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MBA 5005 Argosy Wk 2 Determining the Ownership Based on New Mexico Law Case Study

MBA 5005 Argosy Wk 2 Determining the Ownership Based on New Mexico Law Case Study

Question Description

Week 1 Discussion

Contains unread post

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


Week 2 Discussion

Contains unread posts

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.


Week 3 Discussion

Contains unread posts

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.


Week 4 Discussion

Contains unread posts

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?


Week 5 Discussion

Contains unread posts

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.

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