BUS 311 Entire Course – Business Law
BUS 311 Entire Course – Business Law
Applying the Law to a Set of Facts. Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions
- 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.
- 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.
Tort or Crime. In Chapter 1 of the text you read about the Bailey v. Eminemdefamation 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.
Elements of a Contract. 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?
The Uniform Commercial Code (UCC). 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?
Week 2 Assignment
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.
- Was the contract successfully fulfilled?
- Was there a breach of the contract?
- 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.
Week 3 Assignment
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:
- Thesis statement
- Topic of your paper
- Outline the major headings
- One article from your literature review using the Annotated Bibliography Guidelines below:
- State the complete bibliographic citation for the article using APA format
- 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.
Week 4 Assignment
Multimedia activity: Business Organization.
DeAngelis, M. (2012, February 15). Business Entities. Hartford, Connecticut, USA. Accessed via: http://legalstudiesclassroom.blogspot.com/2012/02/business-entities.html
List the general requirements of an LLC, partnership and corporation. Find an example of a business organization that is an LLC. Discuss why this company preferred to be formed as an LLC instead of a partnership or a corporation. Describe at least one advantage or disadvantage of the LLC form for the company.
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
Week 5 Final Paper
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
Week 2 Quiz
: Katrina is complaining to her landlord about the six-inch long cockroaches in her apartment. The landlord scoffs, saying: “Cockroaches don’t get that big! I’ll pay $10,000 to anyone who can show me a six-inch cockroach.” Will, a bug collector, overhears and promptly presents the landlord with his prize six-inch South American cockroach. The landlord refuses to pay, and Will sues. Which of the following best describes the situation?
- Question : Merlin posts his car for sale. Breanna calls and leaves a voicemail, saying, “Hey, I definitely want to buy your car! I’ll pick it up tomorrow, okay?” Which of the following best describes the situation?
- Question : Delta Inc. offers to sell Omega Corp. a packaging machine. Omega responds “We’ll take it but only if there is a six-month warranty.” Which of the following is true?
- Question : Seller agrees to supply all the gasoline Buyer needs for the next year at $3.00 per gallon. After three months, the price of gas falls to $2.33 per gallon. Buyer refuses to keep buying from Seller unless Seller lowers the price. Seller agrees. Two months later, the average price for gas goes up to $3.50 per gallon. Seller asks Buyer to agree to a price raise, but Buyer refuses.Which of the following is true?
- Question : Daniel offers to sell his Toyota Camry to Jen for $8,000. Jen replies, “I accept. Make sure you wash and wax the car before you bring it over.” Which best describes the situation?
- Question : Consideration is
- Question : A simple contract need(s) to
- Question : Alpha orders 100 Grade A widgets from Beta. Beta does not have any Grade A widgets in stock, so it ships Alpha 100 Grade B widgets instead. Which of the following is true?
- Question : If an offeree attempts to add different terms in an acceptance, which of the following conflict with what the offeror stated?
- Question : Peter, an art dealer, offers to sell a painting to Ben, a teacher, for $200. Ben responds, “I accept. I want it in a red frame, like the one I saw on that other painting at your gallery, so it will match my sofa.” Peter and Ben
Week 3 Quiz
The United States has laws that prevent an employer from terminating employees without due cause.
- Question : Peter owns an auto dealership. Peter hires Cara as a receptionist, Ben as a salesperson, Stacy as a mechanic, and the “Clean as a Whistle Co.” to come in at night and clean the premises. Which situation is LEAST likely to result in liability for Peter?
- Question : Employees and independent contractors are two types of compensated agents.
- Question : An employer has a duty to indemnify, or compensate an employee for any losses suffered as a result of authorized legal acts that the employee performs under the employment agreement.
- Question : Petra appoints Alexander as her real estate agent to help her buy a house. Harry appoints Alexander as his agent to help sell Harry’s house. Alexander thinks Petra would like Harry’s house, and would be willing to pay Harry’s asking price. Which of the following can Alexander lawfully do?
- Question : Peter tells Annabel to mark down all products 15% for a weekend sale. Annabel, correctly thinking that some items are so in demand they will still sell with only a 5% discount, sells some products with a 5% discount, some with 15%, and some with no discount at all. She keeps the extra as a bonus, figuring that Peter is expecting regular price minus 15%. All the inventory sells in the weekend sale. Which of the following is true?
- Question : With authority, Ganeesh contracts to buy Sam’s farm for Belinda. Because he believes that Sam will raise the price if he finds out that he is representing Belinda, Ganeesh does not tell Sam he is representing anyone. On the day of the closing, neither Ganeesh nor Belinda shows up. Which of the following statements is NOT true?
- Question : If an agent is acting pursuant to a valid agency contract and she is not being paid for her services, she cannot be sued for breach of contract if she fails to act as promised.
- Question : Without authority, Christina contracts on behalf of Lawrence, to buy Valeria’s car for $3,000.Which of the following is true?
- Question : Angelina is hired to work for Pupco Inc. for two years. Which of the following is true?
Week 4 Quiz:
Kevin and Emily own a house as joint tenants. If Kevin dies, Emily will own
- Question : The power of the government to regulate what use real property may be used for is known as
- Question : Which of the following is a partnership?
- Question : If you find a diamond bracelet on the public sidewalk, you are most likely to be able to keep the bracelet if it is
- Question : Isabel invents a new type of exercise shoe, which she calls the “Super Soul.” To protect the name of her product, Isabel should get a
- Question : A trademark is an example of
- Question : Which of the following does NOT have the advantage of single taxation?
- Question : Which of the following has NOT been a criticism of the Supreme Court’s decision in Citizens United v. Federal Election Commission?
- Question : Cary, Dean, and Madeline are partners in a furniture store. Madeline wants to buy some antiques from an upcoming estate sale. Dean thinks it’s a good idea, but Cary says it is too pricey. Madeline goes ahead and buys the antiques. Which of the following best describes the situation?
- Question : Aaron and Jerard form a partnership, with Aaron as general partner and Jerard as a limited partner. Which of the following is true?
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