Category: Business Law

Jury 1 L – N (first letter of last name) DUE at 11pm
22 unread replies.22 replies.
Chick’s and ADR
Chick’s Restaurant used an alternative dispute resolution program. Employees of Chick’s had to sign an “agreement to arbitrate employment-related disputes” to be eligible for raises, transfers, and promotions. Under the agreement, both Chick’s and the employee agreed to resolve all disputes arising out of employment, including “any claim of discrimination, sexual harassment, retaliation, or wrongful discharge, whether arising under federal or state law,” through arbitration.
In a separate policy document not shared with employees until after they had signed the agreement, Chick’s set forth the rules and procedures of its arbitration program:
The employee had to provide notice of the specifics of the claim, but Chick’s did not need to file any type of response to these specifics or notify the employee of what kinds of defenses the company planned to raise.
Only the employee had to provide a list of all facts or witnesses and a brief summary of the facts known to each.
While the employee and Chick’s could each choose an arbitrator from a list, and the two arbitrators chosen would then select a third to create the arbitration panel that would hear the dispute, Chick’s alone selected the arbitrators that were put on the list.
Only Chick’s had the right to widen the scope of arbitration to include award any matter, whereas the employee was limited to the matters raised in his or her notice.
Only Chick’s had the right to record the arbitration.
Only Chick’s could cancel the agreement to arbitrate or change the arbitration rules.
Barbie had worked as a bartender at the Chick’s restaurant for about five years before Chick’s adopted its arbitration policy. Barbie was given a copy of the agreement to arbitrate to review for five days and then sign. Approximately two years later, a Chick’s official grabbed and slapped her buttocks. After appealing to her manager for help and being told to “let it go,” she quit her job. When she threatened to file a lawsuit for sexual harassment, Chick’s filed an action in federal district court to compel arbitration of Barbie’s claims.
Should Barbie be forced to settle her claim through arbitration? Why?
Assume your company’s arbitration policy was exactly like Chick’s’. Name one aspect would you retain, and which one might you change? Why? Be specific.
In October, 2019, California companies can no longer require employees to sign an agreement forcing harassment, discrimination and wage claims into arbitration as a condition of employment instead of being able to sue.
California’s legislation was careful not to conflict with the Federal Arbitration Act and U.S. Supreme Court case law that allows companies to enforce mandatory arbitration agreements. The new state law says it’s illegal to require mandatory arbitration as a condition for employment, but doesn’t invalidate existing agreements. It also protects employees from retaliation and allows them to go to the state Labor Commissioner’s Office.

Jury 1 T – Z (first letter of last name) DUE at 11pm
22 unread replies.22 replies.
The Case of the Customer Who Died to Soon

Facts:
On October 26, a Topaz Country Life Insurance agent went to the house of Cynthia and Stan Williams. He persuaded the Williams to buy a life insurance policy and accepted a check for $1,600. On his way out the door, he gave the Williams a “conditional receipt for medical policy,” dated that day. The form stated that the Williams would have a valid life insurance policy with Topaz Country Life, effective October 26, but only when all conditions were met. The most important of these conditions was that the Topaz Country Life home office accept the Williams as medical risks after the company scheduled a medical examination. The Williams were pleased with the new policy and glad that it was effective that same day.
Stan died in a car accident three weeks later. Topaz Country Life declined the Williams as medical risks and refused to issue a policy. Cynthia Williams sued. Topaz Country Life pointed out that medical approval was a condition to being covered. In other words, the company argued that the policy would be effective as of October 26, but only if it later decided to make the policy effective. It had not made that decision as of the date of Stan’s death.
At Trial
Plaintiff argued that the policy was a scam. The so called “conditional receipt for medical policy” is designed to trick customers and then steal their money. The company leads people to believe they are covered as of the day they write the check. But they aren’t covered until much later, when the insurer gets around to deciding the applicant’s medical status.
The company gets the customer’s money right away and gives nothing in exchange. If the company, after taking its time, decides the applicant is not medically fit, it returns the money, having used it for weeks or even months to earn interest. If, on the other hand, the insurance company decides the applicant is a good bet, it then issues the policy effective for weeks or months in the past, when coverage is of no use. No one can die retroactively. The company is being paid for a period during which it had no risk.
Defendant, Topaz Country Life, argued that it would be impracticable for Topaz Country Life to issue life insurance policies without doing a medical check. That is the road to bankruptcy and would mean that no one could obtain this valuable coverage. They further argued that they do a medical inquiry as quickly as possible as it is in their interest to get the policy decided one way or the other.
The policy clearly stated that coverage was effective only when approved by the home office, after all inquiries were made. The Williams knew that as well as the agent. If they were covered immediately, why would the company do a medical check?
Questions:
Does the clause making the policy effective only after a medical examination violate public policy? Explain
What other basis for a lawsuit might Cynthia have against the insurance company? Explain
Based on your answers to Nos. 1 and 2 who will win this case and why?
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Jury 1 – O – S (first letter of last name) DUE at 11pm
22 unread replies.22 replies.
You’re on the Jury : The Case of the Politically Incorrect Sign
Disturbed by the number and variety of signs that individuals were putting up within its borders, a City passed an ordinance prohibiting all signs on private property except in commercial areas for advertising. Sam, a homeowner, pasted a sign on the front door of his house containing an American flag with these words underneath the flag: “Down with the Mayor and the City Council – Our rights are being violated”. He then went door to door in his neighborhood passing out copies of this sign and asking his neighbors to display it as well. Sam was arrested for violating the ordinance.
The Trial
During the trial, a witness for the City described how many signs had appeared in the past on homes and on lawns for commercial home businesses, ruining the appearance of the community. He explained that many other cities and towns had experienced the same problems and that the ordinance was reasonable and the only way to solve the problem. The restriction, he said, was content neutral as it was addressing a societal problem. Sam testified that the sign he had put up was a small one and that other City residents had raised flags on national holidays and put up signs showing their patriotism. None of these residents had been arrested.
The Arguments at Trial
The City’s attorney argued that a city had the authority to regulate signs within its borders to protect the appearance and value of properties. She further argued that the ordinance did not unduly restrict free speech as there were other ways for residents to express their views: radio, television, and the newspapers. Sam’s attorney argued that the regulation violated the freedom of speech provisions of the federal constitution, was too broad, too vague, and was unreasonable. He argued that the City could have limited the ordinance by restricting signs over a certain size and in certain locations. He further argued that it was unreasonable to restrict the expression of opinions except for the use of the media.
Discussion Questions to be Answered
Who has the stronger arguments, the City or Sam? Why?
What are the laws here that are being applied and is their application proper?
If you were the on the jury hearing this case, for whom would you decide? Why?

Jury 1 Aa – Az (first letter of last name) DUE at 11pm
99 unread replies.99 replies.
Case of Global Ethics vs. Global Economy
This is a case that will be tried in the court of Public Opinion.
Topanga Shoe Company, a United States corporation, buys clothing assembled by Corkie, LTD., a foreign company that employs children under 12 years of age. These children work nine hour days and for low pay. Corkie’s nation does not enforce its child labor laws limiting workdays to seven hours for children under 12. Many times the children’s income is needed by the family for basic necessities. Topanga and Corkie are aware of this.
Humanitarian International Politics (HIP), an international political activist organization, discovered Topanga’s connection to Corkie, LTD. HIP plans to reveal this information to the press and on social media. Topanga hears about this proposed action by HIP. Before HIP can act, Topanga terminates its relationship with Corkie. Topanga then publicizes this action in its advertising. The company’s sales and profits increase, apparently as a direct result.
Has Topanga acted unethically in any way(s)? Explain using one of the ethical philosophies from the readings and facts from the scenario.
From an ethical perspective, is Topanga’s conduct in terminating its relationship with Corkie more important than whatever its motive might be? Why or why not?

🚩 Please follow the following instructions. Make it in ESL language, please and in simple English.
Please select two of the following questions and compose an essay of at least 1200 words for each question. Please compose a essay. Outlines or bullet points, however detailed, will not be accepted. An essay of less than 1200 words will not be accepted.
You may organize and present your answer in whatever fashion you believe would be most effective. You do not have to present your answer to mirror the question. Just say what needs to be said. We will discuss the questions in class, and I will be pleased to help in any way that I can before the exam is due. Just contact me and I will try to help
1. Contract law is obviously a basic component of the law regulating the conduct of business. What are the required elements of a valid contract? What purposes are served by these requirements? How are breaches of contract treated by the law?
Select some relevant examples and illustrate some of the ways in which contract law regulates property relationships and business organizations.
2. Tort law constitutes a basic component of the law regulating business. Explain the legal grounds for tort liability. What kinds of behavior create tort liability? How is tort liability ascertained and processed by courts? What purposes are served by defining these categories of liability? Select some relevant examples and illustrate some of the ways in which tort law regulates property relationships and business organizations.
3. Individuals own real property according to various legal classifications or categories.
We distinguish between possessory and non-possessory interests. Please describe the various categories of possessory and non-possessory interests. How are they similar?
How are they different? How are they related to each other? Explain possessory and non-possessory interests.
4. Real property can be transferred in a variety of ways. These include:
contract of sale deeds
secured transactions adverse possession
public and private controls decedents’ estates
Discuss these methods of transferring property. What are their features? How are they similar? How are they different?

INSTRUCTIONS
Action ItemsParty A graduated from business school and has learned the details about running a successful business. He is ready to utilize his education and does not want to work for anyone. Party A had decided to sell the fifty thousand rulers that his Uncle gave him. He knows that he will have to purchase additional supplies.You are his business advisor, and he wants to know how he can raise the money to finance his business and if he should take out a loan. Discuss the two main ways that corporations are financed? Submission InstructionsComplete and submit this assignment per your professor’s instructions.
Grading Criteria0 – 5 points

🚩 Please follow the following instructions. Make it in ESL language, please.
Please select two of the following questions and compose an essay of at least 1200 words for each question. Please compose a essay. Outlines or bullet points, however detailed, will not be accepted. An essay of less than 1200 words will not be accepted.
You may organize and present your answer in whatever fashion you believe would be most effective. You do not have to present your answer to mirror the question. Just say what needs to be said. We will discuss the questions in class, and I will be pleased to help in any way that I can before the exam is due. Just contact me and I will try to help.
1. Discuss the law of intellectual property. What are the major categories of the law?
How do they operate to protect intellectual property? Are there significant problems with this category of the law that you can identify?
2. Two of the basic forms or structures by which businesses are organized are the partnership and the corporation. Both may share some similarities, but the differences have been our focus. Select what you consider to be the most important criteria of comparison and compare and contrast these two forms of organizations. In addition, please comment on the advantages and disadvantages of each form. Are there any significant reforms that you believe should be made in the law concerning these two forms?
3. Contract law is obviously a basic component of the law regulating the conduct of business. What are the required elements of a valid contract? What purposes are served by these requirements? How are breaches of contract treated by the law?
Select some relevant examples and illustrate some of the ways in which contract law regulates property relationships and business organizations.
4. Tort law constitutes a basic component of the law regulating business. Explain the legal grounds for tort liability. What kinds of behavior create tort liability? How is tort liability ascertained and processed by courts? What purposes are served by defining these categories of liability? Select some relevant examples and illustrate some of the ways in which tort law regulates property relationships and business organizations.
5. Individuals own real property according to various legal classifications or categories.
We distinguish between possessory and non-possessory interests. Please describe the various categories of possessory and non-possessory interests. How are they similar?
How are they different? How are they related to each other? Explain possessory and non-possessory interests.
6. Real property can be transferred in a variety of ways. These include:
contract of sale deeds
secured transactions adverse possession
public and private controls decedents’ estates
Discuss these methods of transferring property. What are their features? How are they similar? How are they different?

Hi Class,
Recently, the US Supreme Court issued its decision in the case of 303 Creative LLC v. Elenis. By a 6-3 vote, the Court has created a carve out to public state accommodation laws that bar discrimination based on sexual orientation. The Court ruled that a proclaimed Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples. The Court created this exception on the basis of 1st Amendment free speech. Summaries of this Court decision (including the full Court opinion) can be found in the links below.
For a possible (3) points extra credit, please answer the following questions:
1. What potential ramifications does this decision have on businesses? Does this open the door for private businesses to legally discriminate against other protected classes of people?
2. Based on this decision, can the tables be turned – can a private business such as a lawyer refuse to represent a client based on their political orientation? For example, if a lawyer finds individuals who identify as MAGA to be adverse to their personal beliefs, and as their work involves the business of speech, can the lawyer expressly decline cases purely on the basis of political affiliation?
3. Does your answer in question #2 change if the facts are revised such that the lawyer refuses to represent any clients whose religious beliefs differ from those of the lawyer?
https://www.npr.org/2023/06/30/1182121291/colorado-supreme-court-same-sex-marriage-decision#:~:text=By%20a%206%2Dto%2D3,creating%20a%20message%20she%20opposesLinks to an external site..
https://apnews.com/article/supreme-court-gay-rights-website-designer-aa529361bc939c837ec2ece216b296d5Links to an external site.

Hi Class,
Recently, the US Supreme Court issued its decision in the case of 303 Creative LLC v. Elenis. By a 6-3 vote, the Court has created a carve out to public state accommodation laws that bar discrimination based on sexual orientation. The Court ruled that a proclaimed Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples. The Court created this exception on the basis of 1st Amendment free speech. Summaries of this Court decision (including the full Court opinion) can be found in the links below.
For a possible (3) points extra credit, please answer the following questions:
1. What potential ramifications does this decision have on businesses? Does this open the door for private businesses to legally discriminate against other protected classes of people?
2. Based on this decision, can the tables be turned – can a private business such as a lawyer refuse to represent a client based on their political orientation? For example, if a lawyer finds individuals who identify as MAGA to be adverse to their personal beliefs, and as their work involves the business of speech, can the lawyer expressly decline cases purely on the basis of political affiliation?
3. Does your answer in question #2 change if the facts are revised such that the lawyer refuses to represent any clients whose religious beliefs differ from those of the lawyer?
https://www.npr.org/2023/06/30/1182121291/colorado-supreme-court-same-sex-marriage-decision#:~:text=By%20a%206%2Dto%2D3,creating%20a%20message%20she%20opposesLinks to an external site..
https://apnews.com/article/supreme-court-gay-rights-website-designer-aa529361bc939c837ec2ece216b296d5Links to an external site.

EXPLORING AESTHETICS AND VISUAL ELEMENTS IN BTS’S MUSIC VIDEOS: IMPACT ON THE PERCEPTION AND INTERPRETATION OF CONTEMPORARY MUSIC CULTURE. Thesis