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Description As a manager in a business setting, you should be keenly aware of how the law impacts your job and the professional lives of your employees. Negligence in an employment situation is exceedingly rare because of workers’ compensation, which replaces employees' traditional tort remedies with an employer-paid-for administrative remedy.  Workers’ compensation does not measure an injury by negligence standards and instead is a “no-fault” system.  Neither the employee nor the employer has a choice to use the traditional legal system for a work injury. As a result, businesses in the United States owe a duty to exercise a reasonable degree of care (Duty of Care) to protect the public and employees from foreseeable risks that the owner knew or should have known about.  Common Examples of Duty of Care  An employee has work-related Repetitive Strain Injury (RSI) from repetitive hand movements. Symptoms include shooting pains in the hands, wrists and forearms. An example of duty of care is providing that worker with a specialist keyboard that allows them to complete tasks at work. An employee was involved in a car accident and is now confined to a wheelchair. Your duty of care, in this case, is to ensure the employee has access to any services or facilities your able-bodied employees have access to. You’ll need to provide wheelchair access and perhaps even reorganize aspects of the work environment. This is to ensure your disabled employees have just as many opportunities as your able-bodied workers. YOU ALSO HAVE A LEGAL DUTY TO PROTECT YOUR EMPLOYEES FROM EXCESSIVE LEVELS OF STRESS. ONE OF THE WAYS TO DO THIS IS WITH A RISK ASSESSMENT. IF UPON COMPLETION OF THE ASSESSMENT YOU DISCOVER AREAS WITHIN THE BUSINESS WHERE EMPLOYEES EXPERIENCE HIGH LEVELS OF STRESS, YOU HAVE A DUTY OF CARE TO TAKE STEPS TO ALLEVIATE THE CAUSES. 

Description As we learned last week, businesses are often engaged in commerce across State lines, and rarely are businesses (even small, local businesses) solely "doing business" in their own state. So, as a business manager, its important for you to have an understanding of potential multi-State legal issues. For this week's assignment, we will focus on Tort Law as it pertains to a multi-State scenario. You are encouraged to use external research for this assignment. Here is the context: Context Bernie, a Vermont resident, is sued by Donald, a New York resident, for a tort related to negligence. The case is in state court. Questions Why would a plaintiff in New York with a case against a Vermont defendant prefer to have the case heard in New York? How can a New York Court have jurisdiction over a Vermont defendant? After a New York state court trial in which Bernie appears and vigorously defends himself, the New York state court awards Donald $1.5M dollars in damages for his tort claim. In trying to collect from Bernie in Vermont, Donald must have the Vermont court certify the New York judgment. Why, ordinarily, must the Vermont court do so? Include at least three external references to support your claims. Use APA format. Include a References page at the end of the paper

Description The Final Paper for this course will require you to submit a 7 to 8 page paper (not including the title and reference pages) that assesses the legal issues as well as ethical issues of a selected business situation. This situation should relate to one of the following: A current work environment A potential future work environment Any current event involving a business situation if it has occurred in the past six (6) months from the start date of this class. In your paper, Develop an introduction which includes an arguable thesis statement at the end of the paragraph. Describe the business situation, which should not exceed two pages. Explain the application of at least three of the relevant areas of law to the business situation. Preferable this would include subject-matter that we have studied in our course (e.g., constitutional law, criminal law, torts, product liability, administrative law, contracts, anti-trust law, securities regulations, employment law, and environmental law) and a detailed explanation of how the facts of the situation violate or conflict with each area of law you have identified. Analyze the ethical concerns raised by the business situation. This should include an application of at least two different ethical theories covered in Chapter 4 of your textbook and to identify any ethical issues involved. Discuss which theory would address the ethical concerns of the situation. Provide a recommendation to reduce the liability exposure of the business situation as well as changes that could be implemented to the ethical environment and culture of the organization. Your recommendation must be supported by specific legal, ethical, and business principles

Description Prior to beginning work on this discussion forum, review Chapter 9 of the textbook. Then address the following scenario: In 2002, Ken and Laila Johnson (the Johnsons) purchased a home for their son Evander. The original cost of the home was $80,000 and the Johnsons made a down payment of $10,000. The title to the property remained in their name as there was some concern about some gambling debt that Evander had incurred a few years before. At the time of the purchase, Evander was engaged to his long-time girlfriend Asa, who was a dentist. They moved into the house and agreed to pay the Johnsons $550 a month to cover the monthly mortgage and tax costs. In 2003, the couple married and continued to live in the house. In addition to making the monthly payments to Evander’s parents, they also made some substantial improvements to the property. However, some of these improvements were made without the consent of the Johnsons, including the installation of an in-ground swimming pool in 2017. In 2019, the Johnsons believed that they should give the property to their son and daughter-in-law. At this time, Ken discovered that this would require that the home be refinanced. He then approached Evander about this possibility, which was contingent on if the current mortgage would be paid-off and if they could be repaid the original down payment of $10,000. However, this proposal was never communicated to Asa and the property was never transferred. In 2022, Evander and Asa separated, and she moved out of the house. Subsequently, she filed for divorce. A primary reason for this dissolution was that she had earned most of the income during the marriage. In 2023, the Johnsons sold the property to a third-party for $280,000. Asa then sued the Johnsons for her interest in the property stating she had earned ownership through a contractual agreement with them. Discuss if a contract was formed between the Johnsons and Evander. How about between the Johnsons and Asa? Did the elements of valid contract exist in either of these situations? If the elements of valid contract did not exist, explain other legal arguments that Asa could use to establish an enforceable contract. Describe any damages or amount of money that Asa would seek in her lawsuit. How could the proper amount be determined?

Description Mandatory General Education Global Citizens Assignment – worth 20 points (Concise writing Instructor Note : it is more often requested and read in todays world - executive summaries-  AND is more difficult to make your argument in fewer words) . Please reference all sources used including AI and be very careful not to plagiarize this source, It will show up in my Canvas gradebook. Also keep in mind professors all over the world are  testing AI and have found both factual errors on something as objective as math problems AND emotional and political bias in a lot of writing. This assignment calls for a legal analysis not an emotional analysis. THIS IS A TAMPA "GEN ED/ GLOBAL CITIZEN DICTATED" ASSIGNMENT. LATE ASSIGNMENTS NOT SUBMITTED INTO CANVAS TIMELY CANNOT BE SUBMITTED LATE for "GEN ED or GLOBAL CITIZEN" CREDIT. IT IS VERY EASY TO EARN ALL POINTS ON THESE TWO WRITING ASSIGNMENTS. SIMPLY FOLLOW THE DIRECTIONS TIMELY.  I CANNOT OPEN CANVAS FOR THESE ASSIGNMENTS IF YOU SUBMIT LATE.  I SUGGEST THAT YOU SUBMIT EARLY.  Due date: 4/20 before 9am. No late assignments will be accepted  250-300  personally unique words. in a formatted Word document must be turned in on Canvas under Assignments using 12 point font and double spacing. Please write a legal memo and you must use  the IRAC FORMAT. described on Page 16 of your text. This means at least four paragraphs that are titled for the MANDATORY IRAC acronym ( you  must see Modules on Canvas..  YOU MUST FOLLOW THE INSTRUCTIONS PROVIDED IN THIS BLUE LINK ABOUT IRAC OR YOU WILL LOSE POINTS. The longest section should be the A section. This is not an essay about how you feel, it is about making a case using the law. This fact pattern may contain several legal issues. Limit your memo to only one of the issues of your choice. Only relevant facts  to your chosen issue should be included in the fact/issue section of your memo- this will keep this section short. Keep in mind that a well- reasoned legal argument always points out the merits of the opposing case and then differentiates that argument by using facts and law to support the client’s position. Make sure you include that in your memo. Step 1:  Research Closely review in your text Appendix A; The preamble before Article I,  Article IV section 4, Article II section 1, last paragraphs of the U.S. Constitution, Chapters 2, 4, 31 and 54 in your textbook. Also look for current cases in the press involving similar situations. Step 2: Assume and Analyze this Fact Set In defiance of Federal Law the State of California has self-declared a Sanctuary State. Border crossing from all nationalities including folks from South, Central Americas as well as China, North Korea, and Middle-Eastern countries are crossing into California without visa’s. These people fall into two distinct groups, many seek the American standard of living yet, at least half seek criminal and terroristic economic gain. The total numbers exceed 36 million (at least 10% of our population) and 2,000,000 on an average annual basis in recent years.  San Diego and Orange counties have filed lawsuits against the state of California requesting relief from California sanctuary mandates. The counties request the right to follow Federal law with regard to illegal crossings and wish to deputize local law enforcement to deport those lacking visas at the border prior to the actual crossing. In the alternative, San Diego and Orange County request the right to charge a $10,000 visa tax for any and all humans of any age, race, nationality or gender crossing into their counties without the proper federal visa documentation. The peoples of San Diego and Orange county cite the following damages to their local environment, communities, citizens and public systems: Loss of minimum wage/low skill jobs for the youth, part-time workers and elderly, property crime, identity theft , drug crimes,  DUI’s, assault and battery, sexual assaults and murder increases. Private businesses, particularly in border areas, have closed due to increasing and unabated crime. Public schools and hospitals are  too overcrowded and underfunded to handle the non-paying patient increase. Many crossing the borders have the highly contagious Covid virus's or other communicable diseases that will require taxpayers to sacrifice significant tax dollars be expended on non citizens, while taxpaying citizen needs go unmet.  Police and Fire departments are understaffed and underfunded to handle the large influx of population. Homeschooling has increased 30% in recent years due to the lack of school security and proper student-teacher ratios. All essential taxpayer services in the area of housing, health care, schooling and safety(police and fire) are being diverted from taxpaying Americans who include the very poor and homeless in order to assist those crossing into the state illegally. Tax revenues are finite but the need for the services grows exponentially every year due to this situation. Over the past 10 years the total costs from losses in wages, property, and lives has been estimated to be over $500B per day in the U.S. with no noticeable net increase to the tax collections derived from the illegal border crossings. While many of folks crossing  hold jobs, over half of their income is sent back to their home countries and is not spent benefiting the U.S. economy.     What recourse does the bordering country of Mexico, San Diego and Orange Counties have and under what Jurisdiction and law? Step 3: Write a Legal Argument You are either a junior attorney working for the County of San Diego or a Junior attorney representing the State of California; you must choose. In 250 – 300 words give your reasoned LEGAL opinion of what remedies of relief should be available to your client. A copy of the grading rubric is attached to the syllabus. Step 4: Save a Copy and Submit on Canvas under Assignments before the due date and time listed above.

Description 3 section assignment. Assignment (LawFinance123) and instructor-provided examples (3) are attached for reference! Thank you so much for your help!

Description When completing this assignment, review the  "Turning Pharmaceuticals: Fair Profit or Price-Gouging in the drug Industry" . The link to the Harvard Business Course pack is: hbsp.harvard.edu.It is the Ethics, Corporate Social Responsibility and Law section by Professor Simmons. ,or JWU - Simmons - MGMT5900, Summer 2, 2024. APA 7th Edition.    Drug price increases have been a cause for concern and controversy over the past few years. Read the case "Turning Pharmaceuticals: Fair Profit or Price-Gouging in the drug Industry" in the Harvard Business coursepack that you purchased. In an APA-formatted paper of at least 4 pages, not including the cover page and references, discuss the following: Have pharmaceutical companies such as Turning, Gilead, Valeant, and others demonstrated corporate social responsibility? Explain why or why not? How have these companies prioritized their stakeholders? Which stakeholders are most and least prioritized? What steps should companies that manufacture pharmaceuticals take in order to more positively respond to stakeholders and increase their corporate social responsibility? Use concepts from course materials and other research you conduct to inform your paper. Be sure to cite sources that support/provide evidence for what you write.

Description THE CASE OF THE DAREDEVIL Background info: Sam Sham was a motorcycle stuntman who had built an international reputation through decades of daredevil feats. He rode through fire walls, flew over rattlesnakes, set world records for blasting over 14 parked buses, and spent 30 days in a coma when his 151-foot jump over the fountains of Caesar’s Palace hotel came up a few feet short. The Smithsonian Institute honored his deeds, and he built a solid reputation as a community activist and advocate for young people, using his fame to promote anti-drug programs and motorcycle safety. ESPN held an awards program honoring winners in extreme sports (skateboarding, surfing, and motorcycle racing), and photographed many attending celebrities. On its Web site, ESPN.com, the network featured photos from the event, including one that depicted Sham with his right arm around his wife, Edith, and his left arm around a young woman. The caption read, “Sam Sham proves that you’re never too old to be a pimp.” The Shams sued for defamation, claiming that the word “pimp” subjected them to hatred, contempt, and ridicule, and caused several of Sham’s former clients to stop working with him. -Required References There must be at least one reference to chapter/page/lecture note in a student’s discussion. If a student chooses not to participate, no points will be received. Minimal participation will yield partial points. -make response long enough to answer everything thoroughly  The Trial The issue according to the Plaintiff is whether reasonable viewers (and reasonable jurors) might consider the material defamatory. A pimp is a criminal, and a particularly disgusting one at that. The plaintiff could easily prove that Sam Sham has never had anything to do with such revolting conduct. The argument for ESPN was basically: Lighten up. This is a web site for young, hip people who watch extreme sports, use contemporary language, and possess what is known as a sense of humor. The term pimp was not intended as a criminal accusation, nor would any reasonable viewer take it literally.  It was intended as a joke. Questions for Discussion   1. If this is an intentional tort, what elements must be proved by Plaintiff? 2. Does the Defendant have any defenses? 3. If the Plaintiff wins, what might their damages consist of and what would be the basis for the calculations of those damages? 4. Is anyone in addition to ESPN a potential defendant? TEXTBOOK: https://oercommons.org/courses/business-law-and-th...

Description Question 1 Mel is in the market for a new home. She falls in love with a La Mesa townhouse, owned by Steph. Currently renting that townhome is Ted. He, too, loves the home and doesn’t want to move. Mel arrives for a walk through. On the porch is Ted, cleaning his shotgun while taking swigs from a bottle of Jack Daniels. Mel says hello. Ted pulls from his pocket a shotgun shell and, without breaking eye contact, slides the shell into the chamber. Mel shrieks and runs away. Steph, the homeowner, is outraged. She evicts Ted. Ted is angry. He posts on Instagram an A.I. altered video that falsely shows Steph throwing a puppy from a moving car. It goes viral. Steph, a life-long PETA member, is overwhelmed by cyberbullies. She checks into a hospital for treatment of her stress and anxiety. Meanwhile, Ted works as a tree trimmer for Paul’s Landscaping, LLC. While pruning a palm tree he falls 40 feet, suffering from a serious concussion. Paul, the owner, sends Ted to the hospital, telling him he’s on his own since Ted was working as an independent contractor. Ultimately Mel submitted an offer for the townhouse that was accepted by Steph. Before she could pay the deposit she lost her job. Mel tells Steph that she no longer wants to buy the townhome. Next, Steph gets a call from Bob’s Exterminators LLC. Bob just treated her neighbor’s house for termites. Bob saw a swarm of termites fly to Steph’s house so he went ahead and treated the outside of her house, too. He says she owes him $2000 for that service. She refuses to pay. Answer the questions below based on the fact scenario above. Mel calls the police on Ted for the shotgun incident on the porch of Steph’s house. a)If Ted is charged with a crime, which crime will that be? b)As detailed in the class lecture/Canvas PowerPoint, what are the elements of that crime? c)What is Ted’s best defense? Question 2 Base your answers here on the legal issue in Question 1. a)In the class lecture/Canvas PowerPoint, I discussed two elements that the prosecution must show in most criminal prosecutions. List those. b)What scenario did I use in the class lecture/Canvas PowerPoint as an example of the need for the prosecutor to prove these two elements? Question 3 Steph believes that Ted and his shotgun shenanigan is to blame for Mel backing out of the deal to buy her home. She files a civil lawsuit against Ted. a)As an advocate for Steph, what issue will she most likely raise in her civil lawsuit against Ted? b)List the elements of this legal issue as discussed in our course lecture/Canvas PowerPoint video. c)List and explain two possible defenses Ted can raise. Question 4 Now we’ll move on to Ted and his fall from the tree. Paul, the owner of Paul’s Tree Trimming, claims Ted is an independent contractor. a)What test is used in California to determine independent contractor status. b) As an advocate for Ted, apply facts here to show he is not an independent contractor. c)In the class lecture/Canvas PowerPoint video I used as an example of “unauthorized acts” a salesclerk at the retailer Best Buy in the context of an agent’s authority. How was this used? Question 5 Let’s say it’s been six months since Ted fell from the tree. The injury to his brain is permanent, making it difficult to walk, let alone climb trees. He applies for a job as a tree trimmer with Julia’s Tree Trimming service. Julia refuses to hire Ted because he’s unsteady at heights. a)What federal law can Ted use to challenge Julia’s refusal to hire him? b)List the elements of the test, as detailed in our class lecture/Canvas PowerPoint video, the courts use to determine whether Ted meets requirements of this law. c)We addressed this issue in the class lecture/Canvas PowerPoint video, in a case concerning United Airlines and the issue relevant here. In 20 words or fewer – in your own words – what happened there? Question 6 Now let’s take a look at Ted’s posting of the video falsely showing Steph throwing a puppy from a moving car. Steph files a lawsuit against Ted. She’s alleging two torts. One is defamation. For this question, focus on the second tort. a)What legal issue will Steph raise in her lawsuit against Ted, other than defamation? b)What are the elements of the second tort that Steph will raise in her lawsuit, as detailed in our class lecture/Canvas PowerPoint video. c) In our class lecture/Canvas PowerPoint video I used an example of this tort in the context of radio host Howard Stern. In your own words, what happened there. Question 7 Mel backed out of the contract to purchase Steph’s home. Steph files a lawsuit to force the sale. a)Was it necessary for this purchase agreement to be in writing? Explain. b)Would this purchase agreement be considered an express contract, implied contract or quasi contract? Explain. c)If Steph is successful, will she be entitled to punitive damages? Explain. d) In our class lecture/Canvas PowerPoint video I discussed a contract concerning snowboarder Shaun White. What happened there? Question 8 Bob from Bob’s Exterminators LLC files a lawsuit against Steph for payment for the termite eradication. a)What type of contract will Bob try to show exists here? b)List elements of this form of contract, as described In our class lecture/Canvas PowerPoint video? c)In our class lecture/Canvas PowerPoint video I shared the example concerning one having their house painted, in the context of what happened in this case. What happened there. Question 9 Bob’s Exterminators LLC uses the chemical Permethrin to eradicate termites. He manufactures his own with supplies he receives from a chemical company in New Mexico. He has 200 pounds stored in his warehouse. The U.S. Congress, concerned that too much Permethrin on the market will result in falling prices and a shortage, passes legislation banning storage of more than 20 pounds of Permethrin. Bob is told by the EPA to destroy 180 pounds. a)Where in the US Constitution might Congress find the authority to pass such legislation. b)What is the test used to determine whether an act is subject to this legislation? c)Which landmark case, as described In our class lecture/Canvas PowerPoint video, did I use to explain this constitutional principle? Question 10 Bob develops a termite-eradicating chemical that he claims is much safer for the environment, and not regulated by Congress. He calls it Permethrin-Greene. a)What form of intellectual property will protect Bob’s rights to this chemical. b)What test is used by the courts to determine whether he can be granted such protection? c)In our class lecture/Canvas PowerPoint video I shared the example of the “Dad Saddle.” For what purpose did I use that example?

Description Directions: Write a paper in which you discuss the historic and pragmatic relationships between constitutional law and contract law. Include the following in your paper: A brief discussion of the nature of constitutional law in the U.S. Where did it originate? By what right are laws made? Who interprets laws? A discussion of seminal constitutional and contractual case law and the influence of these on modern business. A discussion of the importance of contracts in American business. Why do contracts exist? How might contracts influence the sustainability of a business? A discussion of when to engage legal counsel in the administration or defense of a contract.