01 Feb Sole proprietorship

MBA5005 Law & Ethics for Managers
Week 1 discussion

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Before beginning work on this week’s discussion forum, please review the link “Doing Discussion Questions Right,” the expanded grading rubric for the forum, and any specific instructions for this week’s topic.

By the due date assigned, submit your answers to this Discussion Area. Post the assignment directly in the discussion thread and label the answers with the appropriate scenario number. Do not copy the scenarios into the thread with the answers. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students, as outlined in the rubric, by the end of the week.

Select two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario I—Law and Ethics

CourseHero.com is one of the many websites where students submit assignments and pay an unknown person located anywhere in the world to write papers the students can submit to their professors.

A student posted a message on CourseHero.com requesting preparation of a 12-page paper that explained the importance of the university’s academic integrity policy and the various reasons for not cheating. The student offered to pay $50 for the paper.

What legal and ethical issues do you see with the student posting the assignment so someone else can prepare the paper?

Hint:

Consult your student handbook, starting with the section titled “Academic Integrity, Intellectual Property and Copyright Policies,” for both ethical and legal ramifications of posting an assignment from the South University to another website. The legal portion starts around page 30.

Scenario II—Second Amendment

You accepted a job with Generic Hospital located in your city. The hospital is part of the Well Care system of for-profit hospitals. The employee handbook prohibits employees from possessing firearms on any company property. Generic Hospital is located in an area of town that is known for high crime rates, and you work the second shift, which means you will be leaving work late in the evening. You have a permit to carry a firearm in your car and believe the handbook’s provision violates your rights.

Summarize your state’s parking lot laws related to firearms.

If you challenge your employer, which party will prevail? Provide arguments for both sides, determine which party wins, and provide support for your decision.

Scenario III–First Amendment

Sullivan, a student at Shelby County Middle School, learned he received a D in English, which meant he would be required to attend summer school. While in the school library, Sullivan posted on Facebook that his English teacher should be shot. Sullivan also posted a cartoon that showed the teacher’s head on a bloody dead body. Three days later, Sullivan’s mother instructed her son to remove the post. Before the post was removed, a student printed the post and showed it to the principal, who suspended Sullivan for the last two weeks of school. Law enforcement was not involved in the situation.

Determine whether Sullivan’s statement and the resulting action by the school violate the First Amendment. Provide at least one case to support your answer.

Scenario IV – Jurisdiction

Ima Little, 4’2″ tall, visited Southern Subs Restaurant (SSR) in Montgomery, Alabama. SSR’s corporate headquarters is located in Savannah, Georgia. Little was three months pregnant and craved a sandwich with anchovies. She took the receipt after ordering her food and reviewed it while walking to a table. Little noticed the receipt contained the words “Fat Midget” printed by customer name. Before she could get to her table, Little stepped in some sauce, slipped, and fell, sustaining injuries to her back and arms. She suffered a miscarriage 24 hours after falling at the restaurant.

Discuss each of the following possibilities for filing a lawsuit, select the best option and support your choice.

Alabama State Court

Alabama Federal District Court

Georgia State Court

Georgia Federal District Court

MBA5005 Law & Ethics for Managers

Week 2 discussion

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Before beginning work on this week’s discussion forum, please review the link “Doing Discussion Questions Right,” the expanded grading rubric for the forum, and any specific instructions for this week’s topic.

By the due date assigned, submit your answers to this Discussion Area. Post the assignment directly in the discussion thread and label the answers with the appropriate scenario number. Do not copy the scenarios into the thread with the answers. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students, as outlined in the rubric, by the end of the week.

Select two of the scenarios given below and explain the best solution to each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario I—Torts and Product Liability

On his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.

Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.

Provide the arguments that each party (Earl, the car manufacturer, and the pub) will make at trial.

Explain how the court should rule. Provide support for your decision.

Scenario II—Torts

After the extraction of two teeth, Yolanda’s dentist, Dr. Harris, wrote a prescription for pain medication and cautioned her not to drive or operate heavy machinery while taking the medication. Yolanda took the prescription to the drive-in window at the local Walgreens pharmacy. The pharmacy was busy and understaffed at the time, and the technician failed to include information about adverse reactions associated with taking the medication. Yolanda took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Yolanda failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.

Using the textbook, the laws of your state, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the injured driver against Yolanda, Dr. Harris, and Walgreens.

Scenario III—Employment

Little Rock Catering, located in western Arkansas, provides food for special events and wedding consulting services. The business is privately owned and has seven employees. Sam, a 45-year-old lesbian, applied for the position of event services coordinator and was denied the position. Sam was highly qualified, with 10 years of experience in event planning. Mary Beth, a 21-year-old recent college graduate and member of the owner’s church, was hired.

Research the state laws on nondiscrimination in Arkansas and your state.

On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on sexual orientation discrimination?

On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on age discrimination?

Would the outcome of a lawsuit based on sexual orientation discrimination be different if the catering company was located in your state?

Scenario IV: Product Liability

Shenzhen Limited manufactures electric hair dryers. Julie purchases a Shenzhen Limited dryer from her local Sally’s Beauty Supply. Frances, a friend and guest in Julie’s home, has taken a shower and wants to dry her hair. Julie tells Frances to use the new Shenzhen Limited hair dryer that she has just purchased. As Frances plugs in the dryer, sparks fly out from the motor, and sparks continue to fly as she operates it. Despite this, Frances begins drying her hair. Suddenly, the entire dryer ignites into flames, severely burning Frances’ scalp. Frances sues Shenzhen Limited on the basis of negligence and strict liability in tort. Shenzhen Limited admits that the dryer was defective but denies liability, particularly because Frances was not the person who purchased the dryer. In other words, Frances had no contractual relationship with Shenzhen Limited.

Discuss the validity of Shenzhen Limited’s defense.

Are there any other defenses that Shenzhen Limited might assert to avoid liability? Discuss fully.

MBA5005 Law & Ethics for Managers

Week 3 discussion

Before beginning work on this week’s discussion forum, please review the link “Doing Discussion Questions Right,” the expanded grading rubric for the forum, and any specific instructions for this week’s topic.

By the due date assigned, submit your answers to this Discussion Area. Post the assignment directly in the discussion thread and label the answers with the appropriate scenario number. Do not copy the scenarios into the thread with the answers. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students, as outlined in the rubric, by the end of the week.

Select two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. You should try to locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.

Scenario 1—Contracts

Dr. Delgado, a pediatrician entered into an employment agreement with the All Children’s Hospital. According to the contract, after termination of her employment for any reason, Delgado could not compete with the hospital by working within a 100-mile radius of it for two years. One year after resigning from the hospital, Dr. Delgado opened her own pediatric practice within 75 miles of the hospital and began seeing patients. All Children’s Hospital filed a breach-of-contract lawsuit against her.

Provide potential arguments for both parties regarding the breach of the non-compete contract lawsuit. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario 2—Intellectual Property

Professor Klug teaches tort law for Las Vegas School of Law, a for-profit law school. Several times during the semester, the professor made copies of various articles and distributed them to his students. Unbeknownst to Klug, the daughter of one of the article’s authors was a student in his class. The daughter told her father about Klug’s copying, which took place without the father’s or publisher’s permission. The father sues Klug for copyright infringement. Klug claims protection under the fair use doctrine.

Provide arguments for each party. Determine which party will win. Provide support for the arguments and the final answer with cases or scholarly articles from the South University Online Library.

Scenario 3—Antitrust

Mitchell Dawson and three of his friends purchased nonrefundable tickets from Live Nation Entertainment to attend a concert at the Straz Center in Tampa. The front of the ticket included a printed statement that the price included a $10 parking fee. Dawson and his friends hired an Uber driver to take them to the concert.

Frustrated at being charged for parking that he did not need, Dawson filed a lawsuit in federal district court against Live Nation arguing that the bundled parking fee was unfair since consumers were forced to pay it in order to attend the concert. He asserted the tying arrangement violated Section 1 of the Sherman Act.

Present the arguments that both parties to the lawsuit would make.

Select a winner and support your choice.

Scenario 4—Consumer Protection

On February 1, a salesperson for Metropolitan Life Insurance met with the Drakes at their home. The Drakes lived in a 55+ retirement community with a homeowners association that prohibited door-to-door sales. After facing a persuasive sales pitch about the importance of providing for the surviving spouse and their kids and grandkids, the Drakes signed a contract to purchase a life insurance policy for a total of $3000 per year. A down payment of $100 was required, with the remainder of the cost to be paid in monthly payments. Two days later, the Drakes had second thoughts about purchasing the insurance. Mr. Drake contacted the insurance company and stated that they had decided to cancel the contract. The insurance company said it would be impossible to cancel the first year and the Drakes would be in breach of contract if they did not make all of the payments.

Did Metropolitan Life Insurance violate any consumer laws by not allowing the Drakes to rescind their contract? Explain.

MBA5005 Law & Ethics for Managers

Week 4 discussion

Before beginning work on this week’s discussion forum, please review the link “Doing Discussion Questions Right,” the expanded grading rubric for the forum, and any specific instructions for this week’s topic.

By the due date assigned, submit your answers to this Discussion Area. Post the assignment directly in the discussion thread and label the answers with the appropriate scenario number. Do not copy the scenarios into the thread with the answers. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students, as outlined in the rubric, by the end of the week.

Select two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario I – Business Organizations

Yolanda, Ginny, and Sara met while working for the Campus Subs in Knoxville, Tennessee. Yolanda was attending college to earn a business degree in hospitality. Ginny was attending culinary school to become a chef, and Sara was a recent graduate in sales and marketing. The three ladies decided to open their own soup and sandwich restaurant on wheels, also known as a food truck. They planned to start small with one truck but had big dreams to own a whole fleet of trucks that served a variety of foods.

Yolanda took a business law class and remembers there are several forms for organizing businesses. The ladies have come to you for advice about the various forms of business organizations.

Evaluate three forms of business organizations including advantages and disadvantages related to the business the ladies plan to operate. At least one of the options must be the LLC or LLP.

Select a business form for the friends and defend your choice.

Explain the requirements for starting that form of business in your state.

Scenario 2—LLC Liability

Plaintiffs Karl and Ginny Drake were injured by lead paint while living in a house owned by Riverwood Homes, LLC. The plaintiffs sued Bill Ding, a member of the LLC at the time it owned the property, alleging that he was liable for their injuries. Ding had limited involvement with the property. He has never visited the property, and neither he nor the LLC was aware that the plaintiffs were occupying the property until after the LLC acquired it. Once they realized this fact, they took legal action to have the plaintiffs removed. The applicable housing code imposes liability on any individual who “owns, holds, or controls” the title to the property.

Is Ding liable for the plaintiffs’ injuries?

What are the policy arguments in favor of both parties?

Scenario 3—Securities

In 2010, after working at Regions Bank for 6 years, Noah Lott helped found Nova Capital Corporation, a venture capital firm that invested in the technology sectors. NCC went public in 2012, and Lott served as its CEO and chairman of the board. Various documents filed with the SEC stated that Lott “earned his MBA in finance from Harvard University and an undergraduate degree in management.” In fact, he attended Harvard for only year and did not graduate. After being pressured by a journalist, Lott disclosed the misrepresentation to the NCC board. The same day, the company issued a press release correcting the statement.

The press responded negatively to “another CEO that lied about his resume” and speculated about “what else might not be right.” On the day the press release was issued, NCC’s stock price dropped from $33.58 per share to $26.40, but it fully recovered within a six weeks.

Shareholders sued, alleging that the misrepresentation violated section 11 of the 1933 Act, section 10(b) of the 1934 Act, and Rule 10b-5.

Was Lott’s lie about having a college degree material?

Would your answer be the same if a CEO lied about having helped to take a company through an initial public offering and subsequent acquisition by another company and having led a pharmaceutical company from incorporation through human clinical trials and launch of a new drug?

If you were a member of the NCC board, would you be comfortable keeping Lott as CEO once you learned that he had lied about having a college degree?

Scenario 4 – Bankruptcy and Secured Transactions

Coastal Property Restoration (CPR) periodically purchased used restaurant equipment from Slyce Pizza Company. CPR refurbishes and sells restaurant equipment to small restaurants. In December 2015, CPR purchased five used pizza ovens for $25,000. Because of the good relationship between the companies, Slyce financed the ovens for two years; however, Slyce did not obtain a perfected security interest in the ovens. In July 2016, CPR sold four of the ovens to another refurbishing company for $2,000 two days before filing bankruptcy. CPR still owes approximately $20,000 to Slyce for the ovens.

Evaluate the legal and ethical issues associated with CPR’s sale of the pizza ovens before filing bankruptcy. What recourse does Slyce have in recovering the monies still owed on the equipment or the remaining oven?

MBA5005 Law & Ethics for Managers

Week 5 Discussion

Before beginning work on this unit’s discussion forum, please review the link “Doing Discussion Questions Right,” the expanded grading rubric for the forum, and any specific instructions for this unit’s topic.

By the due date assigned, submit your answers to this Discussion Area. Post the assignment directly in the discussion thread and label the answers with the appropriate scenario number. Do not copy the scenarios into the thread with the answers. Start reviewing and responding to your classmates as early in the week as possible. You should review and critique the work of other students, as outlined in the rubric by the end of the week.

Evaluate two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario 1—International Trade

The Director of Purchasing for parts distribution company wants to purchase steel coach screws from Germany; however, he is not sure what the best option is. The director comes to you and asks your opinion. You know that Germany, Canada, and Korea are the best sources for obtaining this product. While your research shows coach screws from Germany are of the highest quality, the United States imposes a tariff of 12.5%, which makes this option noncompetitive.

Which US trade laws should you consider when selecting a country?

Is there any way by which you can seek a reduction on the tariff? If so, how? If not, why?

Select an alternative country (Canada or Korea) for purchasing the coach screws and explain your reasons for selecting the country.

Scenario 2 – Bribery

Slyce Pizza Company purchased four commercial refrigerators for the restaurants and eight pizza ovens from a supplier in Italy. Between the shipping costs, delays, and unanticipated duties, the purchasing manager was worried that his boss would be upset about the total costs. In an effort to reduce costs, the manager offered a US Customs officer $500 in cash to re-classify the imported goods to reduce the amount of duties owed.

Analyze the legal and ethical ramifications of the purchasing manager’s offer to the customs official?

Would it make a difference if the purchasing manager offered to donate $500 to St. Jude Children’s Research Hospital if the officer expedited the paperwork necessary to release the goods from custom’s custody?

Scenario 3—Environment

Recycling Genie is a new company that contracts with Best Buy and other electronics retailers for the collection old computers, monitors, televisions, and cell phones dropped off at their facilities. The electronics contain lead, mercury, and polyvinyl chlorides that are known to have toxicological effects such as cancer, kidney disease, and brain damage. Recycling Genie has been in negotiations to ship the e-waste to companies in China, Vietnam, and Mongolia.

What are the legal and ethical concerns with shipping e-waste to these countries?

Scenario 4—Property

Ginger and Allen lived together in New Mexico since 2011, but they were not married until July 2013. Allen purchased the home in 2008, prior to meeting Ginger. He did not add Ginger to the title after they were married; however, she contributed to the mortgage payments from 2011 until she started her business in 2013. In September 2013, Ginger inherited $55,000 from her father that she used to start a corporation, Fantastic Faces, a beauty consulting business

Ginger worked full time for Fantastic Faces, while Allen continued with his job teaching at the university. Allen made no contributions to Fantastic Faces. Due to limited financial resources, Ginger did not earn any salary until 2015.

In May 2013, Allen inherited 20 acres of farmland in Alabama from his grandfather. The land was leased to a local farmer. Allen visited the farm after the funeral in 2013 but did not return to Alabama. The rental income of $5,000 per year was deposited into the couple’s joint account. Allen filed for divorce in New Mexico on November 10, 2015.

Explain the how the court will determine the ownership of the house, farmland, and business based on New Mexico law.

Determine how the court would decide if the couple resided in your state instead of New Mexico.

MBA5005 Law & Ethics for Managers

Week 1 project

Project: Legal & Ethical Scenarios

Legal and Ethical Scenarios

Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.

Scenario I: Courts and Alternative Dispute Resolution

Alana Mendes suffered from Alzheimer’s, and was admitted to the Bay Pines Rehabilitation Center. Because of her mental condition, Alana’s daughter, Juanita, completed the admissions paperwork and signed the admissions agreement. The admissions documents included a clause that required parties to submit any disputes for arbitration. When Alana was released from the center four months later, she sued for negligent treatment and malpractice during her stay. Bay Pines moved to require arbitration.

This is a claim of negligent care, not a breach of a commercial contract. Is it ethical for medical facilities to impose mandatory arbitration? Is there really any bargaining over such terms?

Should a person with limited mental capacity be held to the arbitration clause agreed to by the next-of-kin who signed on behalf of that person?

Scenario II: Due Process and ADR

In 2016, a report found extremely high rates of obvious plagiarism in the theses of graduate students in the MBA program in the College of Business at Western State University. Two full-time faculty members and three adjuncts were identified for ignoring their ethical responsibilities and contributing to negligence toward issues of academic misconduct. Assistant Professor Mark Day was one of the three professors identified in the report. The findings were published during a press conference in May 2016. The dean of the College of Business, Derrick Dawson, removed Day’s responsibilities for advising graduate students and scheduled him for undergraduate courses for the next semester. Day filed suit in a federal district court against Dawson, the university, and others for violating his due process rights by publicizing accusations about his role in plagiarism without providing him with a meaningful opportunity to clear his name in public.

What does due process require in these circumstances?

Would the outcome be different if a mandatory arbitration clause was provided in Day’s contract and the university filed to dismiss the suit to require arbitration?

Scenario III: Regulatory Agencies and Ethics

Jessica Smith is the vice president of new drug development at Generic Phama, Inc, a pharmaceutical research company in Boston, Massachusetts. One year ago, she filed an application with the Food and Drug Administration (FDA) to obtain approval of a new drug for treating cancer. Smith met Joe Spencer at a convention three months ago and invited him to her room at the hotel. The two parted ways. Spencer worked as the director for approval of new drugs at the FDA. Two weeks later, Spencer wrote Smith a letter on FDA letterhead stating, “It was nice to see your name cross my desk on our company’s application for approval of the new cancer drug. I’d really like to see you again. Why don’t you come visit me in Washington this weekend?”

Smith considered requesting that the petition be referred to another director at the FDA. However, she is concerned that the transfer would delay the approval process for at least a year. Smith’s chief scientist advised her that a key competitor plans to introduce a similar drug on the market in three months.

Are there any legal or ethical barriers to relationships between corporate officers and members of administrative agencies involved in reviewing or regulating corporate activity?

What should she do?

What would you advise her to do if you were head of human resources or legal counsel for Generic Pharma, Inc.

MBA5005 Law & Ethics for Managers

Week 2 project

Instructions

Legal & Ethical Scenarios

Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.

Scenario I: Employment Law

Carole Smith, an Apostolic Christian, worked as sales associate at Nickels Department Store. One afternoon, during a break, Smith participated in a conversation about God, homosexuality, and same-sex marriages. The next day, an employee told the manager that Smith made inappropriate comments about gays to Casey, a Nickels employee who was gay. Over the next five weeks, Nickels investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In his statement, Casey reported that Smith pointed her finger and said that God does not accept gays, that gays should not be allowed to marry or have children, and that they will burn in hell. Three employees confirmed Smith’s statements.

Nickels terminated Smith’s employment after concluding she had engaged in serious harassment in violation of its Discrimination and Harassment Prevention Policy. This policy, of which Smith was aware, prohibits employees from engaging in conduct that could reasonably be interpreted as harassment based on an individual’s status, including sexual orientation, and provides that employees who violate the policy will receive “coaching and/or other discipline, up to and including termination.” Nickels has “zero tolerance” for harassment “regardless of whether such conduct rises to the level of unlawful discrimination or harassment” and treats serious harassment as gross misconduct and grounds for immediate termination.

Smith filed suit, alleging her termination for stating that gays should not marry and will go to hell—a belief that she maintains is an aspect of her Apostolic Christian faith—constitutes unlawful discrimination under Title VII. Is she correct?

If Smith posted the same information on her Facebook page but omitted references to the specific employee, would the outcome of her lawsuit for wrongful termination change?

Scenario II: Professional Torts

Medical malpractice is negligence committed by a physician or a pharmacist. Present an actual case of medical malpractice filed in your state court system or in the federal district court in your state. You must read the actual case and not an article about the case. You may find the case by first reading the article by researching the South University Online Library or a scholarly source on the Internet, but you will need to read and cite the actual case to receive credit.

Accordingly, respond to the following questions:

Summarize the facts of the case.

Provide your state’s law or regulation relating to malpractice by physicians or pharmacists.

Discuss the outcome of the case.

Explain whether you agree with the verdict. Why or why not?

Scenario III: Agency, Employment and Torts

Brenda Byars, on her way to a business meeting and in a hurry, stopped at a Radio Shack to pick up a new car charger for her smartphone. There was a long line at one of the checkout counters, but a cashier, Phyllis Richmond, opened another counter and began loading the cash drawer. Byars told Richmond that she was in a hurry and asked Richmond to work faster. Instead, Richmond slowed her pace. At this point, Byars hit Richmond.

It is not clear whether Byars hit Richmond intentionally or, in an attempt to retrieve the car charger, hit her inadvertently. In response, Richmond grabbed Byars by the hair and hit her repeatedly in the back of the head, while Byars screamed for help. Management personnel separated the two women and questioned them about the incident. Richmond was terminated immediately for violating the store’s no-fighting policy. Byars sued Radio Shack, alleging that the store was liable for the tort (assault and battery) committed by its employee.

Under what doctrine might Radio Shack be held liable for the tort committed by Richmond?

What is the key factor in determining whether Radio Shack is liable under this doctrine?

How is Radio Shack’s potential liability affected by whether Richmond’s behavior constituted an intentional tort or a tort of negligence?

Suppose that when Richmond applied for the job at Radio Shack, she disclosed in her application that she had previously been convicted of felony assault and battery. Nevertheless, Radio Shack hired Richmond as a cashier. How might this fact affect Radio Shack’s liability for Richmond’s actions?

MBA5005 Law & Ethics for Managers

Week 3 project

MBA5005 Individual Project

To make the course engaging for each student, you will select a legal topic to research in Weeks 3 and 5 of the course. Click HERE for complete instructions and a list of topics. Although you are not required to select the exact topics listed, you should select something closely related. Try to select a topic that reflects an issue that is related to a concern you have in your professional life. Consult with your instructor if you are unsure whether your topic is acceptable for the class.

Week 3 Deliverables

Introduction

Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. Use more than one paragraph, if needed. You will refine the introduction and background information when submitting the final paper in Week 5.

Literature Review

Conduct an abbreviated literature review related to the topic you selected. A literature review identifies information that is already known about a research topic. Although you will not conduct an actual research study in this class, a summary of scholarly information that has been written about your topic makes up an important component of your project.

For Week 3, locate two scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Westlaw Campus Research is a good option for finding legal information in law journals.

Laws and Regulations

Research and analyze one law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic.

Cases

This week you will find one published case (lawsuit) that is related to the topic you selected. Summarize the case in your own words and explain how it is related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the court’s decision.

Westlaw Campus Research is a great resource for finding specific state and federal cases. The following sources may also be helpful. You must read the case and not a summary of the case from a blog or other article.

FindLaw – Caselaw.findlaw.com Justia – http://law.justia.com/cases/

Public Library of Law – http://www.plol.org/Pages/Search.aspx Leagle – http://leagle.com

Open Jurist – http://openjurist.org

Formatting Instructions

Review detailed instructions for the assignment.

Write a 4 to 6 page paper about the topic.

Use APA format for the paper, including cover page and separate reference page. Review the APA materials located in the Library Research Guide.

MBA5005 Law & Ethics for Managers

Week 4 project

Instructions

Legal and Ethical Scenarios

Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.

Scenario 1—Bankruptcy

Rusty Weaver, a project manager for the Tipton Machinery, filed a petition in bankruptcy under Chapter 7, seeking to discharge $75,000 in credit-card debts and $45,000 in student loans. Weaver’s wife died and left him with two children, Paul, who attended college, and Diana, who was thirteen years old. According to Weaver, Diana was an “elite” swimmer who practiced ten to fifteen hours a week and placed between first and third at more than thirty competitive events. Diana was homeschooled with academic achievements that were average for her grade level. His petition showed monthly income of $5,325 and expenses of $5,200. The expenses included annual homeschool costs of $8,200 and annual swimming expenses of $5,000. The expenses did not include college costs for Paul, or airfare for his upcoming summer trip to Europe, and other items. The trustee allowed monthly expenses of $4,227, with nothing for swimming, and asked the court to dismiss the petition.

If Weaver qualified for Chapter 7, which debts would be discharged? Which debts would not be discharged? Why?

Using the median income from your state, does Weaver qualify for Chapter 7?

Should the court grant the trustee’s request? Does Weaver have other options if the Chapter 7 petition is dismissed?

Explain your answers and support them with relevant scholarly sources.

Scenario II – Organizations and Liability

Vance Armstrong was the sole incorporator of Triathlon Training Inc., a corporation designed to operate a training center for triathletes of all ages. The business was incorporated according to Florida law in January 2015, with Armstrong as the sole director and shareholder. Armstrong contributed $20,000 of starting capital, which was just enough to make minor repairs to the property he purchased for $400,000 with a loan from the bank. The corporation had no liability insurance. On June 15, 2015, the center opened for business. Over the next few months, the corporation operated with a profit.

In July, Armstrong took a two-week vacation in France and used a check written on the company bank account to purchase his airline ticket. In September, Armstrong decided to have the pool resurfaced. Because business had slowed and the corporation’s bank account did not have sufficient funds, Armstrong wrote a personal check to cover the work. Armstrong feared he would not make enough money through the winter to turn a profit, so he decided to work a part-time job selling fitness equipment as an independent contractor for Bowflex. Armstrong used the training center’s office phone to make calls, the copy machine for copies, and the computer for searches. He made a substantial profit, which was maintained in a third bank account not associated with Triathlon Training or his personal account.

On April 1, 2016, a child with a mild learning disability drowned in the pool while training for the local children’s triathlon. The parents brought a suit for wrongful death against Triathlon Training Inc. and against Armstrong in his individual capacity as owner. At the time of the suit, the corporation had less than $2,500 in its bank account. Because of these limited funds, the child’s parents hoped to recover most of their damages directly from Armstrong, who lived in a mansion on the beach.

Will the parents be successful in holding Triathlon Training Inc. liable for the child’s death?

What should the parents argue in order to hold Vance Armstrong liable in his individual capacity? Will the parents prevail? Why or why not?

How could Armstrong have protected himself against this type of potential liability?

Scenario III—Insider Trading

During a session with her doctor, Billy Mooney, Maggie Mason mentioned in confidence the imminent merger of Walgreens with Rite-Aid. Mason’s ex-husband, Gus Mason, was on the board of directors at Walgreens. Mooney communicated the information to a securities broker, Olive Green, who immediately made trades in Walgreen’s securities for her own account and for her customers’ accounts.

Did Mooney, Maggie Mason, Gus Mason, or Olive Green engage in illegal insider trading? Explain the potential culpability of each party. Include possible civil or criminal penalties for each party.

Was the conduct of the parties ethical?

MBA5005 Law & Ethics for Managers

Week 5 project

MBA5005 Individual Project

Week 5 Deliverables

This week, you will revise the first part of the paper according to your instructor’s comments. You will add additional articles, laws, cases and summary as outlined below. You will then combine all information and submit the final paper using the instructions provided.

Revisions

Revise the paper submitted in Week 3.

Literature Review

For Week 5, locate two additional scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Westlaw Campus Research is a good option for finding legal information in law journals. When you combine this section with Week 3, you will have a total of at least four articles.

Laws and Regulations

Research and analyze one additional law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic. When you combine this section with Week 3, you will have a minimum of two laws or regulations. Depending on the topic, you may compare the laws of two states For example, if you are writing about gender discrimination, compare the federal law with law from one of the states that also provides protection at the state level. States often provide more protection than the federal law.

Cases

Research at least two additional published cases (lawsuits) related to the topic you selected. Summarize the cases in your own words and explain how they are related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the court’s decision. Combine the case from Week 3 with this section for a total of three cases.

Summary/Conclusion

As an ending to your paper, summarize what you have learned. Assess and communicate what you believe the future holds as it relates to your topic.

If applicable, discuss how you might apply what your learned to your personal or professional life.

Add the parts from Week 3 and submit your final paper in accordance with the formatting instructions provided.

Formatting Instructions

Submit a 10 to 14-page paper about the topic selected.

The paper should consist of a cover page, short introduction, explanation of the legal issue, literature review, analysis of related laws or regulations, reviews of cases, summary of information learned and application to your professional life, and a separate reference page.

Use APA format for the paper. Review the APA materials located in the Library Research Guide.

MBA5005 Law & Ethics for Managers

Week 1 Knowledge Check

Question 1

Ethics and law are unrelated

Question 1 options:

True

False

Question 2

Sherry files a lawsuit against Steve. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who imposes a resolution on the par­ties. This method of alternative dispute resolution is

Question 2 options:

A)

arbitration.

B)

mediation.

C)

negotiation.

D)

not a legitimate form of dispute resolution.

Question 3

The Bill of Rights protects individuals, but not business entities, against various types of interfer­ence by the government.

Question 3 options:

True

False

Question 4

Administrative agencies provide alternatives to courts for the resolution of disputes.

Question 4 options:

True

False

Question 5

If a company violates a law enforced by the Food & Drug Administration (FDA), the corporation might be subject to all of the following except:

Question 5 options:

A)

Prison sentence

B)

Financial penalties

C)

Loss of licenses

D)

Damage to reputation

MBA5005 Law & Ethics for Managers

Week 2 Knowledge Check

Question1

Criminal charges are prosecuted by the party that was wronged.

Question 1 options:

True

False

Question 2

Product liability encompasses all of the tort theories except:

Question 2 options:

A)

Negligence

B)

False Imprisonment

C)

Strict liability

D)

Breach of warranty

Question 3

Whistleblower statutes prohibit retaliation against employees who complain to governmental agencies about the working conditions that may violate the law.

Question 3 options:

True

False

Question 4

An independent contractor is also considered an employee of the person for whom work is being done.

Question 4 options:

True

False

Question 5

Even if an individual is an at-will employee, in most states the employer is prohibited from discharging the employee for a reason that violates public policy.

Question 5 options:

True

False

MBA5005 Law & Ethics for Managers

Week 3 Knowledge Check

Question 1

Which one of the following is not one of the elements required for a contract?

Question 1 options:

A)

Agreement

B)

Consideration

C)

Capacity

D)

Lawyer

E)

All of the above are required.

Question 2

Article 2 of the UCC does not cover services, real estate, or gifts.

Question 2 options:

True

False

Question 3

A legal right granted to the creator of an invention for the sole right to make, use or sell an invention for a specified period is known as a

Question 3 options:

A)

Copyright

B)

Trademark

C)

Trade Name

D)

Patent

Question 4

The __________ protects consumers from unfair and deceptive trade practices, including deceptive advertising and certain telemarketing activities.

Question 4 options:

A)

FCC

B)

FDA

C)

FTC

D)

None of the above

Question 5

This shirt consists of 50% cotton and 50% polyester is an example of:

Question 5 options:

A)

Express warranty

B)

Implied warranty of merchantability\

C)

Implied warranty of fitness for a particular purpose

D)

Puffery

MBA5005 Law & Ethics for Managers

Week 4 Knowledge Check

Question 1 (1 point) Question 1 Unsaved

A _________ is designed for professional service firms such as accountants. This form of business provides limits on personal liability of the partners and allows “pass through” tax advantages.

Question 1 options:

A) Partnership

B) Limited liability partnership

C) Limited liability company

D) Corporation

Question 2

The business judgment rule means management will not be immune from liability for corporate actions even if the acts were made in good faith and with due care.

Question 2 options:

True

False

Question 3

The Securities Act of 1994 and the Securities Act of 2001 are designed to protect investors from deceptive, unfair, and manipulative practices when buying or selling securities.

Question 3 options:

True

False

Question 4

Chapter 13 bankruptcy is available to?

Question 4 options:

A) Individuals

B) Corporations

C) Partnerships

D) All of the above

Question 5

Which chapter in bankruptcy requires debtors to sell their assets to satisfy the debts owed?

Question 5 options:

A) 7

B) 11

C) 12

D) 13

MBA5005 Law & Ethics for Managers

Week 5 Knowledge Check

Question 1

Federal law has exclusive rights to enact and enforce environmental laws.

Question 1 options:

True

False

Question 2

If a corporation is found to have violated environmental laws the penalties will involve payments of fines but no imprisonment for managers or executives.

Question 2 options:

True

False

Question 3

If the government takes land under eminent domain, the land must be taken for public use such as a new highway or public park.

Question 3 options:

True

False

Question 4

Which of the following is not a type of ownership in real property?

Question 4 options:

A)

Tenancy in common

B)

Joint tenancy

C)

Community property

D)

Sole proprietorship

Question 5

Parties involved in international contracts must consider choice of laws when drafting contracts because the laws vary from country-to-country.

Question 5 options:

True

False