1. If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.
2. In which state or states can the suit be brought?
3. Assume that Javier incurred $100,000 in damages.
a) Analyze whether the suit can be brought in federal court
b) Explain the advantages and disadvantages of federal versus state court for this type of suit.
Guided Response: Analyze and respond to at least two of your classmates' postings. Do you agree with their conclusions?
Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.
Additional Learning Resources Required and Week 1 Multimedia Required) to the Pahler v. Slayer case. Respond to the following questions:
1. Did the Pahler court use the same reasoning as used in Bailey v. Eminem?
2. Should the court's decision in Pahler be different because a young girl was murdered?
3. Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.
Elements of a Contract. Read the Case Campbell Soup Co. v. Wentz in the text. Answer the following questions:
1. What were the terms of the contract between Campbell and the Wentzes?
2. Did the Wentzes perform under the contract?
3. Did the court find specific performance to be an adequate legal remedy in this case?
4. Why did the court refuse to help Campbell in enforcing its legal contract?
5. How could Campbell change its contract in the future so as to avoid the unconstitutionality problem?
The Uniform Commercial Code (UCC). Read the Ace Heating and Cooling scenario in your text and answer the following questions:
a. Under UCC 2-302, who has the best chance of getting out of the contract due to unconsionability?
b. The symbol for justice features a woman wearing a blindfold illustrating that the law should be applied the same way regardless of who the parties are. Does the UCC rule seem to contradict this? Which approach do you think is more ethical?
c. Note that both Glamour and Shady Rest are businesses, and courts rarely find that contracts between two businesses are unconscionable. The rationale is that a business is a sophisticated entity, familiar with transactions and able to protect itself. Do you think Glamour and Shady Rest are in a comparable position in regard to this contract? Why or why not?
Critical Analysis Paper. Give an example of a contract that you or someone you know entered into (for example, rental agreement, cell phone agreement, property purchase or lease-car, home, furniture, etc.; home or car repair, student loan agreement). Apply the five essential elements of an enforceable contract to your example and answer the following questions.
1. Was the contract successfully fulfilled?
2. Was there a breach of the contract?
3. If so, what remedies were available?
Employment-at Will. Should the law allow an employer to fire an employee without a good reason? Conduct research to provide examples to support your position and use your own personal employment experiences when possible. Have you observed situations where an employee was fired? Did the employer give a reason? Do you believe the employer's actions were legal?
A Principal's Responsibility for the Actions of Their Agent. Karen is shopping at Big Mart. She has with her an umbrella which is the same brand Big Mart carries. When a Big Mart employee, Steve, sees her leave with the umbrella without going through the checkout lane, he asks her to come back into the store. Steve says that he thinks Karen is shoplifting the umbrella. Karen tells him that she has had the umbrella for years and shows him marks of wear and tear. Steve apologizes and tells Karen she is free to go. Can Karen successfully sue for false imprisonment or defamation? From what you have learned about the relationship between a principal and an agent, analyze whether Steve or Big Mart could be liable because of Steve's actions.
Final Paper Prep. Review the assignment requirements for the Final Paper in Week 5. In a one to two page APA-formatted paper address the following:
1. Thesis statement
2. Topic of your paper
3. Outline the major headings
4. One article from your literature review using the Annotated Bibliography Guidelines below:
a. State the complete bibliographic citation for the article using APA format
b. Provide a summary/abstract/annotation of the article, which means to list the major topics discussed in the article.
Real, Intellectual, and Personal Property. List two characteristics each of real, intellectual, and personal property. Do owners of real, intellectual, and personal property each have the same rights under the law? List how each type of property is treated under the law. Explain why it is in the best interest of society to treat these types of property the same or differently.
Business Ethics. Read the article Governance in the Spotlight: What Sarbanes Oxley means to You. In this article the author outlines provisions companies are now required to implement. Consider the requirements imposed by Sarbanes Oxley on corporate boards of directors. Do small businesses and privately held companies have ethical duties? If so, to whom would they owe this duty? Employees? Customers? Vendors?
Should the law impose ethical requirements on small businesses or privately held companies or can the marketplace police unethical business behavior? Provide support to justify your position.
Intellectual Property and Technology. Internet domain names are linked to trademark issues. Technology makes it easy to copy and distribute music and movies without paying royalties. Business conducted on the internet raise security and privacy issues. What legal concerns are raised by these issues? Predict which of these issues will be of major concern in the future in regard to the law and business practices.
The Global Marketplace. How do governments attempt to control foreign businesses operating within their borders? When U.S. companies do business in other countries, what issues do they face? Describe the responsibilities and ethical concerns that you feel are important for U.S. companies to consider when doing business in other countries
The Final Research Paper should address a topic that is connected to the content of this course (elements and requirements of a valid contract; issues related to real and personal property; intellectual property; employment law; and/or, international law and the global marketplace.) This paper should focus on a legal issue or situation that relates to a business environment or activity with a focus on the legal impact technology has on this issue.
Ideally, this topic would concern a matter that you have experienced or that you have knowledge of; however, this not a requirement, only a suggestion. Apply the legal concepts and ethical considerations discussed in this course to your chosen topic. At a minimum this paper should include:
A detailed description of the topic.
An analytical discussion of the legal issues that are involved. This would entail examining the issue from different viewpoints.
A discussion of ethical considerations (Remember: What is legal may not be ethical).
A discussion of the legal impact technology has on this issue.
A well defined and logically stated argument to support your position. This would include any suggestion or ideas for improvement in this area of law.
Four research sources, two of which must be from the Ashford Library.
The paper also needs to meet the writing requirements that are set out below under "Writing the Final Research Paper."