Law and Business Today Please respond to the following: Looking at the legal environment of business today, discuss where you see the law has fallen short for businesses or consumers. Review the four components that make up legal astuteness and rank order the four components in order of most valuable to managers in today's
When a contract is negotiated with a vendor for procurement of costly and special products, rather than off-the-shelf products, there can be a lot of negotiations. There will be conflicts that need to be resolved regarding matters such as price and penalties for non-compliance. In such negotiations, the party that has more power
Reference reading is Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, 7th ed., by Henry R. Cheeseman (Upper Saddle River, NJ: Pearson/Prentice Hall, 2010). Members of Students for Fair Tuition (SFT) decide to protest rising tuition costs at Gigantic State University (GSU) by taking
Bridezilla Wedding Planning issued two checks totaling $150,000 to BabyCakes Bakery for wedding cakes it had purchased. BabyCakes Bakery endorsed the checks over to the law firm of Shark & Shyster as payment for a retainer. BabyCakes Bakery, soon after, collapsed as a business, and Bridezilla Wedding Planning stopped payment on
You are the attorney for WABC, a New York City television news outfit, and you are in charge of drafting a non-compete agreement for the new anchorperson Bob Bobswell. Bobswell was born and raised in New York, but educated in California. His most recent job was as an anchorman in Minnesota. Assuming that non-compete agreements
Walt Shoddy, the owner of Shoddy Shoe Repair, was contemplating retirement. He therefore contracted to sell the business to Pauline Parker. Shoddy Shoe Repair was located in Hoosierburg, Indiana, which has a population of 5,233. Besides containing a provision entitling Parker to use the Shoddy Shoe Repair name for the business,
Do employees have the right to use social media to make negative statements about their employers online?
Herschel contracts with Ivy to buy a certain coffee shop, Java Jive, for Ivy, who asks Herschel not to reveal her identity. Herschel makes a deal with Kendal, the owner of the restaurant, and makes a down payment. Ivy fails to pay the rest of the price, and does not pay Herschel for his services. Does Herschel have any recourse
Rebuilding The Employment Contract: Practices, Policies, and Politics: Regarding the above broad topic, please review an employment contract. This can be your own or that of someone you know or one found online. Read it carefully and fully. Tell me what you learned by reading the contract. Did you understand the terms
Read the information contained in the "How to Form A Single Member LLC" (see attachment) and provide a brief summary of your research findings.
1. Article 2 of the UCC governs the sale of goods. True False 2. Article 2 of the UCC with respect to firm offers in general establishes more stringent rules for non-merchants than for merchants. True False 3. A contract with a seller in NY that states delivery is "FOB New York" is a destination contract. True False 4.
1.) Discuss how the following could occur given what Article I, Section 7 of the Constitution says. Is this decision wrong? 2.) Select a case and explain how it is processed throughout the various legal phases. Because most cases never make it to trial, it is also important to consider alternative methods of dispute resolutio
Today, an ever increasing percentage of our purchases take place using the Internet. Most every brick-and-mortar retailer also has a website; in addition there are many on-line only sellers as well. Let's discuss in general how we think the law should respond to this changing retail environment. Has the law kept up? Are online r
Federal laws enacted over the past 50+ years seek to deal with discrimination in employment. The kinds of discrimination addressed range from gender to race, and other categories as well. Are these various anti-discrimination laws necessary? Do they continue to serve a valid purpose? Is discrimination in the workplace a problem
Levy and Associates installed a hidden camera in its offices after several employees complained of theft. The secret cameras were installed in the area where only female employees worked because a manager had a "feeling" that they were the ones responsible for the thefts. The surveillance cameras rotated 360 degrees and filmed o
Emily had a wonderful twenty-first birthday celebration. Her boyfriend gave her a mini-DVD camcorder, and her sister gave her a $50 gift certificate to Tom Shea's, a popular seafood restaurant. Emily's grandfather telephoned her from Florida to say his present to her was his convertible sports car. She could pick it up at his wi
Detail the respective duties of people critical to the corporate process: directors of corporations, officers of corporations and shareholders of corporations. Also what are the differences between a publicly held and a closed corporation?
What are the different ways that title transfers under UCC Article 2? Which party bears the risk? What distinguishes a sale on approval, sale on consignment, and sale or return under UCC Article 2? What are the remedies for contract breach available under UCC Article 2? What are the types of warranties available under
Case brief response to the Monsanto Co. vs. Coramandal Indag Products case.
The four of the main functions of law described; discussed; with examples and opinions as to whether or not the each function of the law fullfills its purpose
Describe the following: The parties (Who is the plaintiff? The defendant? The appellant? The appellee?) The history of the case (Who won at trial court? Who won at the lower appellate level? Who won in this decision?) The facts (What happened that caused the plaintiff to sue?) The plaintiff's theory (Why he thinks he i
Extent of control of employee communication and work; high performance team elements of communication, conflict resolution and trust
1. The question most people and organizations would ask themselves is (as I see it): How much control should be exercised before that ultimately "kills" employees' motivation, productivity, and engagement. An employee in a very big bank where I live reported recently that he was feeling constantly monitored by its firm to the po
Three employees apply for the job of assistant manager within the department. They are all well qualified for the position. The first, John, is 50 years old and has over 20 years experience, but he is not up-to-date with modern technology. The second applicant is Jan, who is 20 years old and fresh out of college. She only has 1 year of experience, but has a master's degree in business. The third applicant is Maria, who is 40 years old and has 10 years experience in the department. She has a good technology and business background. The manager hires John because they golf together outside of work and are friends. Jan feels that she deserves the job and files a gender discrimination complaint with the EEOC. Maria, who is Hispanic, feels that she deserves the job and files national origin and gender discrimination complaint with the EEOC. In-house legal counsel tells you, the executive administrator, about the EEOC complaints. What do you do? Prospective Risk Management Identify and describe strategies you could adopt to limit legal risk in this area in the future.
Three employees apply for the job of assistant manager within the department. They are all well qualified for the position. The first, John, is 50 years old and has over 20 years experience, but he is not up-to-date with modern technology. The second applicant is Jan, who is 20 years old and fresh out of college. She only has 1
In the novelist John Grisham's work "Testament," the decedant, a reclusive industrial billionaire disinherits all of his children, except for one daughter who is a medical missionary in Brasil. Some cultures, ours included, allow the decedent to disinherit any or all of his/her children. Other cultures and legal systems absolutely refuse to allow a decendant, man or woman, to disinherit a child, minor or adult. Which system resonates with you personally?
In the novelist John Grisham's work "Testament," the decedant, a reclusive industrial billionaire disinherits all of his children, except for one daughter who is a medical missionary in Brasil. Some cultures, ours included, allow the decedent to disinherit any or all of his/her children. Other cultures and legal systems absolute
Question 1 Describe your personal negotiation style and why it is good to understand a best alternative to a negotiated agreement (BATNA) concept? Question2 Define ethics. Why do ethics matter in negotiation? Describe a time during negotiation when you either engaged in or observed unethical or borderline unethical behavior
What is the difference between a material breach of contract and a nonmaterial breach of contract? What are some examples of legal and equitable remedies available for breach of contracts? What are some legal excuses for nonperformance or other grounds for discharge of contracts? Provide examples.
The ultimate goal is to gain a better understanding and appreciation of the laws that govern individuals and other entities in their business transactions. Share a 'blank' contract for Hewlett Packard auditing. Explain if the contract comes under the jurisdiction of article 2 of the UCC. If you do not have access to a 'bl
Brief Croskey v. BMW of North America. Include the people involved, the case's history, the plaintiff's claims, the defendant's claims, the issue being disputed and the holding of the court. In your opinion, was the case decided correctly?
Which of the following is false about the power of courts? 1 Courts are not absolutely bound to favor one technique of statutory interpretation over another. 2 Courts can distinguish prior decisions in common law cases. 3 State Supreme Courts can overrule their own prior decisions. 4 Trial courts can decide abstract propositions of law even though there is no real case or controversy between existing parties with a tangible stake in the outcome of the controversy. In general, when there is a conflict in law between a statutory rule and a common law rule which rule will prevail? Answer 1 The common law rule 2 The statutory rule 3 The rule that was last in time to be developed 4 The common law rule will prevail but only if it was developed by a State supreme court A method of alternative dispute resolution in which judicial review is limited to just a few grounds, like fraud or corruption is called __________. Answer 1 arbitration 2 mediation 3 minitrial 4 conciliation Business Law, Thirteenth Edition 2007.
Which of the following is false about the power of courts? 1 Courts are not absolutely bound to favor one technique of statutory interpretation over another. 2 Courts can distinguish prior decisions in common law cases. 3 State Supreme Courts can overrule their own prior decisions. 4 Trial courts can decide abstract pr
Dracca, Inc. ("Dracca") is a publicly-traded U.S. corporation that manufactures and distributes baby equipment in seven countries. It is based in St. Louis, MO, but has manufacturing facilities in Philadelphia, Sacramento, and Indonesia. Key products include: â?¢ Strollers â?¢ High Chairs â?¢ Cribs â?¢ Pack-n-Play