If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.
If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.
In which state or states can the suit be brought?
Assume that Javier incurred $100,000 in damages.
Analyze whether the suit can be brought in federal court
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 by Day 7. Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.
Dq 2
In Chapter 1 of the text you read about the Bailey v. Eminem defamation case where the court held Eminem’s lyrics were protected by the First Amendment. Read the article and view the video (the links are listed under Week 1 Additional Learning Resources Required and Week 1 Multimedia Required) to the Pahler v. Slayer case. Respond to the following questions:
Did the Pahler court use the same reasoning as used in Bailey v. Eminem?
Should the court’s decision in Pahler be different because a young girl was murdered?
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.
Guided Response: Review several of your classmates’ postings. Do you agree with their analysis? Discuss with at least two of your classmates’ the ethical issues raised in this case and if you think the courts’ decisions in both Bailey and Pahler were correct. Respond to at least two of your classmates’ posts by Day 7.
BUS311 Business Law
Week 2 Discussion
Dq1
Read the Case Campbell Soup Co. v. Wentz in the text. Answer the following questions:
What were the terms of the contract between Campbell and the Wentzes?
Did the Wentzes perform under the contract?
Did the court find specific performance to be an adequate legal remedy in this case?
Why did the court refuse to help Campbell in enforcing its legal contract?
How could Campbell change its contract in the future so as to avoid the unconsionability problem?
Guided Response: Review your peer’s responses. Respond to at least two of your classmates’ letting them know if you agree with their analysis. Legal analysis is fact driven. If your analysis of the facts is different from a peer’s response, list the facts that led you to your conclusion. Did your peer give more weight to facts that you found unimportant? Respond to at least two of your classmates’ posts by Day 7.
Dq2
Read the Ace Heating and Cooling scenario in your text and answer the following questions:
Under UCC 2-302, who has the best chance of getting out of the contract due to unconsionability?
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?
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?
Guided Response: Respond to at least two of your classmates by Day 7, explaining your position and why you agree or disagree with their comments. Do you think the contracts are fair or unfair considering the parties had a disproportionate ability to bargain? Under UCC Section 2-302 the court has the discretion to find the contract unconscionable. Do you think this is a good approach? What other methods to resolve this issue is appropriate?
BUS311 Business Law
Week 3 Discussion
Dq1
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?
Guided Response: Review your classmates’ responses. Respond to at least two of your classmates’ postings by Day 7, expressing whether you agree or disagree with their assessment of the employer’s actions. Explain your position.
Dq2
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.
Guided Response: Review your peer’s responses. For at least two of your classmates, determine if your analysis of the facts is the same. Do you agree with their assessment or do you see the issue differently? Explain. Respond to at least two of your classmates’ posts by Day 7.
BUS311 Business Law
Week 4 Discussion
Dq1
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.
Guided Response: Respond to at least two of your classmates’ postings by Day 7. Do you agree or disagree with any of their views on real, intellectual or personal property? Do you agree with your classmate’s position on why society should treat property interests the same or differently? Explain.
Dq2
Read the article Governance in the Spotlight: What the Sarbanes-Oxley Act Means for YouPreview the document. 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.
Guided Response: Review your classmates’ postings by Day 7. For at least two of your classmates, discuss whether you agree or disagree with their position. Explain.
BUS311 Business Law
Week 5 Discussion
Dq1
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.
Guided Response: Review your peer’s posts. Respond to at least two of your classmates by Day 7 describing whether you agree with their predictions or if you see the issues differently. Explain.
Dq2
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
Guided Response: Review your peer’s posts. Respond to at least two of your classmates by Day 7 explaining whether you agree or disagree with their position. Challenge your classmates by asking a question that may cause them to reevaluate their position.
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