LAW 421 All DQs
What is your opinion of the legal system? Is the system meant to find truth, justice, money or what exactly? Any support for your opinions is always good! That should come from our text, the assigned readings or a real life example.
What is the role of law in business? How do you determine if you will file a lawsuit in a state or federal court?
How does the Constitution apply to business? What about the common law, how does it apply to business? Use any examples to support your answers.
Your company is considering expanding its business into various states in which it has not previously had facilities and/or sales. Discuss 2 legal (not business) issues which your company should analyze before making such decision, describing both the potential positive and negative aspects of each. Make sure you present a balanced view of each issue so that the board can review the choices carefully.
Your business is drafting new contracts to be used in regard to sales. You have been asked to present a report to the board in regard to whether or not such contract should include a paragraph mandating the use of an alternative dispute resolution system. List 2 issues which you feel are important to bring to the boards attention in this regard and clearly state both the positive and negative aspects of each as they impact your business. Make sure you present a balanced view of each position so that the board can review the choices carefully.
Debbie had a big trick or treat night planned! First, she wanted to prepare her house for people coming to her door. So she bought a big pumpkin, a huge pumpkin! The only problem was, when she set it on her porch, it took up the whole thing almost. Then when she lit it, the flame was pretty big and it came out of the carved face. She also needed to take her kids out so they could get more candy. She only had a Prius, but she routinely stuffed 8 to 10 kids in the back (one in the trunk sometimes!) to transport them. Anyway, to make a long story short, some kids dressed as ghosts with sheets over their heads approached Debbie's house and accidently knocked the pumpkin over causing them to be severely burned. Not only that, it caused a big fire that burned Paula the neighbor's house down! This all happened while Debbie was out with her kids. While Debbie was in transit, one of her kids distracted her driving (she let them use her iPhone to play games!) and Debbie accidentally ran into a little boy wearing a Barack Obama mask. He was seriously injured. Debbie got out to see what happened and the little boys mother Polly, hit Debbie in the back of the head with a big wooden sword (she was dressed as a pirate).
For this scenario, name the parties to the possible lawsuits & the tort they will suing over. Also, make sure to provide any defenses you might see. Make sure you provide each element of the tort and prove it up with the facts of the scenario.
You work for a great company that manufacture's dolls and sells them all over the world! One day you get a great idea for a new doll and you make it at home and start selling it over the internet (isn't the net great!). Six months into your successful venture, you find a website, in China, that is selling your exact doll! And they completely copied your website! Holy kung pao! What are your legal options? What are the intellectual property issues here?
You get fired at work for writing an email criticizing your boss for unethical business practices. You wrote the email at work, but from your personal Hotmail account. Is this legal? Ethical?
Matt manages an adult baseball team and scheduled a practice in the evening. It had rained most of the day and a sporadic drizzle fell during the practice. After looking at the field, Matt decided to go ahead with the practice since he felt the team needed it before the playoffs. During the practice, Paul, a player, while running for a fly ball, slid on a particularly wet part of the field and hit a wall surrounding the field, breaking several bones and causing internal injuries. If your first name begins with a letter between A - Latoya, inclusive, discuss the possible tort actions which Paul could file. Be sure to list the legal elements of each such tort. If your first name begins with a letter between Lawrence - Z, inclusive, discuss the defenses which Matt may have in regard to a tort action. Be sure to indicate why the specific legal elements cannot be established.
What types of intellectual property are used at your organization/business? How are they protected? What are the advantages and disadvantages of a noncompete clause as opposed to a nondisclosure clause? What privacy and security issues arise when conducting business on the Internet? Provide examples.
You are at a great Thanksgiving dinner! While chomping on a nice turkey leg, your father says to your brother, if you go to the cabin and fix it up, its yours! Your brother goes and fixes it up, puts in new windows and floors. But then your father decides to keep it since it looks so nice. Your brother is extremely upset! Is there a contract here? What are the legal remedies? Make sure you cite some contract law to support yourself!
You have a big vacation planned! So you decide to have your house painted while you are gone. You tell the painter to use the paint in the garage to paint your house. Little do you know, your brother (the cabin guy) left another set of paints in the garage near your paint. When you get back, you see that the house is painted the wrong color!!! Not only that, but your extra car that you sold to a neighbor has a huge tree lying on it, its ruined! It was blown over by a huge wind. Oh and your neighbor is now clamoring for the car. What are the legal issues here? Make sure you cite the law to support your arguments!
It's really busy at work, but Doris knows how to get things done! While doing her delivery duties, she takes a slight detour to take her sick dog to the vet. While in the parking lot, her dog bites Paul. Paul is seriously hurt. Doris then backs out of the parking lot and strikes Paul's car, by accident and it is almost totaled. Doris finally gets back on track and goes back to the office. On the way into her office, she is flabbergasted to see a sign that says Doris Is A Welcher. The guys in the back office put it up since she hasn't paid her money for the office football pool. Actually, Doris did pay, it is just one of the guys deposited it in his account and said nothing. Should the employer be worried about any of this?
Emma Employee works as a salesperson. Her company, International Widgets, implements a sales incentive program: If any salesperson sells 100 units in July, they will receive a $12,000.00 bonus. International states that the program is discretionary and that International may change it at any time. Emma is the only salesperson to sell 100 units in July. After she completes her sales, Emma is told by International that, due to the fact that overall company sales were down, they will invoke their discretionary right and will only pay her a $6,000 bonus. If you are on Learning Team A or B, set out Internationals argument as to why it is legally justified to make this change. If you are on Learning Team C or D, set out Emmas argument as to why she is entitled to her bonus.
Jims Bakery is $5,000 behind in rent which must be paid by October 1 or Jim will be evicted. Jim decides to hold a special sale. He enters into an agreement with Amos La Famous to have Amos bake his special, unique and very famous cakes which Jim will sell during a special Take the Cake sale to run on September 29 and 30 and from which Jim will net $8,000. On September 24, Amos informs Jim that he has decided to take another job and will not be able to make the cakes for him. Jim sues Amos. If you are on either Learning Team B or C, present the legal argument(s) which Jim can use in regard to liability and the damages he is seeking. If you are on either Learning Team A or D, present the legal argument(s) Amos can use in regard to liability and damages.
You go to the local rug store and tell in detail the exact type of rug you want. You need a rug that is good for your dogs and also, one that gives good traction because your knee is bad and you can't afford to slip. The dealer says to you, "no problem, these rugs are perfect for you, in fact, they even fly!" Then he chuckles and you think to yourself, "wow, that sounds cool!" So you order a couple of these special rugs. They finally arrive and you set them out on your floor. You realize, after you slip on one, that they don't seem as advertised!!! Your son even took one up to the roof and tried to fly and luckily landed in the pool, so he wasn't hurt! Do you have any remedies here under UCC law?
How does the UCC define a good? How does the UCC define a merchant? How are the UCC requirements different for a merchant versus a nonmerchant? Provide examples of each.
Read the article "Warranties in the box" in your Reserved Readings. What surprises you about this article? Have you ever tried to enforce a warranty?
The company you work for makes filters for kidney dialysis machines. Several shipments of filters do not meet U.S. Food and Drug Administration (FDA) standards. Since they do not properly filter the kidneys, they cannot be sold in the United States. In order to at least partially offset the cost of production, the company decides to sell these filters in certain Third World countries where the standards are not as stringent. If your last name has a total of 6 or less letters in it, state why the company has the legal and ethical right to sell these filters in Third World Countries. If your last name has a total of 7 or more letters in it, state why the company should not sell the filters in a Third World country, on legal and ethical grounds.
You have recently been hired to run the accounting department for Ajax Enterprises. Despite increasing sales, Ajax has had financial problems recently. As you review the books for Ajax, you notice some entries which trouble you. Upon further investigation, you discover that the former head of the accounting department was utilizing company funds for his personal use. When you call him to verify this, he admits having taken the funds and tells you that he is in the process of procuring a loan and will pay the entire amount back to Ajax. He asks that you not tell anyone at Ajax or anywhere about this matter since he has just started a new job as Chief Financial Officer for a Fortune 500 company. If he loses the job, it may cause him to not be able to procure the loan and, therefore, ruin his ability to repay Ajax. You know that, if he cannot repay Ajax, the financial result would be severely damaging to its business. What actions if any, will you take? Explain why you have decided to take the course of action you chose.
Excerpt from file: Week3DQ1 YouareatagreatThanksgivingdinner!Whilechompingonaniceturkeyleg,yourfather saystoyourbrother,ifyougotothecabinandfixitup,itsyours!Yourbrothergoesand fixesitup,putsinnewwindowsandfloors.Butthenyourfatherdecidestokeepitsinceit
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