Why should a company care about Ethics?
DQ1 Ethics
Why should a company care about Ethics?
DQ2 Common Law
What are some positives of the Common Law?
DQ3 Venue and Jurisdiction
What is the deference between Venue and Jurisdiction?
DQ4 5th Amendment
The 5th Amendment requires the government to act with Due Diligence. What does that mean?
DQ5 Binding Arbitrations and Mediation
What is the difference between Binding Arbitration and Mediation?
DQ6 ADR vs. Litigation
What are some pros of ADR vs. Litigation?
DQ7 Theories of Ethics
What are the philosophical constructs of ethics? In other words, what are some of the theories about right and wrong used by philosophers to discuss ethics? Give examples. How do these relate to business?
DQ8 What is ADR?
Class, what is ADR? What is it “alternative” to? Define the following forms of ADR:
Mediation, Arbitration. Have you ever been involved with either type of ADR?
ETH321 Ethical and Legal Topics in Business
Week 2 Discussion
DQ1 Types of Torts
Explain the required elements for each of the three types of torts: Intentional, Negligence & Strict Liability.
DQ2 Differences between a Patent and a Trade Secret
What are some of the differences between a Patent and a Trade Secret? Why would a company select one over the other?
DQ3 UTSA
UTSA is a state law. To get a patent, one must publicly disclose everything about it to the USPTO making it easy to steal it. What can a patent owner do about infringement?
DQ4 Computer Information
What Laws protect computer information? Could be either federal or state.
DQ5 Business Crimes
What are some specific examples of business crimes? What is the required burden of proof for such crimes?
DQ6 Types of IP
What are the 4 types of IP? Name them and give some examples.
DQ7 Negligence and Causation
Let’s discuss this idea of legal cause. Consider causation in light of these facts: Mrs. Pfasgraff is standing next to a large scale in a railroad station. Unbeknownst to her down on the railroad platform two railroad employees are negligently assisting a man with a brown paper bag onto a moving train. Because the railroad employees= negligence, the man trips and falls and the bag lands on the tracks. When the bag lands on the tracks it is run over by the train and explodes violently…
ETH321 Ethical and Legal Topics in Business
Week 3 Discussion
DQ1 Elements of a Contract
What requirements are necessary for the creation of a contract? Define each element.
What types of contract require a writing to be enforceable under the Statute of Frauds?
DQ2 Elements of a Contract
What requirements are necessary for the creation of a contract? Define each element.
What types of contract require a writing to be enforceable under the Statute of Frauds?
DQ3 Oral Contracts
Does an oral contract have to be in writing to be enforced? Think: Statute of Frauds.
What is the penalty for failure to satisfy the SOF?
DQ4 Contract Law
Two types of law govern contracts: The Common Law of Contracts & Article 2 of the Uniform Commercial Code. What do they each cover? Which one follows the Mirror Image Rule? What is the MIR?
DQ5 Enforceable Contract
What are the elements of an enforceable contract?
DQ6 Small Business
Why is the LLC the best form for a small business to use?
DQ7 Limited Liability
What is Limited Liability? What is Double Taxation?
DQ8 Elements of a Contract
What requirements are necessary for the creation of a contract? Define each element.
What types of contract require a writing to be enforceable under the Statute of Frauds?
DQ9 C-Corps — S-Corps
What are C-Corps and S-Corps? Compare and Contrast.
Types of Entities
Class, consider the following business entities:
Sole proprietorship
Partnership
LLC
Corporation
What are some of the important advantages and disadvantages of each type?
ETH321 Ethical and Legal Topics in Business
Week 4 Discussion
DQ1 Administrative Agencies
Why have the number of Administrative Agencies grown over the past forty years? What do they do well? What do they do poorly?
DQ2 Checks and Balances
Isn’t it scary to think that we eliminate the checks and balances of our system when we delegate all three powers to one agency? They act as Legislature, Executive and Judicial Branches?
DQ3 Financial Markets
I contend that public companies should be happy that the government regulates the financial markets. Explain my statement.
DQ4 Sarbanes Oxley Act
Discuss three SPECIFIC changes made by SOX?
Hint: Outside directors on the Audit Committee is one specific change.
DQ5 Outside Directors
What is so special about Outside Directors?
DQ6 Supremacy Clause
How does the Supremacy Clause effect the regulation of the states?
DQ7 Commerce Clause
When can states regulate commerce? When are states preempted from regulating commerce? Explain the term “Dormant Commerce Clause.
DQ8 Sherman Anti-Trust Act
Class, what are the provisions of the Sherman Anti-Trust Act? How do these impact business today, and do believe anti-trust is as important to business today as it has been in the past? Why or why not?
ETH321 Ethical and Legal Topics in Business
Week 5 Discussion
DQ1 Title VII Test
What is the Title VII test for religious discrimination? What is an Undue Burden?
DQ2Disparate Impact
What is Disparate Impact? Provide an Example.
DQ3 BFOQ
What is a BFOQ?
DQ4 “At Will” Employment
What is “At Will” Employment? Do you agree with the concept?
DQ5 Disparate Intent
What is Disparate intent? Provide an example.
DQ5 Employment at Will
What is employment at will? What are the exceptions to employment at will, and provide an example of each
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