... Law 531 Business Law Course Start Date: 11/13/12 Course End Date: 12/24/12 Please print a copy of this syllabus for handy reference. Whenever there is a question about what assignments are due, please remember this syllabus is considered the ruling document. Copyright Copyright ©2009 by University of Phoenix. All rights reserved. University of Phoenix© is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft©, Windows©, and Windows NT© are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix© editorial standards and practices. 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...
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...Enterprise Risk Management (ERM) provides a framework of planning, organizing and controlling activities that made by organizations in order to manage and minimize the effects or risk on the organization’s capital and earnings. ERM is also associated with accidental losses, which include financial, strategic, operational, and other risks. Every organization must follow all the local, state, and federal laws they must also comply with Environmental Procreation Agency (EPA). Alumina Incorporation is an international organization that operates in more than eight countries, which operates out of the United States. In the years Alumina Inc. has maintained a good environmental regulation with only one violation in recorded five years ago. A lawsuit involving Alumina Inc. which claims that the EPA violation from years ago was the cause of a 10-year-old girl’s diagnosis with leukemia. This paper will discuss the potential tort cases that could transpire from the Alumina Business Regulation simulation and the seven-step process of Enterprise Risk Management (ERM) dealing with the potential negligence case against Alumina Inc. The tort case involving negligence by Alumina Inc. would be the most obvious tort because of the claim made by the mother of the 10-year-old with leukemia. This would be a negligence case involving a violation of a statute making this a case of negligence. Policies and Procedures Policies and procedures are the guidelines and rules that are adopted by a company;...
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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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...A++PAPER;http://www.homeworkproviders.com/shop/law-531-week-5/ LAW 531 WEEK 5 Complete the Discrimination Scenario Simulation involving a discrimination issue at the workplace and associated legal issues. Then write an essay paper discussing the following scenarios: Discrimination Scenarios You have no more than 1,500 words to provide substantive answers to the following questions: 1) A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire 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 ...
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...LAW 531 WEEK 6 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-6 Visit Our website: http://hwsoloutions.com/ Product Description LAW 531 Week 6 WEEK SIX PRESENTATION OVERVIEW: Government regulations of Business Federal Administrative Agencies Substantive Rules and Interpretive rule Statement of policy Reasonable Searches Protection from Harassment United Nation’s Biosafety Protocol for genetically altered food Consumer product safety commission (CPSC) GOVERNMENT REGULATIONS OF BUSINESS: Laws that all businesses/industries must follow unless it meets the criteria for exemption National Labor Relations Board (NLRB) regulates the formation and operation of labor unions in most industries and businesses in the U.S. Example: AFL-CIO for global trade and economic issues. Occupational Health and Safety Administration (OSHA) regulate workplace safety.. Example: Worker Safety The U.S Equal Employment Opportunities Commission (EEOC) enforces equal opportunity in employment laws that cover most workers in the United States. Example: Anti-discrimination laws and Title VII Laws that regulates only specific industries; an administrative agency (Cheeseman, 2013, p.728), The Federal Communications Commission (FCC) issues licenses and regulates the operation of television and radio stations. The Federal Aviation Administration (FAA) regulates the operation of commercial airlines. The federal Office of the Comptroller of the Currency...
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...A++PAPER;http://www.homeworkproviders.com/shop/law-531-week-6/ LAW 531 WEEK 6 Prepare a Powerpoint presentation of no more than 15 minutes. In week 5, I will assign teams a set or multiple sets (depending on the number of teams) the Question #(s) to answer. Your presentation should explain to the class the answers to the following questions: Question 1: Explain the term of office for board of directors. Give an account of the director’s and corporate officer’s duty of care towards the corporation. Explain Self-dealing. And finally, What is the CEO and CFO provision laid out by the Sarbanes-Oxley Act of 2002? Question 2: Distinguish between general government regulation and specific government regulation. Explain in brief the types of federal administrative agencies with examples. Distinguish between substantive rules and interpretive rules. What is a statement of policy? When are searches by administrative agencies considered reasonable? And finally, How is the general public protected from harassment by administrative agencies? Question 3: What is the United Nation’s Biosafety Protocol for genetically altered food? Give an account of the regulation of medicinal devices in the United States? What are the powers of the Consumer Product Safety Commission? Name some consumer products excluded from the purview of CPSC. Question 4: Describe the purpose and requirements of an EIS? Give an account of state environmental protection laws. Explain the nature and enforcement...
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...Ebony Law/531 November 2, 2015 Aaron Gershonowitz In the case of “You the Judge” The defendant was under the assumption that he was denied a promotion due to actions of his coworker the plaintiff because of an inappropriate screen saver that was sent to his computer. In the defense of the defendant this screensaver was completely inappropriate and the behavior from his coworker was not professional by any means and due to those actions alone she should have been reprimanded or even fired if it could have been proven that she was the one that sent the screensaver. The defendant also stated in his argument that he often participated with other members in the office when they joked around about things that were not work appropriate. The judge’s decision was made very easily due to evidence and the defendant’s testimony. The evidence showed what the employee’s job description was and what is expected of them as employees along with guidelines for any sexual harassment that may been seen or expected. The defendant basically shoot himself in the foot by not reporting any of the incidents that occurred in the workplace. When the initial incident occurred he should have reported the employees and the appropriate actions would have been handled by management. The plaintiff’s testimony was truthful and she even exploited more of the truth than what the defendant initially stated in his testimony. The sexual harassment was done both ways and he made it seem like he...
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...LAW 531 WEEK 2 A+ Graded Tutorial Available At: http://hwsoloutions.com/?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...
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...LAW 531 WEEK 6 PRESENTATION To purchase this visit here: http://www.activitymode.com/product/law-531-week-6-presentation/ Contact us at: SUPPORT@ACTIVITYMODE.COM LAW 531 WEEK 6 PRESENTATION Prepare a Powerpoint presentation of no more than 15 minutes. In week 5, I will assign teams a set or multiple sets (depending on the number of teams) the Question #(s) to answer. Your presentation should explain to the class the answers to the following questions: Question 1: Explain the term of office for board of directors. Give an account of the director’s and corporate officer’s duty of care towards the corporation. Explain Self-dealing. And finally, What is the CEO and CFO provision laid out by the Sarbanes-Oxley Act of 2002? Question 2: Distinguish between general government regulation and specific government regulation. Explain in brief the types of federal administrative agencies with examples. Distinguish between substantive rules and interpretive rules. What is a statement of policy? When are searches by administrative agencies considered reasonable? And finally, How is the general public protected from harassment by administrative agencies? Question 3: What is the United Nation’s Biosafety Protocol for genetically altered food? Give an account of the regulation of medicinal devices in the United States? What are the powers of the Consumer Product Safety Commission? Name some consumer products excluded from the purview of CPSC. Question 4: Describe the purpose and...
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...ERM Paper Upon determining the need to update its editing software Quick Takes Video contacts NonLinear Pro to discuss the options available. After some negotiating a verbal deal is struck and materials arrive at Quick Takes Video. Quick Takes Video believes the verbal Express Contract is for one month trial period to determine if the system with NonLinear Pro is what it is looking for. NonLinear Pro has determined that the contract lease that one of the employees signed upon receipt of the materials is attempting to hold Quick Takes Video to. Tort Risks and Violations Since the initial contract was verbal, Quick Takes Video believed the agreement reached was in force when the materials arrived. When the materials were found to not be at the standard promised, the materials were promptly returned thus terminating the trial offer. The implied warranty indicating employees with some knowledge would be competent to use the equipment in “a day and a half, tops” misrepresented the ease of use as the technical department at Quick Takes Pro worked for two weeks attempting to get the system up and running. It may be materials not functioning properly or an attempt to defraud. NonLinear Pro misrepresented a written contract to an employee of Quick Takes Video when delivering the materials. The written contract seeks to change the preexisting duty of the oral contract with the owner of Quick Takes Video and injects a third party into the contract in a clear tort violation. NonLinear...
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...LAW 531 WEEK 5 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-5 Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 5 Discrimination Scenario Simulation Introduction The Civil Rights Act of 1964 is the most noteworthy act of its kind, which emerged directly from the civil rights movement of the 1960’s. Title VII of the act states that it is illegal for employers, employment agencies, and labor unions to discriminate in 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...
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...EMR Paper LAW/531 October 3, 2011 Rachel Compton Tort Violation Upon reviewing the simulation it is evident Kelly Bates and The Erehwon Reporter were negligent in the publishing of the article claiming Alumina incorporated repeatedly contaminated the waters of Lake Dira. According to Cheeseman (2010), “under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her actions” (p. 80). For instance, when Kelly Bates and The Erehwon Reporter decided to publish the article disparaging the name of Alumina Incorporated they became legally responsible for litigation that resulted from the article getting published. Kelly Bates and The Erehwon Reporter were especially liable for disparagement or trade libel. According to Cheeseman, “business firms rely on their reputation and the quality of their products and services to attract and keep customers. That is why sate unfair-competition laws protect business from disparaging statements made by competitors and others” (p.79). Even though Alumina Incorporated was responsible for violating the Clean Water Act five years earlier, there was no supporting evidence for Kelly Bates claim that the company repeatedly contaminated Lake Dira without restraint. Furthermore, Kelly Bates allegations that Alumina Incorporated exclusively contaminated Lake Dira and caused her daughters leukemia were unjustified. Kelly Bates intention was to use The Erehwon...
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...LAW 531 Final Exam - IF You Want To Purchase A+ Work Then Click The Link Below , Instant Download http://acehomework.com/LAW-531-Final-Exam-A-Exam-76543567.htm If You Face Any Problem E- Mail Us At JohnMate1122@gmail.com 1 Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true? Penalties are imposed for obtaining any domain name that infringes on a valid trademark.Domain names are granted only after ensuring that they do not infringe on a valid existing trademark. A plaintiff must show that the defendant acted in bad faith in order to recover. Prior approval by the affected celebrity is needed to obtain a domain name that is similar to a celebrity’s name. 2 The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring: That mergers be allowed if United States competitiveness in world markets is improved. That failing companies are rescued through mergers whenever possible. That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms. That certain activities are classified as per se violations. 3 The landlord has the right to enter the leased premises: To make necessary repairs Only if specifically provided in the lease To inspect for waste To inspect for illegal use 4 Which for of real property ownership includes the greatest degree of ownership? Fee simple defeasible Fee simple limitless Absolute life estate Fee simple absolute 5 A doctrine...
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...LAW 531 Final Exam - IF You Want To Purchase A+ Work Then Click The Link Below , Instant Download http://acehomework.com/LAW-531-Final-Exam-A-Exam-76543567.htm If You Face Any Problem E- Mail Us At JohnMate1122@gmail.com 1 Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true? Penalties are imposed for obtaining any domain name that infringes on a valid trademark.Domain names are granted only after ensuring that they do not infringe on a valid existing trademark. A plaintiff must show that the defendant acted in bad faith in order to recover. Prior approval by the affected celebrity is needed to obtain a domain name that is similar to a celebrity’s name. 2 The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring: That mergers be allowed if United States competitiveness in world markets is improved. That failing companies are rescued through mergers whenever possible. That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms. That certain activities are classified as per se violations. 3 The landlord has the right to enter the leased premises: To make necessary repairs Only if specifically provided in the lease To inspect for waste To inspect for illegal use 4 Which for of real property ownership includes the greatest degree of ownership? Fee simple defeasible Fee simple limitless Absolute life estate Fee simple absolute 5 A doctrine...
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...LAW 531 WEEK 3 ASSIGNMENTS A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-3-assignments Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 3 Assignments Week Three IRAC Brief Case:DePuy Orthopaedics, Inc. v. Waxman. August 3, 2012. In the outlined case, DePuy is trying to sue one of their distributors Joint Venture for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim the rights to any of DePuy intangible assets, including intellectual property (IP), goodwill, and customer lists. DePuy claims that Joint Venture breached the non-compete agreement which caused a drop in sales and damaged their relationship with customers in the territories outlined within the agreement.Therefore, the legality of the contract enforced due to the breach of the non-compete agreement. According to Cheeseman 2013, “the section 2-201(1) statue of sales contracts of Uniform Commercial Code laws help prevent fraud like this case” (p. 171). To avoid this case by Depuy or any other companies’ managerial setting must specify agreements with language that is comprehensible by both parties in written valid contracts. Issue:Was there a breach to the contract, under that non-compete covenant between DePuy and Joint Venture? What kind of defenses do companies use to mitigate risk related to personal, real, or intellectual property (IP) issues? The main reason this case went to court...
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