...SYLLABUS LAW/531 Business Law Copyright ©2014 by University of Phoenix. All rights reserved. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student...
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...Reflection Paper-Week 2-IRAC Brief LAW/531 June 9, 2015 Reflection Paper-Week 2-IRAC Brief The IRAC (issue, rule, analysis, conclusion) is a structured legal analysis process used in problem-solving. Team C will use the IRAC method to present a case heard in the Oregon Supreme Court, Antonio Cortez v. NACCO Material Handling Group, Inc and Swanson Group, Inc. This case is currently pending in the Oregon Supreme Court. Facts Plaintiff worked for a lumber mill, Sun Studs, LLC owned by NACCO Material Handling Group. As the plaintiff walked from one area of the mill to another, a forklift hit and severely injured him. After receiving workers’ compensation benefits, the plaintiff brought an action against Swanson Group, Inc., which owns Sun Studs. The plaintiff alleged that Swanson was liable for negligently failing to require Sun Studs to provide a safe workplace and competent safety personnel. Issues Is the providing of worker’s compensation for the injured plaintiff by the defendants an exclusive remedy? Was the defendants’ negligent under the Employers Liability Law by not providing safety measures to the plaintiff? Rule Did the defendants breach the duty to provide a remedy for the injured plaintiff? Did the defendants breach the duty to provide safety measures under the Employers...
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...How to Brief a Case Using the “IRAC” Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion). You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue. Before attempting to “brief” a case, read the case at least once. Follow the “IRAC” method in briefing cases: Facts* Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court’s analysis. For example, a business’s street address is probably not relevant to the court’s decision of the issue of whether the business that sold a defective product is liable for the resulting injuries to the plaintiff. However, suppose a customer who was assaulted as she left its store is suing the business. The customer claims that her injuries were the reasonably foreseeable result of the business’s failure to provide security patrols. If the business is located in an upscale neighborhood, then perhaps it could argue that its failure to provide security patrols is reasonable. If the business is located in a crime-ridden area, then perhaps...
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...IRAC Brief – Stryker Corporation and The Securities Exchange Commissions University of Phoenix IRAC Brief – Stryker Corporation and The Securities Exchange Commissions Introduction / Purpose Business managers are faced with challenges of legal risks by conducting domestic and international business transactions. To avoid misleading of accounting principles and fraudulent business practices an organization must retain strong internal controls within their international operations. Stryker Corporation had been recently confronted by Securities and Exchange Commissions and got a direct experience. In the following reflection, Team B applies the IRAC method of case analysis to observe Stryker’s treatment and conduct of violations connected to the Foreign Corrupt Practices Act (FCPA). We will summarize four factors regarding IRAC: 1) issue 2) rule 3) analysis and conclusion. Thorough analysis of the IRAC results will help Team B’s interpretation of the significance of internal controls in handling legal risk in international business transactions. Issue Did “Stryker violated the Foreign Corrupt Practices Act by making $2.2 million in unlawful payments to foreign government officials while describing the payments as legitimate expenses in the company’s books and records?” Did Stryker Corporation demonstrates intentional misrepresentation by failing to plan and preserve an acceptable system of internal accounting controls? Is intentional misrepresentation...
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...IRAC Brief: JP Morgan Chase Settles the London Whale This is a case study analysis of a current legal case regarding the governance principles of regulatory compliance and the methods used to manage risk arising. The briefing of this case will utilize the IRAC method of case analysis to give a breakdown on the case of JP Morgan Chase on regulatory violations and risk management. The IRAC method will address I - Issue, R - Rule, A - Analysis, and C - Conclusion which will provide a researched assessment of the trading loss violations on this case. Please read and review this analysis of the case utilizing IRAC method of case analysis. Issue JP Morgan Chase permitted traders in its London office to allocate magnified values to transactions and cover up huge losses as they continued to explode. Two traders could face criminal charges for fabricating records to cover up losses. JP Morgan’s charge to the $6 billion oversight in trading loss is the first for a main company since the Securities and Exchange Commission revised its practice of letting firms pay fines without admitting fault. An admission by JPMorgan could provide a pattern for pursuing other admissions in Wall Street cases. The Justice Department is aggressive in getting JPMorgan to admit that from 2005 to 2007, it sold mortgage securities to investors without fully warning of the risks. By wanting the bank to admit some responsibility, officials hope it will caution other corporations to double check before taking...
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...Learning Team Reflection: Week 3 IRAC Brief Dipesh Mistry, Hala Alnajjar, Chad Salcido LAW 531 August 23, 2015 Jonathan McGovern Apple vs Samsung Patent Case – Intellectual and Digital Property Dispute Intellectual property consists of patent, copyrights and ideas of the mind. Methods of dealing with disputes arising from theft of intellectual property include the uniform trade secrets act, US patent and trademark office and no electronic theft act. Personal property is any tangible property that is attached to the land or building owned or movable items like furniture or a painting. Case Apple vs. Samsung is an intellectual property dispute due to the seven issuing patents that Apple owns the rights to. On April 15, 2011, Apple issued an official complaint stating: "Instead of pursuing independent product development, Samsung has chosen to slavishly copy Apple's innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design, in violation of Apple's valuable intellectual property rights" (Elmer-DeWitt, 2011). Issue The dispute is if Apple's patent case against Samsung is valid under US patent law. Currently, patents are awarded to the 'first to invent' rather than 'first to file' (Jaffe, Adam and Lerner, Josh. p. 38-43). This creates issues with the companies contesting that they created designs prior to alleged infringing devices being released. Samsung claims that the patents are abstract and non statutory...
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...Learning Team ‘A’ Reflection: Week Four IRAC Brief LAW/531 May 12, 2014 Learning Team ‘A’ Reflection: Week Four IRAC Brief The Michigan Court of Appeals heard a case that involved the legality of forcing employee’s “to pay union dues or fees just to keep their jobs, despite the fact they do not belong to the union nor sought the union's so-called representation” ("Workers Defend Free Choice For Workers Against Spurious Union Boss Legal Challenge", 2014). The court ruled in favor of Michigan’s Right to Work Law that states, employees are not required to pay Union dues. The court stated that “the state had the power to make union membership optional” (Livengood, 2014). In this brief, we will identify how the legal concept of Right to Work is applied to relieve employees of compulsory union fees in a managerial setting using the IRAC method. Issue – Are mandatory service fees payable to collective bargaining agencies constitutional for state civil service non-union employees? Rule – “Agency shop” policies enforcing compulsory union fees may force employees to go against their own principles [Ellis v (Brotherhood of Railway, Airline & Steamship Clerks, 466 US 435, 455; 104 S Ct 1883; 80 L Ed 2d 428 (1984)]. Prohibiting or forcing employees to support ideological beliefs and unions violates a person’s constitutional right in the eyes of the State of Michigan. Analysis – The Michigan Court of Appeals considered the limits of the law to avoid infringing on laws superseding...
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...respect to compensation, terms, conditions, or privileges in employment by hiring individual based on race, color, sex, religion, and national origin (Cheeseman, 2013). Discrimination was at the forefront of everyone’s mind during the 60s and 70s and many people believe that it has been eliminated it all together, but discrimination is still alive and thriving in our society in the work especially in the workplaces. The paper examines various scenarios of discrimination in workplace as they relate to Title VII reasoning. Scenario 1 Discrimination exists in this scenario because “disparate-impact discrimination occurs when an employer discriminates against an entire protected class.” (Cheeseman, 2013, para.6, p.546). He has a prima facie case of illegal discrimination. The black firefighter is in a protected class because of is race. The black firefighter was singled out to take his bed with him when he transferred from one fire station to next because the fire chief, who was white, told him that the white firefighters working other shifts would not want to use the bed that the black firefighter used. Circumstances exist that support an inference of discrimination. The fire chief was directly targeting the black firefighter and never once thought that he might not want to sleep on the white firefighter’s bed. “Regardless of subjective bias or invidious...
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...chief. The chief defends on the basis that it is a legitimate decision, because white firefighters would not want to sleep in the same bed in which a black firefighter slept. Is this illegal under Title VII? Explain your answer. (This was a real case from Georgia). 2) An Employer had only one promotion to give, but he was torn between giving it to the single female and the male employee, who had a family. The employer thought the male employee most needed the job and could best use the money. He finally decided to give the promotion to the male and told the female he gave it to the male because he was a “family man and needed the money.” If the female employee sues, will she win? (This is also a real case.) 3) A female employee has an operation on her breast and when she returns to work, a male employee “jokingly” asks to see the scar. Is this actionable sexual harassment? (This is also a real case). Dillion v. Jogbra Research the Dillon v. Jogbra case decided in Vermont. Your paper should be between 1,000 and 1,500 words. Discuss the findings with your group. Prepare a Case brief: The case brief must be in IRAC Forumla and clearly define the issue, the rule of law used to decide the outcome, provide a analysis of the court’s decision and discuss the conclusion the court reached. Make sure to...
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...Prerequisite: Management 246 or equivalent. Textbook and Other Course Materials The course text is International Business Law and its Environment, by Schaffer, Agusti, Dhooge, Cengagge Learning, (9th ed. 2015). This can be an expensive textbook so you should consider purchasing the eBook at the Titan Bookstore. Also, I will provide links to PowerPoint presentations and other select added course materials on the course website. Course Mechanics and Procedures Open-Door Policy. My policy has always been “open-door.” Therefore, you should not hesitate to contact me in person or by e-mail1 or telephone. Reading. We will cover many chapters from the text during the semester. Course readings will include chapters from the text plus the assigned cases cited below. Bring your text to all class sessions since we will refer to it frequently. 1 Please be advised that e-mails may contain confidential information such as grades. Therefore, consider whether other people (e.g., family members or employers) have access to your e-mail address before transmitting or requesting confidential information in an e-mail. Mgmt 346—Syllabus—Spring 2016 1 Teaching Methods and Typical Class Sessions. The teaching methods will be lecture...
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...HIPAA Ruling in Tennessee Court Failure to adhere to regulatory compliance can impact a litigation process, which in the case of Stevens vs, Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements, a brief explanation of methods for managing the legal risks that arise from regulatory compliance issues, and how this case can be applied within a business managerial setting. IRAC Brief Christine Stevens a Tennessee woman filed a malpractice lawsuit against Hickman Community Hospital, the emergency room services and physicians who cared for her husband Mark Stevens, which subsequently resulted in his demise. The case however is being challenged as a result of failing to comply with regulatory requirements set forth in the Tennessee Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. Case In accordance with the Tennessee Medical Malpractice Act, on April 11, 2011, counsel for Mrs. Christine Stevens the spouse of Steven Stevens, formally notified Hickman Community Hospital and Dr. Whitaker of the impending malpractice allegations...
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...Team C Learning Team Reflection: Week 6 RAC Brief – Case 2 Donald Britt, Lauren Batinich, Linda Carucci, Megan Johnson, and Gene McCutchen Law/531 June 8, 2015 Robert Reimer Learning Team Reflection: Week 6 – Case 2 The second learning objectives for this week concerns domestic and international business activities. The Team Assignment this week is to write a case brief using the IRAC method concerning the legal risks associated with domestic and international business activities, as well as, explain how the legal concepts in the chosen case applied in a business managerial setting. Case: On July 10, 2014, a class action lawsuit was filed by Dennis Gray Trucking, Carmichael Leasing, and GTL Enterprises against Navistar International in the United States District Court for the Northeastern District of Illinois Eastern Division (Jaillet, 2014). The Plaintiffs allege that the Defendant knowingly sold EGE-only MaxxForce engines which were defective. In addition, Plaintiffs allege that the Defendant concealed those defects from all individuals who purchased said engines (Jaillet, 2014). Issue: Did Navistar International sell defective products and conceal the defects? Rule: Under the Consumer Product Safety Act (CPSA) there are federal statutes which regulate potentially dangerous consumer products and are created by the Consumer Product Safety Commission (Chessman 744). These statues are enforced through consumer product safety alerts to ensure all consumes...
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...Week 5 IRAC Brief Norma Chavez Clara McKinnie Delia Silva Alejandra Solorzano LAW/531 March 26, 2014 Michael John Abstract NovaStaar Investments, LLC is a private company that was formed in 1999 for the sole purpose of taking control of Staar Surgical Company by offering shareholders $15 per share. NovaStaar’s offer was rebuffed by the then board. Since then several shareholders and board members have approached NovaStaar about their interest in the company. NovaStaar will not reveal their level of interest in Staar until several issues have been resolved. Specifically the lawsuits involving former Chairman of the Board Andrew F. Pollet. Mr. Pollet filed a lawsuit against a former employee alleging libel and defamation of character. Mr. Pollet is also involved in other court action where he allegedly asked Staar board members to forgive debts he had incurred by borrowing money from Staar and where he was accused of pilfering from Staar and using company funds to pay his personal expenses. Week 5 IRAC Brief Methods for managing legal risk Society must balance business interest and injury to prevent legal liability. To minimize liability of legal risk the business and the individual must first understand the process. Once the knowledge has been obtained then the necessary steps can be taken to eliminate and reduce the effects of the risks involved in order to prepare accordingly. Issues On June 3, 1993 in Texas, Novastaar Investments, LLC, an entrepreneurial...
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...product=law-531-week-2 Visit Our website: http://hwsoloutions.com/ Product Description LAW 531 Week 2 Week Two IRAC Brief Case: Edward J Bylsma v. Burger King Corporation. May 8, In the outlined case, the plaintiff is trying to sue Burger King Corporation under the Washington Product Liability Act (WPLA). Mr. Bylsma claims ongoing emotional distress after an employee spat on a burger he purchased, but did not eat. The litigation is based on product liability, negligence, and vicarious liability (Bylsma v. Burger King Corp, 2013). According to Repa (1998) “Although supreme Court has not yet recognized federal limitations on state product-liability actions, several lower federal courts justified a federal common-law tort immunity” (p 48). The legal concepts that have been applied are discussed in the discovery of the Issue, Rule of the court, Analysis, and Conclusion reached for this case. Like this case, if these legal concepts are violated with lack of training and inspections by the managerial setting similar issues can be found in all types of businesses. Therefore, according to WPLA Burger King has lost the case due to the legal principles behind the decision which are product liability, negligence, and assault by the employee causing emotional distress. “A tort is a civil wrong for which a remedy may be obtained” (Azria, 2014, p. 1). In the food and hospitality industry tort cases like this can be triggered in everyday situations. Issue: Has a tort been demonstrated? Is Burger King...
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... Memo: “a brief, informative document used to communicate within an office, such as between attorneys on the same side of a case.” Legal Writing: How to Write Legal Briefs, Memos, and Other Legal Documents in a Clear and Concise Style. Ed Amanda Martinsek (2009) NY: Kaplan Publishing An analysis of the law. The goal is to explain to the reader what the law says/requires in a particular area. “A memorandum might be written, for example, after a client has asked whether a lawsuit would be worth commencing. It would be used most immediately for advice to the client. If the result is a suit, some parts of the memorandum might be read again when the complaint is drafted. The memorandum might be consulted a third time when the attorney responds to a motion to dismiss; a fourth time while drafting interrogatories; a fifth time before making a motion for summary judgement; a sixth time before trial; and a seventh time in preparing an appeal.” Neumann, R.K.Jr p65 What should a memo include? Heading – Memo To: From: Date: Re: Introduction/Question Presented Brief Answer Facts Applicable Statutes (Rule(s)) Discussion – IRAC of each issue Conclusion (overall) John Bronsteen, 2006. Writing a Legal Memo. New York: Foundation Press, pp38-65 Introduction/Question Presented: The situation, how it engages with the rule, the legal issues that have arisen and breaking down the issue into a summary of the sub-issues. Brief Answer: 1st...
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