Read the Call-of-the-Question carefully, and follow the instructions for each subject. Prepare four Briefing Papers using the APA Format for Research Papers.
Briefing Paper 1: Critical Legal Thinking
•Read Bank of America, N. A. v. Barr - Cheeseman text page 293-294.
•Respond to the three Case Questions found in Cheeseman Text page 294.
•Brief the facts of the case and assume your boss is seeking your opinions as noted in the Critical Legal Thinking, Ethics, and Contemporary Business questions. Argue both sides of all issues..
Briefing Paper 2: Law Case with Answers
•Read Creative Resource Management, Inc. v. Soskin - Cheeseman text page 324.
•Brief the facts of the case and assume your boss is seeking your opinions the effects of Mr. Soskin's signature and what other facts could make him personally liable for the debt of the LLC. Argue both sides of the issue..
Briefing Paper 3: Critical Legal Thinking Cases
•Read Sections 14.5 Liability of General Partners - (p. 307); 15.6 Liability of Members - (p. 326); 14.6 Liability of Limited Partners - (p. 307); and Limited Liability Company- (p. 325).
•Check the decisions of the highest appellate courts, if a case is cited, for each fact pattern..
•Brief the facts of the cases and assume your boss is seeking your opinions on whether each of the four subjects affect business in the United States and if so, provide the worst and best case scenarios..
Briefing Paper 4: Ethics Case
•Read Section 14.9 Ethics - Cheeseman text page 308.
•Brief the facts of the case and assume your boss is seeking your opinions on the three questions found at the end of Section 11.9. Argue both sides of all issues..
I have outlined the cases, but case 14.9 page 308 is not in the attachment. Once you supply it, I will finish. I gave you a lot of information about the #3 cases in a couple of places. I also included a summary, but the information is important to know and understand about how some of these cases work especially when working with government entities and statutory entities. Take what you need and then just read the rest for your own information.
Briefing papers 5
1. The sole proprietorship is the simplest type of business, unincorporated and run by one individual. There is no difference between the entity and the person, the owner. The owner has all the responsibility, including debt and makes all the profits. Losses, and liabilities also fall to the owner. There is no state filed or other paperwork involved in the starting of a business as a sole proprietorship, except the necessary licenses and permits required for some local governments and regulated industries. Barr was responsible for the debts. As the sole proprietor, she was not separate from the business, nor was she less responsible because she later changed the business structure/type. Signing for the business, she was actually signing for herself to use the funds and whatever debt was incurred from their use. She probably did not have a problem accepting any profits made from the use of the line of credit. The bank had every right to assume that once she signed for the debt and kept using it, she also knew she had to pay it back.
2. Nashville Pro Hockey, LLC owned and operated the Nashville Nighthawks hockey team. The team contracted with CRM for services and when the team failed, they left a large debt with CRM. CRM sued the team's LLC and Barry Soskin (President of Nashville Pro Hockey, LLC) who signed the agreement contract with CRM. IN the contract he signed it stated, "By affixing my hand and seal to this agreement, I personally guarantee any and all payments payable as represented and outlined in this agreement." The statement and Soskin's signature on it makes him responsible for the debt. He made a personal guarantee to pay the debt if the company could not. Language such as this is often part of contracts and people must be cautious and aware to look for it if they do not want to make such guarantees. The "I personally" could not be the business, since it was a business and not an I, though he was acting as the representative of the company. In effect, he guaranteed the business would pay, or that he would, personally.
3. Liability of General Partners: In this case, the group of McGowan, Somers and Roberson joined together to form a partnership that would develop properties and build houses. As part of the partnership agreement, McGowan and the other two would put in 1/3 capital to begin and McGowan and his company, Advance would build the houses on the properties, in essence, manage the business, buy materials, hire labor, etc on a day to day basis. The other two would not participate in the business in this sense. McGowan built houses, but stopped paying the bills and mortgages on the spec homes. Suppliers and banks sued and the courts found him responsible along with his wife and the partnership, but personal liability of the other two partners was only in relation to the proportion they put into the partnership. This was reversed on appeal because any business done in relation to the partnership is done for the partnership as a whole and therefore means equal personal liability for partners. When forming a partnership, the value of the business is in all general ...
Review of the cases presented in the assignment, most concerning limited liability partnerships.