Reference no: EM133194845 , Length: 5 pages

Business Law Case

Case 1. Professor Lucas Phelps sent the following e-mail to Professor Marlin Jones: "I recently read the opinion piece you wrote for the Sacramento Bee on affirmative action. Your opinion is incorrect, your reasoning and analysis are poor, and I am embarrassed that you are a member of the faculty here at Cal State Yolinda." Professor Jones forwarded the note from Professor Phelps to the provost of the university and asked that Professor Phelps be disciplined for using the university e-mail system for harassment purposes. Professor Phelps objected when the provost contacted him: "He had no right to forward that e-mail to you. That was private correspondence. And you have no right of access to my e-mail. I have privacy rights."

1.2. Purport: Interpretation (Times Romans Font-10-Points; single space)

Question 1: Was there a breach of the "privacy right" of Professor Phelp's.

Questions 2: Which law makes provision to protect the "right of privacy" of individuals?

Questions 3: What is the "right of privacy," as prescribed by legal provisions?

Case 2 Larketta Randolph purchased a mobile home from Better Cents Home Builders, Inc., and financed her purchase through Green Tree Financial Corporation. Ms. Randolph signed a standard form contract that required her to buy Vendor's Single Interest insurance, which protects the seller against the costs of repossession in the event of default. The agreement also provided that all disputes arising from the contract would be resolved by binding arbitration. Larketta found that there was an additional $15 in finance charges that were not disclosed in the contract. She and other Green Tree customers filed a class-action suit to recover the fees. Green Tree moved to dismiss the suit because Larketta had not submitted the issue to arbitration. Larketta protests, "But I want the right to go to court!" Does she have that right? What are the rights of parties under a contract with an arbitration clause? [Green Tree Financial Corp. v. Randolph, 531 U.S. 79]

2.2. Purport: Interpretation (Times Romans Font-10-Points; single space)

Question 1: Why the Green Tree Financial Corp. v. Randolph case would not be tried in a court of federal-trial jurisdiction?

Question 2: What is arbitration and what legal strength would arbitration have in the remedy of the complaint in the Green Tree Financial Corp. v. Randolph?

Question 3: What is the specific jurisdiction in which the Green Tree Financial Corp. v. Randolph case was tried?

Case 3 In April 2006, a DC-9 aircraft landed in the port city of Ciudad del Carmen, located 500 miles east of Mexico City. When the plane's crew began directing security personnel away from the plane, the suspicious activity piqued the curiosity of local law enforcement officials. They decided to search the plane and found 128 suitcases packed with over 56 tons of cocaine. The cocaine was to have been delivered to Toluca, near Mexico City. In investigating the plane and individual involved, law enforcement agents discovered that the plane had been purchased with money that had been laundered through two U.S. banks, Wachovia Corp. and Bank of America Corp. Neither bank was actually aware that the money was being used to purchase a plane that would then be used for drug trafficking. Are the banks still criminally liable for breaking the rules? Explain why or why not.

3.2. Purport: Interpretation (Times Romans Font-10-Point; single space)

Question 1: What crimes can be understood to be committed?

Question 2: Would the legal doctrine of Respondeat Superior considered to be involved, as far as the bank is concerned?

Question 3: What if the banks were aware of large sums of money being run through particular customers' accounts? Would that knowledge make a difference?