You have recently been hired as a business advisor for a retail company seeking to expand both its physical and digital presence. The organization is specifically seeking guidance regarding two offers it has received for:

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Description

 

 

Scenario

You have recently been hired as a business advisor for a retail company seeking to expand both its physical and digital presence. The organization is specifically seeking guidance regarding two offers it has received for:

  1. The purchase of real estate to be used to build a new brick-and-mortar store
  2. A 5-year marketing agreement with a prominent social media network.

You have been tasked with analyzing elements of contracts and providing recommendations for each item above to share with leadership.

Instructions

Write a formal business memorandum that addresses the following:

  • What basic elements would you expect to find in each contract?
  • What type of commonly used contract clauses would you expect to find in each contract?
  • What business recommendations would you share with the company as it proceeds forward? Should it consider accepting the offers? If so, would certain conditions apply?

Be sure to use a professional tone and correct grammar, spelling, punctuation. Please remember to acknowledge any source you use.

Resources

Conclude when a legal and conscionable contract has occurred.

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Description

 

 

Conclude when a legal and conscionable contract has occurred.

Identify when a contract is deemed valid.

  • Explain the rules of contract formation.
  • Assignment Overview
    This case study examines contract law.
  • Deliverables
    1-page paper (approx. 250 words)

Activity Details
Perform the following tasks:

Step 1: Read several scenarios.
Click here to access the “Cases 5” handout.

Step 2: Write responses to the following questions:
Use a word processor (like MS Word) to write a 1-page paper answering the following essay questions:

Case 10.3: Answer the question presented in the case.

Case 10.4: Is the clause in the delivery memo part of the sales contract?

Problem #1: Is Sally’s claim valid and enforceable?

Overtime Exemptions Worksheet

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Description

 

 

Read EG chapter 7 and the Overtime Exemptions Regulations (I will attach these) and work on the Overtime Exemptions Worksheet

Overtime Exemptions Worksheet

Note: The “white collar” exemption means the exemption from overtime pay for bona fide executive, administrative, and professional employees. See pp. 152-155.

1. To qualify for the white collar exemption from overtime, a worker must be paid a weekly salary of at least: $_________

Hint: The law changed 5 months after the book was published.

2. Which deductions can be taken from the salary of a white collar employee?Type yes or no. Or maybe.

_____ 4 hours pay for the half day the manager took off for a dentist appointment

_____ one day’s pay for a day of intermittent unpaid leave under the FMLA

_____ two day’s pay for the two days the manager was out sick

3. Which overtime exemption applies to the worker?

Executive, Administrative, Professional, or None. Or maybe. Assume they are paid a weekly salary above the legal minimum.

___ Carla is a hotel night auditor. She reviews the day’s business records, prepares daily financial reports, and prepares bank transactions. She doesn’t supervise anyone.

___ Wolfgang is a lead cook at Spargo restaurant. He spends most of his time cooking, but he also assigns work to the other cooks and schedules their breaks.

___ Rachel is a shift manager at a small restaurant. She is responsible for managing the entire restaurant during most of the shift, but she spends more than half of her time seating customers, running food orders, and keeping the bar area clean.

___ Robert is the human resources professional responsible for making sure the company complies with all of the minimum wage and overtime laws. He supervises one part-time worker who helps him collect work records to review.

___ Russell is an assistant front desk manager. He spends most of the time supervising the front desk agents and also interviewing job applicants. When it gets busy at the front desk, he helps the agents checking guests in and out.

___ Jane is a manager at Starbuck’s. Go ahead and Google it. Seriously.

stablish the current practices of the organization and examples of ethical issues faced in the past. Then, offer suggestions for improvement. Be practical, bold, innovative, and as thorough as you can.

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The CEO of the organization for which you currently work or volunteer (or have worked or volunteered for in the past) makes the following request: “I understand you are taking a Corporate Social Responsibility course at CSUN. I’m very interested in seeing that we make CSR a practical part of everything we do here. Please utilize the knowledge you’ve gained in the aforementioned course to develop a plan for incorporating CSR into our company’s culture and business activity, helping us to become a ‘Leading Corporate Citizen’. Be sure to include the following concepts in your work: 1) leading corporate citizenship, 2) the three spheres of human civilization, 3) personal and organizational vision, 4) values in management practice, 5) value added via vision and values, 6) stakeholders in terms of relationships, 7) managing responsibility and corporate citizenship, 8) investment and assessment, 9) sustainability, 10) global standards, 11) value added via global futures, 12) leading global futures, and 13) Conscious (Business) Ethics.”  Note that the first 12 concepts that must be included in your paper correspond to the same chapter in the textbook, and C(B)E correlates to the concept we’ve addressed in lectures throughout the course. Respond to this request by preparing a plan that deals with the steps to be taken to incorporate CSR into the culture and business activity of your organization. Your research paper (APA or MLA format) should include a discussion of the various CSR issues facing your company and the solutions you seek to employ. Establish the current practices of the organization and examples of ethical issues faced in the past. Then, offer suggestions for improvement. Be practical, bold, innovative, and as thorough as you can. Draw upon insights from assigned readings plus ideas gained from class lectures. Use resources from your company, readings, etc., and document all sources you use. This paper is due on the last day of class. It will be graded in accordance with the rubric you have been presented. Please be very sure that it is carefully proofread and that it does not contain any errors. Write it as if the CEO of your organization is going to read it.

According to the videos that we watched, how can you work to ensure that ethical considerations stay in your frame of reference when you make decisions in your career and your life?  What specific advice did the videos offer

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Question Description

I’m working on a Business Law question and need guidance to help me study.

 

We watched two videos explain how our ethical judgments are impacted just by how situations we face are posed or viewed, in other words, by the process known as framing (or point of view).  At Enron, employees manipulated its financial statements. At the time of these unethical actions, the employees’ frame of reference was loyalty to the company and maximizing stock price. Had they thought of the bigger ethical picture – for example, the impact of their actions on other people’s pension funds and wrecked lives – they may have acted differently.

According to the videos that we watched, how can you work to ensure that ethical considerations stay in your frame of reference when you make decisions in your career and your life?  What specific advice did the videos offer?

video 1: https://youtu.be/bOpf6KcWYyw : 1:37 min

video 2 : https://youtu.be/JWb_svTrcOg : 2:23 min

In this week, I would like to you to watch the following 5 videos. These videos will help you understand how the federal government is able to regulate individuals and the individual states. 

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Week 4 Reading

Please read the following:

  • Walter Nixon v. United States                        Judicial Impeachment
  • The Steel Seizures Case                                   Presidential Powers
  • United States v. Richard Nixon                       Presidential Immunity
  • Trump v. Hawaii                                                Immigration/Entry to U.S.

 

Videos_Overview

In this week, I would like to you to watch the following 5 videos. These videos will help you understand how the federal government is able to regulate individuals and the individual states.

Video 1: Quimbee – Nixon v. United States https://youtu.be/b6T_DQz5nKE

Video 2: How U.S. v. Nixon Changed Presidential Power <iframe title=”vimeo-player” src=”https://player.vimeo.com/video/127080182″ width=”640″ height=”360″ frameborder=”0″ allowfullscreen></iframe>

Video 3: Executive Power https://youtu.be/ZUH-reHU7NM

 

Video 4: Expanding Executive Power https://youtu.be/y04A6tRp2nU

Video 5: John Roberts on Justice Robert H. Jackson

https://youtu.be/0cfuWj52jQM

 

 

 

 

This discussion assignment has two parts. You need to complete both parts. 

Part 1

In Federalist Paper 78, Alexander Hamilton famously labeled the judiciary as the “least dangerous branch.” After reading the following excerpt, discuss which one of the three branches of the federal government, between the Legislature, the Executive or the Judiciary, truly is the “least dangerous.”

Or, if you would prefer, discuss which one of the three branches is the most powerful.

Choose ONLY ONE branch as either the least dangerous or the most powerful.

Here is the excerpt:

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

After making your selection, explain your choice in 150 words or less.

Your post is due no later than 11:59 pm CST on Saturday, February 13, 2021.

Part 2

In your responsive post, you must provide a counter-point to one classmate’s post. Respond to one — and only one — classmate’s post. Please comment on a different student’s post than you have done in past classes. The value in these exercises comes from exposing our ideas to a variety of viewpoints.

While I expect a high degree of civility in responses, I also expect you will think through the strong points and weak points of each post.  For example, if someone chose the Executive as the least dangerous branch, counter that choice in a professional tone with reasoned analysis. You cannot use adjectives or adverbs in your response.

Your response is limited to 100 words or less.  I recognize this is a change from the first 2 weeks.  You do not have to reach the maximum word count.  But you cannot exceed the maximum word count.

Your response to a classmate’s post is due no later than 11:59 pm CST on Monday, February 15, 2021.

 

You are required to complete both portions of this assignment — an original post taking your own position and a counter-post challenging another classmate’s position.  There are 2 separate due dates.  Your post is due on Saturday.  Your responsive post is due on Monday.

If you were the judge in the case, would you consider Gellene’s explanation that he was over-worked and overstressed as an excuse for any part of his behavior? Why or why not? Explain.

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Question Description

I don’t understand this Business Law question and need help to study.

 

A conflict of interest arises when what is in a person’s own best interest is not in the best interest of another person or organization to which that individual owes loyalty. The lawyer’s code of professional responsibility prohibits a lawyer from accepting a case in which there is a conflict of interest. John Gellene, a highly-skilled bankruptcy attorney, was sentenced to 15 months in prison for failing to disclose his conflicts of interest (i.e., the connections among his clients Milbank Tweed, South Street, and Salovaara) to the bankruptcy court when he accepted a case. Gellene was “not a bad guy,” according to the prosecutor in the case who said it “made him nauseous to see how hard Gellene had been working” and suggested that Gellene was “overstressed and overworked.”

If you were the judge in the case, would you consider Gellene’s explanation that he was over-worked and overstressed as an excuse for any part of his behavior? Why or why not? Explain.

 

he truck drivers’ interpretation of the legislation came down to the placement, or lack thereof, of one comma. Where in this legislation can you find a grammatical ambiguity that helps the truck drivers. Explain.

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Description

 

 

Contracts, laws and jury instructions often contain ambiguous and unnecessarily complicated language. Here’s a link to a Ted Talk on the subject:

Link (Links to an external site.)

Here’s an article that digs a bit deeper into contract drafting:

Link (Links to an external site.)

Let’s take a look at a real life example of how poorly drafted legislation can lead to a very costly lawsuit. Three truck drivers in Maine sued the dairy company that employed them for four years’ worth of overtime pay. The plaintiffs claimed they were covered under Maine’s overtime law that requires one-and-a-half pay for hours worked each week over 40. The overtime law included several exemptions, meaning some workers were not entitled overtime pay. Exemptions were included for those involved with:

“The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of:

a. Agricultural produce;

b. Meat and fish products; and,

c. Perishable foods

Answer these questions. Be sure to number your answers:

1. The truck drivers’ interpretation of the legislation came down to the placement, or lack thereof, of one comma. Where in this legislation can you find a grammatical ambiguity that helps the truck drivers. Explain.

2. Concerning contract drafting, courts typically interpret ambiguous contract terms against the drafter of the contract, especially when the drafting party has a superior bargaining position, with greater experience of the assistance of counsel. Imagine you are negotiating for the purchase of a ranch in Montana. You hire a high priced attorney to draft the agreement. The ranch owner, with no legal experience, decides to save money and represent himself. An ambiguous term in the contract is later interpreted in the rancher’s favor. Is that fair? Explain.

When a plaintiff is suing a defendant, the defendant may raise an affirmative defense to relieve it of liability or to reduce its liability.

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When a plaintiff is suing a defendant, the defendant may raise an affirmative defense to relieve it of liability or to reduce its liability. Please read the following scenario and then you will decide the outcome.

Frosty and Crystal decided to go to enjoy the winter weather at Mount Snowhill. While snowboarding down a slope, 17-year-old Frosty was engaged in a snowball fight with his good friend 15-year-old Jack Frost. As Frosty was preparing to throw a snowball at his friend, Frosty slammed into Rudy, who was working as a ski school instructor for Mount Snowhill, and injured him. Rudy sued Frosty for damages for dangerous and reckless behavior. The defense contended that the claim was barred under the doctrine of assumption of risk, applicable in the state, arising from the risk inherent in the sport that allows for vigorous participants and frees a participant from a legal duty to act with due care. Decide.

Do you think that the fellow inmate’s advice was correct in saying that Libby could not be retried for the murder of her husband who faked his death and for which she was originally tried and convicted

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You may need to refer to the United States Constitution and some additional resources about double jeopardy. How many of you have seen Double Jeopardy with Ashley Judd and Tommy Lee Jones?

I have seen it once and thought it was a good movie. If you haven’t seen it or need to review the storyline, please feel free to borrow it from a library, rent it, etc. You may also use Wikipedia to look up the 1999 movie called Double Jeopardy and read the plot, especially the first three paragraphs. Libby Parsons has been tried and convicted for murdering her husband, Nick. As it turns out, Nick’s body was never found and he really faked his death. A fellow inmate tells Libby that if she ever gets parole, she could kill Nick with impunity because of the Double Jeopardy clause in the Fifth Amendment to the U.S. Constitution.

Do you think that the fellow inmate’s advice was correct in saying that Libby could not be retried for the murder of her husband who faked his death and for which she was originally tried and convicted