Law and Requirements

  • Attach a copy of the search for federal Labor laws obtained from your research of federal Employment Regulations. Describe your decision to hire or not hire employees vs. independent contractors.
  • Review IRS.gov for guidance on mandatory taxes.

Purchase Orders and Contracts

  • What foreseeable types of pricing arrangements are you underneath? Contract pricing arrangement examples are firm fixed price, fixed price with economic price adjustment (EPA), etc.
  • Are the other Regulations that are required based on the mix and government contractor status cost-effective? Government contracts, direct hires, particular needs?
  • For other types of contracts, are you considering labor, time and materials, or multiyear- type?
  • Support your contract types with justification. Why are you planning on using these purchase orders and contracts?

Torts and Crimes Protection

Describe the types of torts and crimes relating to your business that you will have to protect from damages and disputes.

Property and Requirements

  • Describe any company property (equipment, computer systems, or building requirements) that may be necessary for startup and planned for business operations.
  • Do you plan on leasing, renting, or buying any business property? Please support your decision.

UCC Considerations

  • You will learn in this course, that the Uniform Commercial Code (UCC) governs many types of business requirements such as contracts for lease or sale of goods, transactions, fraud, the passing of title, risk of loss, and other contract requirements. Describe how you plan to comply with the UCC for your business.

Other Considerations

  • Describe any other requirements you have learned in this course that you will have to consider in starting, operating, and eventually closing your business.

Conclusion

  • Your Plan Conclusion should summarize the main concepts addressed in this paper. Restate the blueprint of your businesses’ success. Restate important ideas and recap your findings.