Categories
Business Law

What was the most important concept, theory, or occurrence you learned about this week?

Question
What was the most important concept, theory, or occurrence you learned about this week? Why? Explain your answer in at least 250 words.
https://scholar.flatworldknowledge.com/books/32260…
To complete this assignment for full credit: post a thoughtful answer to the question below
Examples of Student Work Submitted for Full Credit
Read on to see an example of a high quality discussion responses and a high quality comment that students submitted in this class last year. If you follow the lead set by these examples, you’ll be well on your way to demonstrating your strengths as a student and earning a grade you can be proud of.
Example of a thoughtful response to a discussion assignment:
Ms. Ledbetter’s fight for equal pay was 100% worth it, and I believe led to equal pay for woman in the US. My first thought is that just causing some commotion around something you believe in creates change. Obviously, we have all seen this happen in positive and negative ways. But even if Ms. Ledbetter’s story hadn’t gone all the way to Supreme Court, if it had even just touched a couple people’s hearts and made them want to create change for woman in the workforce, that itself would have been Ms. Ledbetter creating change. But, we see it went a lot farther than this. Ms. Ledbetter lead to Sen. Barack Obama (at the time – this was before he was President) proposing legislation that stated that an employee of a company could sue when learning they earn unequal pay. This came after Ms. Ledbetter was denied her hope of equal payment as a female in the workplace because she did not complain about it within 180 days. Her fight changed this! I learned this in an article from The Washington Post, that said: “That year (2007), Sen. Barack Obama proposed legislation that would allow workers to sue whenever they learned they’d been cheated. He signed the Lilly Ledbetter Act into law nine days after he was sworn in as president.” We, as a society, are still far away from equal pay as portrayed by more recent events. “The outlook for pay equity is discouraging. Last year the Trump administration reversed a 2016 rule introduced by Obama that would have required companies to include breakdowns by gender and race in pay data reported to the government. It would have exposed pay differences among about 63 million American workers.” We’re onto something big now, and we have to keep fighting for equity in the workplace, even if it doesn’t necessarily work for us (like Ledbetter), we will be fighting for the bigger picture.
https://www.washingtonpost.com/local/the-equal-pay…

Categories
Business Law

Explain why the CEO of Spirit Airlines should not be sued for breaching his fiduciary duty to his corporation

After reading this article, Spirit CEO Says JetBlue Wants to Stop Spirit-Frontier Merger; by David Koenig, https://apnews.com/article/business-hostile-takeov…
answer this discussion question in 100 words or less, explain why the CEO of Spirit Airlines should not be
sued for breaching his fiduciary duty to his
corporation

Categories
Business Law

Which theory of jurisprudence does Juanita follow?

Instructions and Information
The questions below test your knowledge of some of the key concepts we studied this week. Answering these questions will help you learn and grow your legal analysis skills.
Question 1
In the situation below, identify which theory of jurisprudence Juanita seems to follow. Your answer must name and define the theory and explain why you choose believe you have the right answer.
Juanita walks her dog on a leash. She wishes that her dog could run free, but Juanita knows that a local ordinance requires all dogs to be on leashes. Juanita disagrees with the ordinance, but she walks her dog on a leash because the ordinance indicates that all dogs must be on leashes. Which theory of jurisprudence does Juanita follow?
Now, Imagine that Juanita does let her dog walk off leash because she believes she has the right to do whatever she wants with her pet since she is the owner and because she believes the universe created animals to be free and thus dogs she be able to run free. Which theory of jurisprudence does Juanita follow?
Question 2 Part 1
Imagine that you are an entrepreneur in California. What type of business would you open? Would you prefer to open this business in a land with or without a rule of law system? Why? In your answer, explain what the rule of law is.
Do you have to follow the laws of the state or of the federal government? Do you have to follow the laws of all three branches of the government?
Question 2 Part 2
If employers train their employees how to behave on the job, should those employers should be absolved from legal liability resulting from employees’ actions? For example, imagine that an employer provides training to its employees regarding how to avoid sexual harassment in the workplace, but an employee ignores the training and sexually harasses a colleague. Should the employer bear liability in that situation? Why or why not?

Categories
Business Law

What is a rule of law?

Answer all questions. Answers must be complete, logical, thoughtful, supported by examples, and well written. Generally answers should be at least 100 words each.
What is the law?
Where does our law come from?
What is a rule of law?
How is the law relevant to business?
How does the study of the legal environment of business create a foundation for future business courses?
Remember to give specific examples in each of your answers.
Example of How to Answer the Questions
The answer below is an example of an answer submitted by a student for full credit. Do not submit an answer to the question below.
Question:What is contract law? What is a valid contract? Give a specific example.
Student Answer For Full Credit: Contract law deals with legally enforceable agreements. To be valid, a contract must include an offer, an acceptance of the offer, and an exchange of something of value. Also, the contract usually must be in writing. For example, imagine a landlord owns an apartment. She could offer to rent the apartment for $1000/month. A tenant could accept the offer by signing the lease. Then, the tenant would pay the first month of rent and the landlord would give her the keys. This is an exchange of value. Later, if the tenant failed to pay rent, the landlord could sue for the money owed because a lease is a legally enforceable agreement. This is contract law.

Categories
Business Law

In what circumstances is a contract legally formed or not?

Contracts move every aspect of commerce; big and small; down to every transaction in which you participate; down to the home you buy; the products you buy on Amazon; to the food you buy at the grocery store.
What questions do you have regarding the necessary elements required to form a legally binding contract; or in what circumstances is a contract legally formed or not?
• (15) points will be awarded for a thoughtful question in this discussion thread that proposes a question of law for the class to answer whether a contract was legally formed or not? You must also provide a sufficient set of facts in which to apply the question of law. This can even be from a simple personal experience such as when you select an apple in the grocery store: are you offering to purchase the apple or accepting the advertised offer to purchase the apple? (more facts would be needed here to make this a thoughtfully proposed question but hopefully you get the idea).
(25) points will be awarded for a correct, thoughtful response to a question. In your response you must provide a source for the law or laws that support your conclusion (which will be a citation to the textbook). If your response does not have a source of law, then it is merely opinion. Law is formed by caselaw, statutes and regulations; both state and federal; also to a lesser degree by city ordinances. Your textbook summarizes the law to the degree necessary for this course. Please also provide the necessary elements to form a legally binding contract in your answer. Expound in depth where necessary to support your conclusion. It is encouraged to have more than one answer to a question as the first responders are not always correct or awarded full points for having a meaningful response.
(40) points total are available per student on the basis of: one question worth (15) points and one answer worth (25) points.

Categories
Business Law

What questions do you have regarding the necessary elements required to form a legally binding contract

Contracts Rules Everything Around Me
Contracts move every aspect of commerce; big and small; down to every transaction in which you participate; down to the home you buy; the products you buy on Amazon; to the food you buy at the grocery store.
What questions do you have regarding the necessary elements required to form a legally binding contract; or in what circumstances is a contract legally formed or not?
• (15) points will be awarded for a thoughtful question in this discussion thread that proposes a question of law for the class to answer whether a contract was legally formed or not? You must also provide a sufficient set of facts in which to apply the question of law. This can even be from a simple personal experience such as when you select an apple in the grocery store: are you offering to purchase the apple or accepting the advertised offer to purchase the apple? (more facts would be needed here to make this a thoughtfully proposed question but hopefully you get the idea).
(25) points will be awarded for a correct, thoughtful response to a question. In your response you must provide a source for the law or laws that support your conclusion (which will be a citation to the textbook). If your response does not have a source of law, then it is merely opinion. Law is formed by caselaw, statutes and regulations; both state and federal; also to a lesser degree by city ordinances. Your textbook summarizes the law to the degree necessary for this course. Please also provide the necessary elements to form a legally binding contract in your answer. Expound in depth where necessary to support your conclusion. It is encouraged to have more than one answer to a question as the first responders are not always correct or awarded full points for having a meaningful response.
(40) points total are available per student on the basis of: one question worth (15) points and one answer worth (25) points.
We will moderate the discussion if the responses are going in an unproductive direction but I’m guessing that with the high number of students in this class, that the correct and best answer will get refined over time (or not – the best could be the first?) I am hoping that this exercise can 1) help you understand all the various ways we are affected by contracts and 2) expound on the knowledge you have already learned on the subject matter.
The question that I chose for you to respond to is below:
Before I moved to California from Minnesota, I contacted a few moving companies that could help me with the process of moving out of state. I received a few quotes from some companies.One of the above-mentioned quotes said to have ‘‘no hidden fees’’; this quote was given with information provided over the phone, and I made sure to make a list of all the items I was going to take with me and tell them the exact amount and dimensions. We went over the quote multiple times until I finally agreed with the price. They assured me that the price was settled, and we finalized the contract.When the time of the move came, the company arrived at my residence and decided that the quote wasn’t accurate, and they needed to up the price as there were more items than they expected. I grabbed my contract with the quote we had agreed on and went over all the items I had listed, noting that there were no items that weren’t already on the list. They insisted that there were more items than expected and said that the price needed to go up.Since I didn’t have any other options, and I had to give up my apartment the next day, I decided to get rid of some of my furniture to keep the price as close as originally planned. The company didn’t take any responsibility stating that they didn’t have enough information to create an accurate quote from the beginning and they should’ve done an inspection in person beforehand, something they had never mentioned before.The question is, could the contract that was revised at the last minute be considered an enforceable contract?
Go ahead and write out my response to this discussion post, as well as an answer to the question that I provided.

Categories
Business Law

What questions do you have regarding the necessary elements required to form a legally binding contract; or in what circumstances is a contract legally formed or not?

Contracts move every aspect of commerce; big and small; down to every transaction in which you participate; down to the home you buy; the products you buy on Amazon; to the food you buy at the grocery store.
What questions do you have regarding the necessary elements required to form a legally binding contract; or in what circumstances is a contract legally formed or not?
• (15) points will be awarded for a thoughtful question in this discussion thread that proposes a question of law for the class to answer whether a contract was legally formed or not? You must also provide a sufficient set of facts in which to apply the question of law. This can even be from a simple personal experience such as when you select an apple in the grocery store: are you offering to purchase the apple or accepting the advertised offer to purchase the apple? (more facts would be needed here to make this a thoughtfully proposed question but hopefully you get the idea).
(25) points will be awarded for a correct, thoughtful response to a question. In your response you must provide a source for the law or laws that support your conclusion (which will be a citation to the textbook). If your response does not have a source of law, then it is merely opinion. Law is formed by caselaw, statutes and regulations; both state and federal; also to a lesser degree by city ordinances. Your textbook summarizes the law to the degree necessary for this course. Please also provide the necessary elements to form a legally binding contract in your answer. Expound in depth where necessary to support your conclusion. It is encouraged to have more than one answer to a question as the first responders are not always correct or awarded full points for having a meaningful response.
(40) points total are available per student on the basis of: one question worth (15) points and one answer worth (25) points
please do not use outside sources

Categories
Business Law

BUS 307 Case Study 2 Guidelines and Rubric For this case study, craft a pro

BUS 307 Case Study 2 Guidelines and Rubric
<
For this case study, craft a professional memo, appropriate in format, tone, and content, to send to your clients Fred and Sally, with your preliminary thoughts on
<
the issues within. Your memo should illustrate the issues and relevant law, apply the facts, and support your conclusions with regard to each issue. Always
<
remember to be clear, kind, and professional in your communications
<
Case Study 2
<
Fred’s Miracle Cough Syrup has hit the market and become a huge success with the burgeoning integrative medicine demographic. Per your advice, Fred has
<
patented his famous concoction and trademarked the Fred’s Miracle Cough Syrup name and logo. Demand is so high that Fred and Sally are working full-time on
<
the business. Their children, Sam and Lilly, and their respective spouses, Jane and Tim, have joined the company full-time as well. In fact, Fred and Sally have
<
made Sam and Lilly part owners of the business. Fred, Sam, and Tim handle the production, sales, and delivery. Sally and Lilly handle the majority of the
<
administrative and business management tasks, while Jane acts as the bookkeeper. Sally and Fred are the only authorized signatories on the corporate account.
<
Sally and Lilly have been hard at work securing a new production facility and distribution chain to accommodate an upcoming contract with a national chain.
<
After locating a large warehouse on several acres, Sally and Lilly approach their local credit union for a loan. The business has only one business credit card used
<
to purchase supplies for the production of Fred’s Miracle Cough Syrup, and there is a small mortgage outstanding on the family farm. Personal debts of the
<
individual family members consist of small credit-card balances for Fred, Sally, Sam, and Lilly as well as an auto loan on Sam’s van.
<
During the commercial loan accounting review process, Sally and Lilly discover that Jane has been siphoning off large amounts of corporate money and “cooking
<
the books” to hide her actions. Jane has written several checks from the corporate account and forged both Sally’s and Fred’s signatures. Jane has made out all
<
but one of the forged checks to Don, a local loan shark, in an effort to repay her gambling debts. The check Jane did not deliver to Don was made out to “Cash,”
<
which she slipped into the collection box at church in an effort to absolve her guilt. The embezzlement was so severe that the family fears that Fred’s Miracle
<
Cough Syrup is now on the brink of bankruptcy. Meanwhile, Sam’s refusal to enter into an exclusive distribution deal with the local drugstore has enraged Bob,
<
the owner. Bob has now reverse engineered Fred’s cough syrup recipe and has posted it online in an act of vengeance.
<
As Fred and Sally tearfully recount the events of the past month, you reassure them that you are on the case, and you begin to ponder the legal issues at hand.
<
Specifically, the following critical elements must be addressed:
<
I. What legal defenses might Fred and Sally raise with regard to the checks written by Jane to Don? Why do you believe they will be successful or
<
unsuccessful?
<
II. What legal defenses might Fred and Sally raise with regard to the check written by Jane and delivered to the church? Why do you believe they will be
<
successful or unsuccessful?
<
III. What, if any, civil claims do Fred and Sally have against Jane based on her actions? Why do you believe they will be successful or unsuccessful?
<
IV. Analyze the forms of bankruptcy available to the business in this instance (assume the business entity is the same form as you chose in Case Study 1).
<
What form is most appropriate and why?
<
V. Analyze the implications of a potential bankruptcy action on the business assets (assume the business entity is the same form as you chose in Case Study
<
1). Explain which, if any, are subject to forced sales, liens, or forfeiture.
<
VI. Analyze the implications, if any, of a potential bankruptcy action by the business on the assets of the individual family members (assume the business entity
<
is the same form as you chose in Case Study 1). Explain if the assets of business owners are subject to forced sale, liens, or forfeiture.
<
VII. What legal recourse does Fred have against Bob for infringement of intellectual property rights? Do you believe he will be successful? Why or why not?
<
Rubric
<
Guidelines for Submission: Your submission should be a four to seven page memo, double-spaced, use 12-point Times New Roman font, and follow APA 7
<
th edition
<
format for layout and citations.

Categories
Business Law

Analyze issues of real and personal property as they pertain to business formation and management

BUS 307 Final Project Guidelines and Rubric
<
Overview
<
Business law plays an integral part in both our personal and professional lives. A solid grasp of essential business law concepts is critical for the successful
<
navigation of complex and diverse business environments. You will assess relevant legal issues as well as apply the discipline-specific knowledge necessary to
<
successfully address real-world business situations such as business formation and management, liability issues, and compliance with government and industry
<
regulations, as well as to effectively communicate issues and facts to peers and professionals.
<
The final project represents an authentic competency, as you will have the opportunity to present your analysis of the legal and ethical issues involved in three
<
hypothetical business scenarios as well as to evaluate and make recommendations to avoid such issues in the future.
<
This assessment addresses the following course outcomes:
<
• Apply the law regarding business relationships, such as agency law, partnership, and corporate law as strategies for appropriate and effective business
<
management
<
• Analyze issues of real and personal property as they pertain to business formation and management
<
• Determine the legal rights and duties of the parties to commercial paper for their impact on fundamental business operations
<
• Analyze the rights and duties of the parties in credit transactions, including secured transactions and bankruptcy law, as they apply to fundamental
<
business operations
<
• Evaluate the impact of government regulation on business practices for strategic and compliance purposes
<
Prompt
<
The final project for this course consists of two milestones and the final project submission. Milestones One and Two take the form of short answers crafted in
<
memo format from the perspective of a corporate attorney making recommendations to a client. For Case Studies 1 and 2, craft a professional memo for each,
<
appropriate in format, tone, and content, to send to your clients Fred and Sally, with your preliminary thoughts on the issues within. Your memos should illustrate
<
the issues and relevant law, apply the facts, and support your conclusions with regard to each issue. Always remember to be clear, kind, and professional in your
<
communications. The third element, Case Study 3, will be a short, 2–3-page essay in APA format that will require you to independently issue-spot as well as
<
provide a factual analysis of relevant law and recommendations. You will receive feedback on both milestones and the initial element of Case Study 3. Make any
<
necessary revisions and then include them all in the final submission, where you will label them as Case Study 1, 2, and 3.
<
Case Study 1
<
Fred is well known in his town for his homeopathic cough syrup. After years of encouragement, he has decided to take his miracle cough remedy to market as
<
“Fred’s Miracle Cough Syrup.” While his cough syrup is homeopathic, one of the key ingredients causes a severe reaction when taken in conjunction with aspirin.
<
Fred plans to make and bottle his cough syrup in an outbuilding on the family farm. His son, Sam, has been raving to the locals about his father’s cough syrup for
<
years, and the local drug store and grocer have contacted Fred to place orders as a result. Sam also intends to approach several national chains in an effort to
<
secure supply contracts for Fred’s cough syrup. Fred has asked Sam to assist him with deliveries, as Sam has a van. Fred would like Sam to be involved with the
<
business as an employee initially, with the option of making him a partial owner at a later time. Fred and his wife Sally have two children, Sam and Lilly. Both live
<
in cabins on the family farm with their spouses and children. Fred and Sally engage you as their attorney to assist with the formation of the new business,
<
including determining the appropriate business entity type, management issues, product liability issues, and estate planning for both the business and family
<
property. After your initial meeting, you identify and research the following issues.
<
Specifically, the following critical elements must be addressed:
<
I. Describe the main types of business entities and their defining characteristics.
<
II. Apply product liability law and determine what issues are present. How would you advise your client to mitigate those issues?
<
III. Apply the elements and characteristics of an agency relationship to Sam’s actions. Does Sam’s involvement prior to the business formation, as well as his
<
anticipated role once the business is formed, create an agency relationship? Why or why not?
<
IV. Identify potential real property issues based on the location of the business on the family farm. Justify each potential issue.
<
V. Does the manufacture of Fred’s Miracle Cough Syrup on the family farm necessitate a formal transfer of ownership or possessory rights? Defend your response.
<
VI. Identify potential personal property issues based on the use of Sam’s personal vehicle to deliver the product. Justify each potential issue.
<
VII.Does the use of Sam’s personal vehicle in the course of business expose Sam or the business to any liability issues? Defend your response.
<
VIII.Identify potential estate planning issues with regard to the business and the family farm. Justify each potential issue.
<
IX. What estate planning vehicles are available to Fred and Sally should they desire to transfer ownership in the business and family farm, respectively, to Sam and
<
Lilly equally? What are the advantages and disadvantages to each?
<
X. Applying your analysis of the issues above, which type of business entity do you recommend for Fred’s Miracle Cough Syrup and why?
<
Case Study 2
<
Fred’s Miracle Cough Syrup has hit the market and become a huge success with the burgeoning integrative medicine demographic. Per your advice, Fred has
<
patented his famous concoction and trademarked the Fred’s Miracle Cough Syrup name and logo. Demand is so high that Fred and Sally are working full-time on
<
the business. Their children, Sam and Lilly, and their respective spouses, Jane and Tim, have joined the company full-time as well. In fact, Fred and Sally have
<
made Sam and Lilly part owners of the business. Fred, Sam, and Tim handle the production, sales, and delivery. Sally and Lilly handle the majority of the
<
administrative and business management tasks, while Jane acts as the bookkeeper. Sally and Fred are the only authorized signatories on the corporate account.
<
Sally and Lilly have been hard at work securing a new production facility and distribution chain to accommodate an upcoming contract with a national chain.
<
After locating a large warehouse on several acres, Sally and Lilly approach their local credit union for a loan. The business has only one business credit card used
<
to purchase supplies for the production of Fred’s Miracle Cough Syrup, and there is a small mortgage outstanding on the family farm. Personal debts of the
<
individual family members consist of small credit-card balances for Fred, Sally, Sam, and Lilly as well as an auto loan on Sam’s van.
<
During the commercial loan accounting review process, Sally and Lilly discover that Jane has been siphoning off large amounts of corporate money and “cooking
<
the books” to hide her actions. Jane has written several checks from the corporate account and forged both Sally’s and Fred’s signatures. Jane has made out all
<
but one of the forged checks to Don, a local loan shark, in an effort to repay her gambling debts. The check Jane did not deliver to Don was made out to “Cash,”
<
which she slipped into the collection box at church in an effort to absolve her guilt. The embezzlement was so severe that the family fears that Fred’s Miracle
<
Cough Syrup is now on the brink of bankruptcy. Meanwhile, Sam’s refusal to enter into an exclusive distribution deal with the local drugstore has enraged Bob,
<
the owner. Bob has now reverse engineered Fred’s cough syrup recipe and has posted it online in an act of vengeance.
<
As Fred and Sally tearfully recount the events of the past month, you reassure them that you are on the case, and you begin to ponder the legal issues at hand.
<
Specifically, the following critical elements must be addressed:
<
I. What legal defenses might Fred and Sally raise with regard to the checks written by Jane to Don? Why do you believe they will be successful or unsuccessful?
<
II. What legal defenses might Fred and Sally raise with regard to the check written by Jane and delivered to the church? Why do you believe they will be
<
successful or unsuccessful?
<
III. What, if any, civil claims do Fred and Sally have against Jane based on her actions? Why do you believe they will be successful or unsuccessful?
<
IV. Analyze the forms of bankruptcy available to the business in this instance (assume the business entity is the same form as you chose in Case Study 1).
<
What form is most appropriate and why?
<
V. Analyze the implications of a potential bankruptcy action on the business assets (assume the business entity is the same form as you chose in Case Study
<
1). Explain which, if any, are subject to forced sales, liens, or forfeiture.
<
VI. Analyze the implications, if any, of a potential bankruptcy action by the business on the assets of the individual family members (assume the business entity is
<
the same form as you chose in Case Study 1). Explain if the assets of business owners are subject to forced sale, liens, or forfeiture.
<
VII. What legal recourse does Fred have against Bob for infringement of intellectual property rights? Do you believe he will be successful? Why or why not?
<
Case Study 3
<
Both Fred’s family and the business have rebounded from their prior issues. Jane sought counseling for her gambling issues and has worked hard to mend her
<
relationships with the family. Prior to cashing the forged checks from Jane, Don was struck by lightning and experienced a spiritual enlightenment. He willingly
<
returned the checks to Fred and Sally and promptly joined the Peace Corps. Likewise, when the church found out the donated check was a forgery, it was
<
immediately returned. Bob’s wife (also Sally’s best friend) found out about Bob’s online sabotage and promptly remedied the situation. Once Fred’s Miracle
<
Cough Syrup was back on track, the company’s growth was exponential. Featured on a widely viewed talk show starring a prominent doctor, online orders and
<
demands from big-box chains nationwide skyrocketed. Fred and Sally have been told that now would be an ideal time to take Fred’s Miracle Cough Syrup public.
<
The only distressing issue at hand involves Tammy, a local girl who had been working as a delivery girl for the company. She applied for Jane’s former job as
<
bookkeeper. Fred and Sally hired Ted, an experienced accountant, instead, and Tammy has filed a claim of sex discrimination against the company and Fred
<
personally. Fred and Sally are seeking your advice regarding Tammy and the possibility of taking the company public.
<
Complete a legal analysis of the given facts, including the following elements.
<
Specifically, the following critical elements must be addressed:
<
I. Evaluate three current or potential legal and/or regulatory issues apparent in this fact pattern that might impact a public offering.
<
II. Determine whether Fred’s Miracle Cough Syrup is in compliance with government regulations involving public offerings by analyzing relevant laws and using
<
the appropriate legal test and facts given.
<
III. Support your conclusions and provide recommendations to improve compliance and strategies for corporate growth