Applying the Law to a Set of Facts. 1. If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant. 2. In which state or states can the suit be brought? Explain the advantages and disadvantages of federal versus state court for this type of suit. Guided Response: Analyze and respond to at least two of your classmates’ postings. Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not. Tort or Crime. In Chapter 1 of the text you read about the Bailey v. Eminem defamation case where the court held Eminem’s lyrics were protected by the First Amendment. Read the article and view the video (the links are listed under Week 1 Additional Learning Resources Required and Week 1 Multimedia Required) to the Pahler v. Slayer case. 1. Did the Pahler court use the same reasoning as used in Bailey v. Eminem? 2. Should the court’s decision in Pahler be different because a young girl was murdered? 3. Recall the difference between a crime and a tort.
Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans. Elements of a Contract. Read the Case Campbell Soup Co. v. Wentz in the text. 1. What were the terms of the contract between Campbell and the Wentzes? 2. Did the Wentzes perform under the contract? 3. Did the court find specific performance to be an adequate legal remedy in this case? 4. Why did the court refuse to help Campbell in enforcing its legal contract? 5. How could Campbell change its contract in the future so as to avoid the unconstitutionality problem? BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC). The Uniform Commercial Code (UCC). Under UCC 2-302, who has the best chance of getting out of the contract due to unconsionability? The symbol for justice features a woman wearing a blindfold illustrating that the law should be applied the same way regardless of who the parties are. Does the UCC rule seem to contradict this? Which approach do you think is more ethical?
Note that both Glamour and Shady Rest are businesses, and courts rarely find that contracts between two businesses are unconscionable. The rationale is that a business is a sophisticated entity, familiar with transactions and able to protect itself. Do you think Glamour and Shady Rest are in a comparable position in regard to this contract? Why or why not? Critical Analysis Paper. Give an example of a contract that you or someone you know entered into (for example, rental agreement, cell phone agreement, property purchase or lease—car, home, furniture, etc.; home or car repair, student loan agreement). Apply the five essential elements of an enforceable contract to your example and answer the following questions. 1. Was the contract successfully fulfilled? 2. Was there a breach of the contract? 3. If so, what remedies were available? Employment-at Will. Should the law allow an employer to fire an employee without a good reason? Conduct research to provide examples to support your position and use your own personal employment experiences when possible. Have you observed situations where an employee was fired? Did the employer give a reason? Do you believe the employer’s actions were legal?
A Principal’s Responsibility for the Actions of Their Agent. Karen is shopping at Big Mart. She has with her an umbrella which is the same brand Big Mart carries. When a Big Mart employee, Steve, sees her leave with the umbrella without going through the checkout lane, he asks her to come back into the store. Steve says that he thinks Karen is shoplifting the umbrella. Karen tells him that she has had the umbrella for years and shows him marks of wear and tear. Steve apologizes and tells Karen she is free to go. Can Karen successfully sue for false imprisonment or defamation? From what you have learned about the relationship between a principal and an agent, analyze whether Steve or Big Mart could be liable because of Steve’s actions. Provide a summary/abstract/annotation of the article, which means to list the major topics discussed in the article. Real, Intellectual, and Personal Property. List two characteristics each of real, intellectual, and personal property.