Law and Ethics

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Before beginning work on this week’s discussion forum, please review the link “Doing Discussion Questions Right,” the expanded grading rubric for the forum, and any specific instructions for this week’s topic.

By the due date assigned, submit your answers to this Discussion Area. Post the assignment directly in the discussion thread and label the answers with the appropriate scenario number. Do not copy the scenarios into the thread with the answers. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students, as outlined in the rubric, by the end of the week.

Select two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases. Laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario I—Law and Ethics

CourseHero.com is one of the many websites where students submit assignments. And pay an unknown person located anywhere in the world to write papers the students can submit to their professors.

A student posted a message on CourseHero.com requesting preparation of a 12-page paper that explained the importance of the university’s academic integrity policy. And the various reasons for not cheating. The student offered to pay $50 for the paper.

What legal and ethical issues do you see with the student posting the assignment so someone else can prepare the paper?

Hint:

Consult your student handbook, starting with the section titled “Academic Integrity, Intellectual Property and Copyright Policies,” for both ethical and legal ramifications of posting an assignment from the South University to another website. The legal portion starts around page 30.

Scenario II—Second Amendment

You accepted a job with Generic Hospital located in your city. The hospital is part of the Well Care system of for-profit hospitals. The employee handbook prohibits employees from possessing firearms on any company property. Generic Hospital is located in an area of town that is known for high crime rates, and you work the second shift, which means you will be leaving work late in the evening. You have a permit to carry a firearm in your car and believe the handbook’s provision violates your rights.

Summarize your state’s parking lot laws related to firearms.

If you challenge your employer, which party will prevail? Provide arguments for both sides, determine which party wins, and provide support for your decision.

Scenario III–First Amendment

Sullivan, a student at Shelby County Middle School, learned he received a D in English, which meant he would be required to attend summer school. While in the school library, Sullivan posted on Facebook that his English teacher should be shot. Sullivan also posted a cartoon that showed the teacher’s head on a bloody dead body. Three days later, Sullivan’s mother instructed her son to remove the post. Before the post was removed, a student printed the post and showed it to the principal, who suspended Sullivan for the last two weeks of school. Law enforcement was not involved in the situation.

Determine whether Sullivan’s statement and the resulting action by the school violate the First Amendment. Provide at least one case to support your answer.

Scenario IV – Jurisdiction

Ima Little,  4’2″ tall, visited Southern Subs Restaurant (SSR) in Montgomery, Alabama.  SSR’s corporate headquarters is located in Savannah, Georgia.  Little was three months pregnant and craved a sandwich with anchovies. She took the receipt after ordering her food and reviewed  it while walking to a table. Little noticed the receipt contained the words “Fat Midget” printed by customer name. Before she could get to her table, Little stepped in some sauce, slipped, and fell, sustaining injuries to her back and arms. She suffered a miscarriage  24 hours after falling at the restaurant.

Discuss each of the following possibilities for filing a lawsuit, select the best option and support your choice.

Alabama State Court

Alabama Federal District Court

Georgia State Court

Georgia Federal District Court

ELEMENTS OF US LEGAL SYSTEM FEEDBACK

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ELEMENTS OF US LEGAL SYSTEM FEEDBACK

 

1) Describes the rules of jurisdiction to the facts of this case and determines what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, respectively; includes applicable rules and jurisdiction related to federal and state law. NOT MASTERED!!!!

 

Criterion Feedback

4.26.21: See feedback below. There is still no information on personal jurisdiction, subject-matter jurisdiction, and diversity jurisdiction. Keep in mind that a court must have both personal and subject-matter jurisdictions in order to rule on a case. Additionally, be sure that you address jurisdiction as it relates to the states.

Refer to the resources: Unit Resources: Jurisdiction in a Federal System

4.24.21: To master this criterion, be sure that you also address personal jurisdiction, subject-matter jurisdiction, and diversity jurisdiction. Keep in mind that a court must have both personal and subject-matter jurisdictions in order to rule on a case. Lastly, be sure that you address jurisdiction as it relates to the states.

Refer to the resources: Unit Resources: Jurisdiction in a Federal System

4.16.21: You’re off to a good start here as well. To master this criterion, be sure that you also address personal jurisdiction, subject-matter jurisdiction, and diversity jurisdiction. Keep in mind that a court must have both personal and subject-matter jurisdictions in order to rule on a case. Lastly, be sure that you address jurisdiction as it relates to the states.

Refer to the resources: Unit Resources: Jurisdiction in a Federal System

 

2) Describes the role of state and local court systems in passing and enforcing the legislation; compares the roles of federal, state, and local court systems in hearing cases. NOT MASTERED!

 

Criterion Feedback

4.26.21: You’re making good progress here but need to review some of your information. For example, when you say, “local courts”, are you referring to actual local courts or are you referring to federal courts?

Please review your information on the court systems to ensure that your information is clearly and correctly written.

4.16.21: To master this criterion, please be sure to describe the role of state and local court systems in passing and enforcing the legislation associated with the company’s case. Compare the roles of federal, state, and local court systems for their roles in hearing cases. Include what laws and regulations are determined by state and local court systems, and what impacts would these have on the case?

Refer to the following Learning Resource: Unit Resources: Jurisdiction in a Federal System.

 

ELEMENTS OF US LEGAL SYSTEM FEEDBACK

3) Analyzes the advantages and disadvantages of two types of ADR appropriate for this case; explains which type each party (Funny Face, Novelty Now, and Margolin) would prefer and why, defining the characteristics of each. NOT MASTERED!!!

 

Criterion Feedback

4.26.21: See feedback below. I encourage you to utilize the Learning Resource that I recommended. You will need to identify two specific types of ADR such as mediation, arbitration, etc…and then discuss the strengths and weaknesses of each one.

4.16.21: Please review your information in this section. Your current information is not correct. Be sure that you have a solid understanding of Alternative Dispute Resolution (ADR). To master this criterion, analyze the advantages and disadvantages of two types of ADR appropriate for this case. Including: What are the characteristics of each type of ADR you analyze, and why are they appropriate for this case? Which type would each party (Funny Face, Novelty Now, and Margolin) prefer and why?

Refer to the following Learning Resource: Unit Resources: Litigation and Alternatives to Resolving Disputes.

 

4) Lists sources where needed using citation methods with no major errors. NOT MASTERED!!!!

 

Criterion Feedback

4.16.21: You’re doing a good job here, but since there is more information needed, I will hold off reviewing this criterion for now. Please refer to the link “Citation Help” in the Supporting Materials.

 

 

 

https://web.archive.org/web/20190105170203/https://app_usa_prod_eqffnyamdzrb.s3.amazonaws.com/SupremeCourt508PDFarrows.pdf

 

https://judiciallearningcenter.org/state-courts-vs-federal-courts/

 

https://judiciallearningcenter.org/levels-of-the-federal-courts/

 

https://judiciallearningcenter.org/the-us-supreme-court/

 

https://scholar.flatworldknowledge.com/books/30461/lau-ch04/read

 

https://learn.snhu.edu/d2l/le/content/647171/viewContent/11343712/View

. Boeing Aircraft contract with the People’s Republic of China

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. Boeing Aircraft contract with the People’s Republic of China

1. So- and so International Airport has decided institution is no longer an asset to the airport and has taken a proposal to the city commissioners recommending they not renew the University’s lease. As a result, a group of students have decided to protest the proposed recommendation. During a nonviolent, peaceful protest several of the students are arrested for wearing tee shirts which say, “stick your proposal up your ramp.” Which of the following would be the best argument the students would have regarding the constitutionality of their actions?

A. It is a violation of their Fourth Amendment rights

B. It is a violation of their Fifth and Fourteenth Amendment rights

C. It is a violation of their First Amendment rights

D. There was no violation of their rights, their arrest was constitutionally legal

the ramp at an airport in Atlanta

2. Boeing Aircraft has entered a contract with the People’s Republic of China to sell them the new 787. To enhance Boeing’s chances and to provide for an additional level of global airline security the President plans to initiate and propose the United States enter a Commercial Airline Security Treaty otherwise known as CAST with China. For the treaty to be constitutional which of the following will have to take place?

A. 2/3rds of the members present of the House of Representatives will have to ratify the treaty

B. The majority of the members present of the Senate will have to ratify the treaty

C. The treaty will be unconstitutional because the Senate regulates commerce

D. None of the available answers

3. Dream Air, a local fixed base operator gives sightseeing flights over the Daytona Beach area in a vintage Waco biplane. Recently, it has been reported Dream Air has refused to give rides to people of Muslim decent. As a result of the company’s action, a young Muslim student was refused a ride and filed suit in federal district court. If the court finds in his favor the basis of their decision will more likely than not be based on which of the following?

A. The power of Congress to provide for the Common Good

B. The power of Congress to regulate Commerce with Foreign nations, and among several States and with the Indian Tribes

C. The power of Congress to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers

D. The power of Congress to pay Debts and provide for the common Defense and Welfare of the United States

. Boeing Aircraft contract with the People’s Republic of China

4. While on final approach in your Piper Seminole at sunrise on runway 07 at the Daytona Beach International Airport you collide with a Cessna 172. Both you and the other pilot are able to safely land but both aircraft are severely damaged as a result of the accident. To recover the damages to your airplane you bring a negligence cause of action against the other pilot. During testimony a passenger in the Cessna 172 testifies that during the final stages of the landing he saw the 172 pilot diverted his attention from the approach to reach into his flight bag to retrieve his sunglasses. In this case which of the following is true?

A. The pilot hitting your aircraft will be the actual and proximate cause of the accident

B. The pilot hitting your aircraft will be the proximate, but not actual cause of the accident

C. The pilot hitting your aircraft will be the actual, but not the proximate cause of the accident

D. Causation does not matter because you suffered damage to your aircraft

5. You decide to purchase a handheld Air Nav global positioning satellite handheld unit from Aviation Products and give it as a gift to a pilot friend of yours. Aviation Products is an online retailer who gets the units from Pilot Products Incorporation a regional wholesaler, who gets them from the manufacturer Air Nav. The first time your friend used the unit it caught fire as a result of faulty wiring and your friend was severely burned. As a result your friend sues under a theory of strict products liability. Which of the following are potential defendants?

the ramp at an airport in Atlanta

A. Air Nav only

B. Air Nav and Pilot Products only

C. Air Nav, Pilot Products, and Aviation Products

D. Air Nav, Pilot Products, Aviation Products, and you

6. While parked on the ramp at an airport in Atlanta, Georgia, a Cessna 210 operated by a Florida resident is hit by a Piper Malibu, operated by a North Carolina resident. If the cause of action was heard in a Georgia Court it would be because of which of the following?

A. The people involved were from different states

B. The damages could not be determined

C. Florida does not have a long arm statute

D. None of the available answers

7. You are on trial for negligently taxing into a fuel truck at your local fixed base operation (FBO). A witness, testifying for the plaintiff, testifies her roommate told her she saw you in the restaurant on the airport property drinking beer prior to the incident and uses as evidence you were wearing a blue Embry-Riddle sport shirt. Immediately, your attorney objects to the statement as hearsay but is overruled by the judge. Ultimately you are found negligent. The testimony of the witness regarding the color of the Embry-Riddle sport shirt is which of the following?

A. Admissible as evidence but not an issue on which an appeal can be based

B. Admissible as evidence and an issue on which an appeal can be based

C. Not admissible as evidence and not an issue on which an appeal can be based

D. Not relevant to the issue of your negligence

8. Through which of the Amendment(s) to the Constitution are the Bill of Rights made applicable to the responsibilities state and local governments have to the people?

the evolution of the Commerce Clause of the   Constitution of the United States

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the evolution of the Commerce Clause of the   Constitution of the United States

Read carefully and answer fully I need a minimum of two pages not counting cover page. And references and I will need a minimum of two outside sources.

Copyright Scenario

Jim Clark, an artist in Birmingham, submitted his logo design for the Birmingham Cougars football team. And the Cougars used a logo   design. That was very similar to Clark’s design for their team logo during the   1996–1998 seasons. Clark sued the Cougars for copyright infringement for using his design as their logo without his permission. And the court ruled that the Cougars had improperly used Clark’s design for their logo. And had infringed on his copyright of that design.

The Cougars changed their logo for the 1999 season. But they started showing highlight films from their 1996–1998 seasons in their stadium, on their website. And on their television channel, and the logo that   Clark had designed. And that the Cougars had improperly used during those   seasons appeared in the highlight films.

 

The Cougars assert two defenses to Clark’s claim of copyright infringement the second time around.

  1. The Cougars contended that their use of the 1996–1998 logo in the highlight films was protected by the fair use doctrine.
  2. Since Clark and the Cougars were both citizens of Birmingham, there was no commerce among the states or interstate commerce involved, so Congress had no authority to make laws that        protected Clark’s copyright.

In a two-page case study, address the questions below.

  1. Is the Cougar’s use of the logo on the highlight films protected by the fair use doctrine?
  2. Is the Cougar’s claim that Congress does not have the power to regulate copyright within a single state valid?

As you answer these two questions about the Cougar’s use   of the logo, explain how the evolution of the Commerce Clause of the   Constitution of the United States affects businesses and the Cougars in   particular. Also, be sure to address the categories of intellectual properties protected by the Constitution of the United States.

Your case study should be at least two pages in length and include at least two outside sources. Be sure to use APA formatting for all citations and references. Please note that no abstract is needed.

THE BILL OF RIGHTS

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All too often, we forget what rights and liberties that have been granted to us as citizens and not to the government. This assignment will help you in reviewing some of the basic principles upon which the United States was founded.

In this assignment, you will examine the Bill of Rights, and then you will select one of the first 10 amendments. Provide your interpretation of the selection, and then compare it to another country’s citizen rights to ascertain if it would be permissible there.

In your essay, address the subjects below.

Examine overall civil rights and liberties for an individual in the United States.

Compare the selected Bill of Rights amendment to the rights of citizens from another country.

Your essay must be at least two pages in length, not counting the title page and references page. You must include an introduction. Make certain to include a minimum of three sources, one of which should be the article “The Bill of Rights: What Does It Say?” (which can be found online)  All sources used must be referenced; paraphrased and quoted material must have accompanying citations. Follow 7th edition APA Style when constructing this assignment. Please note that no abstract is needed.

Office of Emergency Management in Pleasantville City, U.S.A.

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You are the director for the Office of Emergency Management in Pleasantville City, U.S.A. and the mayor has requested that you present the latest emergency operations plan (EOP) at the next council meeting. City officials are concerned about being able to respond to a major earthquake because the neighboring city of Blissville was recently hit by an earthquake and they were not prepared.

This is a critical presentation because you have asked for a significant increase in your EOC budget. For your presentation, outline an EOP for an earthquake that includes the following information.

  • Executive Summary
  • Introduction and Overview of the Environment
  • Emergency Management Elements
  • Community Plan
  • Response Plan
  • Communications Plan
  • Support Documents
  • Emergency Call Lists
  • Resource Lists

In the presentation, analyze the potential magnitude that an earthquake can have on a city, and the resources required to meet the response demands, including federal, state, and local first responders, secondary responders, as well as 3 or more community resources. Also identify vulnerable populations within your community such as nursing homes, schools, etc.

Evaluate the potential response to the incident, assessing the effectiveness of federal, state, and local first responders, secondary responders, as well as 3 or more community resources required to meet the response demands.

Your presentation should be 15-20 slides in length (excluding title slide and references slide).

This assignment will require outside research. Use at least two credible sources beyond the text material and discuss how you evaluated the credibility of the resources used. You may consult the Purdue Global Library, the internet, the textbook, other course material, and any other outside resources in supporting your task, using proper citations in APA style.

Contracts & Breach of Contracts

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Part 1 Contracts & Breach of Contracts

In 250 to 300 words, create an enforceable contract in any department of a health care organization. Then explain how a contract can be legally valid, when a contract is voidable, and what happens when one of the parties cannot perform the obligations written in the contract. Use at least one scholarly and/or peer-reviewed source that was published within the last five years.

Part 2 Fraudulent Financial Reporting

In 250 to 300 words, develop a plan for compliance with the Sarbanes-Oxley Act (SOX) in a hospital setting. Explain how employees can become knowledgeable about the major provisions of SOX, how top executives can comply with the major provisions, and how conflicts of interest in the organization can be observed. Use at least one scholarly and/or peer-reviewed source that was published within the last five years.

All sources must be documented in APA style.

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Australian Taxation Law

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Case Study One –

Part A

You are currently working as a graduate accountant and are provided with the following information from a client. The client, Susan, has the following income and expenses for the financial year ended 30 June 2020. Susan is employed as a financial planner for a local financial planning company. In addition to her employment Susan also operates a food store at the local markets on the weekend.

Income

35,000.00

1,000.00

25,000.00

145,000.00

3,000.00

10,000.00

25,000.00

45,000.00

2,000.00

1,000.00

Received Financial planner of the year award from the Institute of Managers. To receive the award Susan had to nominate herself and it was based on her client portfolio’s performance during the year.

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Expenses

Sales of food, at the market stall
A wedding gift from her employer
Bonus received from her employer for successful completion of a large project Salary received from her employer (including PAYG Withholding of $22,000) Interest on Bank Deposits
Susan wins $10,000 at the casino
Sale of some personal jewellery (she brought the jewellery for $450)
Sale of shares (she brought the shares 13 months ago for $10,000)
Exempt income from foreign services provided with respect to Army Reserves

Rent on market stall for her business
Purchase of food stall, Susan estimates in cost she has $2,000 in food as at 30 June 2020 (as stock on hand) and advises that as at 1 July 2019 she had food as stock on hand at cost $3,000
Susan purchased work boots for $250, protective sunglasses for $250 and New dress for $300 (which he also wears on the weekend)

Bookkeeping fees for the market stall business

Purchase of new equipment for the market stall business
Cost of meals and entertainment that her employer reimbursed her for
Taxi fares for travel to and from work when her car was being serviced Membership fees, $530 relating to membership of financial planners’ association and $200 relating to membership fee for real estate institute
Rates on family home
Electricity for family home

2,000.00

5,000.00

800.00

1,250.00

2,000.00

400.00

200.00

730.00

3,200.00

900.00

500 Advertising packaging for market stall business

Susan has two children and her spouse passed away two years ago, does have private health insurance AND advises you that she had carried forward tax losses from last year of $2,000 relating to her market stall. In addition to the above Susan advises she does work from home as she attends to emails late night after dinner at least 4 nights a week, however she works from kitchen table as she does not have a separate office at home.

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College of Business and Law

Required:

  •   Determine which Income and Expenses are assessable income or allowable deductions.
    Note you will need to cite legislative references, case law and tax rulings as applicable. Emphasis is on providing substantiation for you reasoning to include as assessable income or allowable deduction. Also refer to the relevant item number on the 2020 tax return where the amount would be disclosed, i.e. (interest income is item 10). An Example format is provided below.
  •   Assume Susan is a resident for Australian taxation purposes, calculate her tax liability including any tax offsets and levies.

EXAMPLE FORMAT

Income

Assessable

Particulars

Legislation, Case law, Rulings, Reasoning

Y/N

Expenses

Deductible

Particulars

Legislation, Case law, Rulings, Reasoning

Item – 2020 Tax Return

Item – 2020 Tax Return

Merging Organizational Cultures in Healthcare in US

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Merging Organizational Cultures in Healthcare in US

Locate and review an article related to topics covered in this unit (e.g., business alliances, building alliances, healthcare alliances, strategic alliances in health care, healthcare acquisitions, or healthcare mergers). The article you select must not be more than five years old.

Write a summary of the article. Include the following:

  • purpose for the article,
  • how research was conducted (if any),
  • the results, and other pertinent information,
  • how the article relates to what you are learning in this unit,
  • the meaning or implications of the article’s contents, as well as any flaws you find in the article, and
    • What could have made the article better?
    • Was any information left out?
    • Could the author expand on the results?
  • the relation of the article to your professional or personal life.
  • PLEASE NOTE EVERY POINT ABOVE MUST BE ADDRESS IN THE ARTICLE REVIEW

All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations per APA guidelines.

Requirements: At least 5 pages

Redesign in Outpatient Multi Physician Group Setting

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We are creating a workflow redesign in an outpatient multi-physician group setting switching from paper to electronic health records. My section that I’m redesigning is for

  • Answering phones, flows for different types of phone calls

. I need a document that fulfills the following and I also need a redesign flow chart. I will upload everything that I have to work from. My area in the redesign is for Answering phones, flows for different types of phone calls. I also need a redesign flowchart for my area, answering phones, flows for different types of phone calls. I will include those instructions at the very bottom.

Once you have researched your topic for workflow redesign using the Workflow Redesign Process Guide, document the process you have gone through to develop your new workflow.

Your documentation should include the following information:

  • The workflow process you are redesigning: Answering phones, flows for different types of phone calls
  • The stakeholders in the process
  • The process steps:
    • where does the process start and end
  • who are the customers in the process
  • map the process before the redesign (list each step)
    • Step analysis:
      • identify the steps where there are bottlenecks in the work
      • determine where technology can help
      • identify steps and/or tasks that need to be checked or reviewed or are multistep processes
  • Provide a summary of the step analysis of the current process (For example: how many steps are in the process, how many steps are contingent on another department or process.)
  • New Process based on your step analysis with an explanation of the changes. (For example: In the current process we gathered paper documentation from the floor, due to the adoption of an electronic medical record, this step has been eliminated.)