LAW531 Week 5 Learning Team Assignment Week 5 IRAC Brief

The week's assignment concerns briefing a case from the readings. You can pick any case from the readings. You must pick an actual court case and give the citation. The brief should concern a legal case that is relevant to the following Week 5, Agency, Employment and Labor Law, objectives.

 

Brief the case. Use the IRAC methodology. Discuss the:

 

• I: Issue
• R: Rule
• A: Analysis
• C: Conclusion

 The brief is followed by discussion of whether your team agrees or disagrees with the court opinion.

 The paper is a minimum 1000 words in length

"Waldo's working environment at Consumers was filled with discriminatory intimidation, ridicule, and insult that was sufficient to create a hostile work environment."

—Moore, Circuit Judge

Facts

Theresa Waldo was employed by Consumers Energy Company of Michigan as an electrical line worker, a position that involved working in rural areas with electric lines containing high-voltage current attached to tall steel towers. She was the first woman employed by the company for this position. From the beginning of her employment, she was routinely subjected to sexual harassment. Waldo's male coworkers refused to work with her because she was female, making it clear that women were not welcome at the job. The crew members would not let her use the company truck to drive to find bathrooms to use. Her male coworkers urinated outdoors, and they told her, "You want to work in a man's world, pee like a guy." Waldo's coworkers locked her in a port-a-potty by taping the doors shut. Her coworkers displayed sexually explicit calendars, playing cards, and magazines in the trucks and at her places of work. They threw her purse out the window of a moving truck, excluded her from lunch trips, ostracized and ignored her at job sites, and at times refused to speak to her or work with her. Waldo was repeatedly called derogatory and demeaning names, such as "bitch," "wench," and other gender-specific demeaning language. Waldo reported these instances to her supervisor and to the human resources (HR) department of the company, but the company did not investigate or curb such abuses. Waldo sued Consumers in U.S. district court for sexual harassment in violation of Title VII. The jury rendered a verdict in favor of Waldo, awarding her $400,000 in compensatory damages and $7,500,000 in punitive damages, which the court reduced to $300,000 based on caps on damages established by federal law. The court also awarded $684,000 in attorney's fees and $38,000 for costs and fees. Consumers appealed.

Issue

Is Consumers liable for sexual harassment?

Language of the Court

Based on the totality of evidence presented to the jury, the district court did not abuse its discretion in finding that the clear weight of the evidence demonstrated that Waldo's working environment at Consumers was filled with discriminatory intimidation, ridicule, and insult that was sufficient to create a hostile work environment. Additionally, it was not an abuse of discretion to find that the clear weight of the evidence demonstrated that Consumers' response to the complaints of harassment was inadequate.

Decision

The U.S. court of appeals affirmed the U.S. district court's finding of sexual harassment and the award of damages, attorney's fee, and costs.

 

 

LAW531 Week 4 Report discussing legal concepts from Brief

Using the same case your team briefed this week, discuss how the legal concepts in the selected case can be applied within a business managerial setting. Give an example from real life experiences or current events. Explain how the rule discussed in the case have impacted the industry in past and what you see for the future. Discuss the positive and negative effect the case law has made on the industry.

 The paper is a minimum 1000 words in length

 

Case: Ethics Coca-Cola Employee Tries to Sell Trade Secrets to Pepsi-Cola

LAW531- Week 4 Learning Team Assignment Week 4 IRAC Brief

The week's assignment concerns briefing a case from the readings. You can pick any case from the readings. You must pick an actual court case and give the citation. The brief should concern a legal case that is relevant to the following Week 4, Contracts and Property Law, objectives.

 

Brief the case. Use the IRAC methodology. Discuss the:

 

• I: Issue
• R: Rule
• A: Analysis
• C: Conclusion

 

 

The brief is followed by discussion of whether your team agrees or disagrees with the court opinion.

 

The paper is a minimum 1000 words in length

 

Ethics Coca-Cola Employee Tries to Sell Trade Secrets to Pepsi-Cola

"What if you knew the markets Coca-Cola was going to move into and out of and beat them to the punch."

—Letter to PepsiCo

PepsiCo received a letter sent to the company by an employee of Coca-Cola Company that offered to sell PepsiCo trade secrets of Coca-Cola. The letter stated, "What if you knew the markets Coca-Cola was going to move into and out of and beat them to the punch." The letter proposed selling trade secrets regarding a proposed Coke product code-named Project Lancelot for $1.5 million.

PepsiCo notified Coca-Cola officials and federal authorities. The Federal Bureau of Investigation (FBI) initiated an investigation into the matter. The federal government brought criminal charges against Coca-Cola secretary Joya Williams. During trial, prosecutors produced the letter as well as a video-recording of Williams putting confidential documents and samples of Coke products that were still in development into her bag.

Williams was convicted by a federal jury of conspiring to steal Coca-Cola trade secrets and attempting to sell them to archrival PepsiCo. The trial court judge sentenced Williams to 8 years in jail. The U.S. court of appeals upheld the decision. Two other co-conspirators were arrested and pled guilty. United States v. Williams, 526 F.3d 1312, 2008 U.S. App. Lexis 6073 (United States Court of Appeals for the Eleventh Circuit, 2008)

 

 

 

 

 

LAW531 Week 3 Learning Team Assignment Week 3 IRAC Brief

The week's assignment concerns briefing a case from the readings. You can pick any case from the readings. You must pick an actual court case and give the citation. The brief should concern a legal case that is relevant to the following Week 3, Torts and Criminal Law, objectives.

 Brief the case. Use the IRAC methodology. Discuss the:

 

• I: Issue
• R: Rule
• A: Analysis
• C: Conclusion

 The brief is followed by discussion of whether your team agrees or disagrees with the court opinion.

 The paper is a minimum 1000 words in length

Ethics Ouch! McDonald's Coffee Is Too Hot!

McDonald's Corporation found itself embroiled in one of the most famous negligence cases of modern times. Stella Liebeck, a 79-year-old resident of Albuquerque, New Mexico, visited a drive-through window of a McDonald's restaurant with her grandson Chris. Her grandson, the driver of the vehicle, placed the order for breakfast. When breakfast came at the drive-through window, Chris handed a hot cup of coffee to Stella. Chris pulled over so that Stella could put cream and sugar in her coffee. Stella took the lid off the coffee cup she held in her lap and the hot coffee spilled in her lap. The coffee spilled all over Stella, who suffered third-degree burns on her legs, thighs, groin, and buttocks. Stella was driven to the emergency room and was hospitalized for seven days. She required medical treatment and later returned to the hospital to have skin grafts. She suffered permanent scars from the incident.

Stella's medical costs were $11,000. Stella asked McDonald's to pay her $20,000 to settle the case, but McDonald's offered only $800. Stella refused this settlement and sued McDonald's in court for negligence for selling coffee that was too hot and for failing to warn her of the danger of the hot coffee it served. At trial, McDonald's denied that it had been negligent and asserted that Stella's own negligence—opening a hot coffee cup on her lap—had caused her injuries. The jury heard the following evidence:

·         McDonald's enforces a quality-control rule that requires its restaurants and franchises to serve coffee at 180 to 190 degrees Fahrenheit.

·         Third-degree burns occur on skin in just two to five seconds when coffee is served at 185 degrees.

·         McDonald's coffee temperature was 20 degrees hotter than coffee served by competing restaurant chains.

·         McDonald's coffee temperature was approximately 40 to 50 degrees hotter than normal house-brewed coffee.

·         McDonald's had received more than 700 prior complaints of people who had been scalded by McDonald's coffee.

·         McDonald's did not place a warning on its coffee cups to alert patrons that the coffee it served was exceptionally hot.

Based on this evidence, the jury concluded that McDonald's acted recklessly and awarded Stella $200,000 in compensatory damages, which was then reduced by $40,000 because of her own negligence, and $2.7 million in punitive damages. The trial court judge reduced the amount of punitive damages to $480,000, which was three times the amount of compensatory damages. McDonald's now places a warning on its coffee cups that its coffee is hot. Liebeck v. McDonald's Restaurants, P.T.S., Inc. (New Mexico District Court, Bernalillo County, New Mexico, 1994)

 

LAW531 Week 2 Week 2 Individual Report on Business Forms

Resources: Legal Environment of Business: Online Commerce, Business Ethics, and Global Issues:  Ch. 14, 15, 16 and 17; Week 2 Electronic Reserve Readings; Legal Source database located in the Week 2 Electronic Reserve Readings

Scenario: You are sole proprietor presenting to a group of investors where you are seeking 20 million dollars to raise capital for your manufacturing company.

Prepare a memo discussing the following to investors:

Choose the one form of organization best suited for your manufacturing company and explain why:

• Partnership
• Limited Liability Partnership
• Limited Liability Company (including single member LLC)
• S Corporation
• Franchise
• Corporation

Explain for the investors which form of organization (from the list above) would be the least suited and why?

(The legal form an entity or individual takes is a decision that must be considered from a risk and liability perspective, not simply one of ease of formation or cost. Form can impact the entities ability to grow and, in some circumstances, its ability to survive. As you consider this reality and approach this assignment, consider not only the form the business takes but also the way it will be governed. Remember the law requires business leaders conduct their business ethically and within the boundaries of the law.)   

Summarize for investors what legal liabilities could arise for the Director or officer of that board?
Explain how you could minimize those liabilities for the Director or officer of that board.

A minimum word count of 1000 words is needed.

 

 

 

LAW531 Week 1 ADR Clause

Create an ADR clause may be used in any Learning Team throughout the program

The clause should include at least one type of ADR to be used in Learning Teams to resolve disputes.

 The clause will identifies possible learning team disputes that are subject to ADR and should include all provisions necessary to enable ADR to occur.

 Word count - A minimum word count of 500 words

LAW531 Final Exam (2019) SCORE 100 PERCENT

Question 1
Which of the following applies to trade restraints that are inherently anticompetitive?
The rule of reason
The pro rata rule
The per se rule
The rule of four

Question 2
When one party acquires a license to use another party's business model and intellectual property in the distribution of goods and services, the arrangement is a __________.

    limited liability partnership
    franchise
    joint venture
    Kickback

Question 3
Which of the following is prohibited by the Food, Drug, and Cosmetic Act (FDCA) with regard to food?

    The sale of adulterated food
    Labeling of genetically engineered food products
    The sale of non-organic food products
    Labeling of raw seafood products

Question 4
The obligation owed by individuals to one another not to cause any unreasonable harm or any risk of harm is called:

    duty of restoration.
    duty of care
    duty of loyalty.
    duty of restitution.

Question 5
When can an arbitrator's decision and award be appealed to the courts?

    While drafting a submission agreement
    When an arbitration is binding
    While entering a negotiation
    When an arbitration is nonbinding

Question 6
Which of the following is an advantage of franchising?

    It enables two businesses to pool their resources to pursue a common goal.
    It allows a business to consist of only general partners.
    It allows businesses to reach profitable new markets.
    It grants free access to the intellectual property of a business to anyone in the same market.

Question 7
Workers' compensation is defined as the:

    system that provides retirement and death benefits to covered employees and their dependents.
    insurance obtained by employees from private insurance companies and government-sponsored programs.
    remuneration awarded to employees and their families when the employees are injured on the job.
    set of programs mandated by the government to ensure safety in places of work.

Question 8
Corporate officers are elected by a corporation's __________.

    owners
    board of directors
    common stockholders
    preferred stockholders

Question 9
Which of the following is a difference between embezzlement and larceny?

    Embezzlement is the snatching of personal property from a person's home, whereas larceny is the snatching of personal property from a person on the street.
    Embezzlement is an unintentional tort, whereas larceny is a nonintent crime.
    Embezzlement is the stealing of property by a person to whom the property was entrusted, whereas larceny is the stealing of property by a person not entrusted with it.
    Embezzlement is usually punishable by the payment of monetary damages, whereas larceny is usually punishable by the death penalty.

Question 10
Which of the following is a criticism of the ethical fundamentalism theory?

    It does not allow people to decide for themselves what is right and what is wrong.
    It is impossible in the real world to expect that everyone in society will obey moral rules.
    It does not reach an agreement on what the universal rules should be.
    It is impossible to measure the "good" that may result from different actions.

Question 11
The manifestation of the substance of a contract by two or more individuals is called __________.

    consideration
    an offer
    acceptance
    an agreement

Question 12
Which of the following is a remedy that requires the breaching party to perform the acts promised in a contract?

    Specific performance
    Binding arbitration
    Punitive damages
    Special damages

Question 13
Laws that prohibit discrimination based on race, gender, or religion in the workplace primarily serve the function of:

    advocating social justice.
    providing a basis for compromise.
    creating a new status quo.
    minimizing the freedom of employees.

Question 14
Which of the following is a difference between arbitration and mediation?

    Arbitration is an informal method of dispute resolution, whereas mediation is a formal method of dispute resolution.
    The decision of an arbitrator is nonbinding, whereas the decision of a mediator is binding.
    The role of an arbitrator is merely to assist parties in reaching a settlement, whereas the role of a mediator is similar to the role of a trial judge.
    An arbitrator is authorized to issue an award, whereas a mediator can only assist in reaching a settlement.

Question 15
Which of the following is a requirement for obtaining a patent for an invention?

    The invention needs to be made of highly valuable components.
    The invention must be in the form of a service.
    The invention must be original.
    The invention needs to be recognizable to the general public.

Question 16
An agency that appears to be created by a principal but does not exist in reality is called a(n) __________.

    apparent agency
    implied agency
    agency by ratification
    fully disclosed agency

Question 17
Laws that protect governments from being overthrown primarily serve the function of:

    advocating social justice
    providing bases for compromise.
    maintaining the status quo.
    minimizing individual freedom.

Question 18
Ken owns a small convenience store in a street corner in California. One afternoon, a teenage boy enters his store, looks around, and prepares to walk out without buying anything. Ken is wary of the boy because of the boy's shabby clothing. He stops and asks the boy to empty his pockets and then questions him for about five minutes. After finding that the boy does not have anything from the store on him, Ken reluctantly lets him go. Which of the following is a merchant protection statute that Ken has violated?

    Reasonable grounds for suspicion
    Reasonable duration of detention
    Adverse possession
    Adequate assurance of performance

Question 19
Corporate officers are best described as:

    directors elected by a corporation's shareholders.
    partners pursuing a joint venture transaction
    owners of a corporation with limited liability for its debts and obligations.
    employees appointed to manage the daily operations of a corporation.

Question 20
Which of the following scenarios is an example of law and ethics contradicting each other?

    A florist in the United States employs an illegal immigrant to help the immigrant and her family overcome their financial difficulties.
    A large apparel retailer copies the trademarked garment designs of a well-known fashion designer.
    A restaurateur, whose restaurant is violating labor laws, bribes a federal official to prevent him from reporting the violations.
    An iron-ore manufacturing company provides its employees with high-quality safety equipment.

Question 21
Robert orders coffee while having breakfast in a diner. He suffers third-degree burn injuries when the coffee accidently spills on him. He presses charges against the diner for failing to notify him that the coffee was exceptionally hot. In this scenario, the diner is guilty of a(n) __________.

    unintentional tort
    intent crime
    intentional tort

Question 22
Which of the following best describes the term warranty?

    It refers to the transfer of possession of stolen property to a person who had bought the property without the knowledge that it has been stolen.
    It is a purchaser's title to goods obtained by the impersonation of another person.
    It refers to the terms in a sales contract stipulating the party that will bear the risk of loss of goods during shipment.
    It is the seller's assurance to a buyer that the goods sold meet certain standards of quality.
    nonintent crime

Question 23
Which of the following is a characteristic of torts?

    They are punishable by the death penalty.
    They are usually not tried by the jury.
    They are brought to court by a plaintiff.
    They are tried by criminal procedure.

Question 24
A group boycott occurs when:

    competitors at one level of distribution collectively refuse to deal with others at a different level of distribution.
    parties enter into a trade agreement that has greater anticompetitive effects than procompetitive effects.
    parties at different levels of distribution enter into an agreement to adhere to a schedule that will stabilize prices.
    competitors agree that they will distribute their goods to only a particular portion of the market.

Question 25
A goal of the Sarbanes-Oxley Act of 2002 is to:

    control and closely monitor the financial accounts of all corporations in the United States.
        allow directors and executive officers of public companies to be given personal loans from the companies.

end conflicts of interest, establishing better corporate governance.

enable smooth settlement of alleged fraud among major corporations.

Question 26
Helen buys a toy railway set for her 3-year-old son, Ben. The product's cover mentions that the toy is suitable for children only aged between 3 and 12. While playing with the toy one evening, without Helen's supervision, Ben chokes on an inch-long engine driver figure that forms part of the train. Although he survives, he is traumatized by the incident. For which type of defect can Helen sue the toy manufacturer?

    Failure to tamperproof
    Defect in product packaging
    Defect in manufacture
    Failure to warn

Question 27
Insider trading is considered illegal because:

    it results in excessive losses for the company.
    it makes use of nonmaterial public information.
    it fails to account for the short-swing profits brought into a company.
    it limits investment opportunities for the investing public.

Question 28
When an employer does not discriminate against women in general but treats women above the age of 40 differently, the employer is practicing __________.

    color discrimination
    sex-plus discrimination
    religious discrimination
    racial discrimination

Question 29
The power and authority to exclude competition or control prices is known as __________.

    enumerated power
    monopoly power
    implied power
    reserved power

Question 30
Which of the following is a category of torts?
    Professional malpractice
    Personal liability
    Strict liability
    Nonintent crime