Reference no: EM131485102

Business Law Dicussion Questions & Activities

Discussion Question 1_01

Identify and describe the various steps of a trial, beginning with the parties, then pretrial procedures, and finally, the trial itself. (A 2-page response is required.)

Discussion Question 1_02

Explain the mediation process and analyze its three advantages and three disadvantages as an alternative to litigation. (A 1-page response is required.)

Title Discussion Question 2_03

You are the owner of a small chain of hotels, and you are concerned about the United States Department of Labor's (DOL) new rules under the overtime provisions of the Fair Labor Standards Act. In order to be eligible for one of the white-collar exemptions to the overtime rules, you must pay an employee a minimum weekly salary of $455 per week, or $23,660 per year, whereas the previous threshold was $250 per week. Employees making less than $455 per week generally cannot be exempt. This will cost you money either in overtime pay or higher salaries. Can you challenge this new DOL rule? How would you go about challenging it? (A 1-page response is required.)

Discussion Question 2_04

You are also concerned that the DOL may increase this salary minimum again or make it more difficult to classify employees as exempt from overtime in the near future. Discuss at least four methods you can use to address your concern? (A 1-page response is required.)

Activity 2_05

Activity Instructions: Case Analysis

Read the case of Babbit v. Sweet Home Chapter of Communities for a Greater Oregon, 515 U.S. 687 (1995), found in Reed, et al. (2005), Chap. 17, pp. 522-524. Prepare an analysis of the case, using the following headings to guide you. Your Activity responses should be both grammatically and mechanically correct, and formatted in the same fashion as the Activity itself. If there is a Part A, your response should identify a Part A, etc. In addition, you must appropriately cite all resources used in your response and document in a bibliography using APA style. (A 2-page response is required.)

Part A

Parties to the Case, Facts of the Case, and Business Reasons for the Dispute.

Part B

Issue to be Decided and The Analysis of the Issue by the Supreme Court.

Part C

Holding of the Supreme Court, The Reasons for the Holding, and The Implications for Business

Discussion Question 3_06

There are several factors that impact a contract's enforceability. If a contract is not valid, it is either void or voidable. Explain and illustrate the difference between contracts that are voidable and contracts that are void. Include examples. (A 2-page response is required.)

Discussion Question 3_07

Analyze the case of State Farm Mutual Automobile Insurance Company v. Campbell found in Reed, et al. (2005), Chapter 6, pp. 164-166. Then answer the following questions. (A 1-page response is required.)

a.Describe the facts of the case, including the amounts of the jury's awards.

b.What are the three key guideposts used by the United States Supreme Court in deciding whether a punitive damage award is consistent with the due process clause?

c.Does the Supreme Court conclude that the punitive damage award is constitutional or unconstitutional and what are the reasons for its finding?

Activity 3_08

Activity Instructions: Annotated Bibliography

Using the ProQuest database found on the Ashworth College Web site, research and identify five (5) articles on the importance of or methods of protecting the intellectual property of a business. Write an evaluative annotation of one-half to 1-page in length for each entry. Rather than merely summarizing the article or copying the abstract, address the following questions. Your Activity responses should be both grammatically and mechanically correct, and formatted in the same fashion as the Activity itself. If there is a Part A, your response should identify a Part A, etc. In addition, you must appropriately cite all resources used in your response and document in a bibliography using APA style. (A 3- to 4-page response is required.)

1.What is the author's purpose for writing the work?

2.What method of obtaining data or conducting research did the author employ?

3.Does this information appear to be valid and well researched, or is it questionable and unsupported by the evidence?

4.What are the author's conclusions? Are these conclusions satisfactorily justified?

5.Are the conclusions comparable to those of other well-conducted research, professional practice, or government policy?

Discussion Question 4_09

Define and discuss the concept of strict product liability, including the scope of its application and defenses, and provide examples of each to illustrate your points. (A 1-page response is required.)

Discussion Question 4_10

Analyze and discuss the key protections under the Fourth, Fifth, and Sixth Amendments. Emphasize their relevance to crimes in the business environment and how businesses should prepare to respond when faced with situations falling under their protection. (A 1- to 2-page response is required.)

Activity 4_11

Using ProQuest, the Ashworth College Library, conduct research on the importance of corporate compliance programs under the Federal Sentencing Guidelines for Organizations. Find at least five articles relevant to the topic and organize the information in a 2-page presentation script. Then, prepare a PowerPoint presentation consisting of at least twelve (12) slides. Provide a bibliography of the articles in addition to your script and PowerPoint presentation. Your presentation should, as a minimum, cover the following points. (A 2-page script and a 12-slide PowerPoint presentation is required.)

1.Concept of corporate responsibility
2.History of the sentencing guidelines
3.2004 Amendments to the sentencing guidelines
4.Key elements of a compliance program

Discussion Question 5_12

Orthodontists at an annual state meeting agreed to charge the parents of each child patient a nonrefundable fee of $200 before beginning any treatment. They also agreed that the charge for an orthodontia procedure would not be less than $2,000.

Analyze the legality of these agreements, citing the applicable law(s) and the appropriate legal analysis under the applicable law(s) as developed by the courts. What are the possible sanctions if there are legal violations? (A 1- to 2-page response is required.)

Discussion Question 5_13

Read the case of United States v. O'Hagan found in Reed et al. (2005), Chap. 16, pp. 496-498, and answer the following questions. (25 points) (A 1- to 2-page response is required.)

a.What was O'Hagan accused of and what was the theory used by the SEC to argue that he violated the law?
b.According to the Supreme Court, when and against whom did the wrongful conduct occur?
c.What reasons did the Supreme Court give for its holding?

Discussion Question 6_14

Your organization is interested in implementing a new policy banning smokers from employment with the organization. You have been asked to do some research and prepare a report examining the (a) advantages and disadvantages of such a policy, and (b) the legal implications of such a policy. (30 points) (A 2-page response is required.)

Discussion Question 6_15

Describe four types of discrimination based on sex and provide examples of each. (20 points) (A 1-page response is required.)

Activity 6_16

Activity Instructions: Employment Compliance Memo.

Your company, a manufacturer and distributor of sports equipment, has grown quickly over the last few years from just a few employees to 25. There has been no time to pay attention to employment issues, but recently the president of the company has asked you to focus on the employment area and provide her information on the following. Your Activity responses should be both grammatically and mechanically correct, and formatted in the same fashion as the Activity itself. If there is a Part A, your response should identify a Part A, etc. In addition, you must appropriately cite all resources used in your response and document in a bibliography using APA style. (A 3-page memo is required.)

Part A An overview of key legal employment rules that apply to the company. Include discussion of the Fair Labor Standards Act, limitation on employment at-will, Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Americans with Disabilities Act, and state discrimination laws.

Part B Recommendations for employment practices to ensure compliance with the key legal rules. Include recommendations regarding notices, forms, employee handbooks, personnel files, disciplinary processes, training supervisors, and periodic reviews.