311 Week 8 quiz / For WIZARD KIM

  

1. Fact pattern: Joe and James are brothers who decide to go into a landscaping business together. Joe has most of the money to put up and James has extensive gardening knowledge. They will need to have at least a couple employees to help do the work. They are trying to decide how to organize the business — a general partnership, a limited liability company or a corporation.

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Question: Using your required readings on forms of business organizations, explain the pros and cons of each of these types of business forms and recommend which one you would choose in this scenario and why.

2. Fact Pattern:  Joe operates a construction company. His business includes demolition work.  Joe agrees to demolish Chuck’s warehouse building at 1234 Ditchwork Lane. Alas, he proceeds to destroy a similar looking garage building on the other side of the street at 1243 Ditchwork Lane.

Question:  Apply and discuss concepts that you learned in your required readings about CONTRACT to this scenario. Cite your sources in APA format. Failing to cite your sources will result in no credit (-0-) for the question.

3. Fact pattern: April works for ABC Corporation as a receptionist. Harold is her supervisor. Harold has asked April out on a date three times and she has politely refused each time, explaining that she is in a committed relationship. Frustrated, Harold writes her up for being late to work, which is untrue. 

Question: Using your required readings, explain what April should do; which law Harold has violated (and how), if any; and whether ABC Corporation could be held responsible for Harold’s actions (and why or why not).

Answer using references from the attachments down below named “references”. Cite in APA.

Hasl-Kelchner, H. (2006). The business guide to legal literacy: What every manager should know about the law. [Books24x7 version]. Appendix C – The Lessons of Sarbanes-Oxley. Available at 

http://ezproxy.apus.edu/login?url=http://ebooks.apus.edu/BUSN311/AppendixC

The Sarbanes Oxley Act. (2012, February 9). thatnewbeat. YouTube. [Video File.]  Available at  

 (4:46 min)

Maffei, S. (2011). Personal liability of corporate shareholders in New York. Review Of Business, 31(2), 110-114.  Retrieved from 

http://search.ebscohost.com.ezproxy1.apus.edu/login.aspx?direct=true&db=bth&AN=66249887&site=ehost-live.

 

Piercing the corporate veil. (n.d.) Legal Information Institute. Retrieved from 

https://www.law.cornell.edu/wex/piercing_the_corporate_veil

Friedman, M. (1970, September 13). The social responsibility of business is to increase its profits.  New York Times Magazine. Retrieved from 

http://umich.edu/~thecore/doc/Friedman

Barlas, R. (2016). Friedman’s theory of social responsibility for business in the 21st century. J. of Integrated Stud., 8(1), n.p.  Available at: 

http://jis.athabascau.ca/index.php/jis/article/view/166/338

Lange, D., & Washburn, N. T. (2012). Understanding attributions of corporate social irresponsibility. Academy Of Management Review, 37(2), 300-326. doi:10.5465/amr.2010.0522. Available in University library. (Search by authors or title.)

What is corporate social responsibility? (2019). University of Edinburgh, webpage. Available at 

https://www.ed.ac.uk/careers/your-future/options/occupations/csr

 (NOTE: In addition to definitional explanation of CSR, consider this reading in context of modern trend of CSR in business globally.)

Micewski, E. R., & Troy, C. (2007). Business ethics – deontologically revisited. Journal of Business Ethics, 72(1), 17-25. doi:10.1007/s10551-006-9152-z.  Available in University library. (Search by authors, title, or doi)

Schaefer, B. P. (2008). Shareholders and social responsibility. Journal of Business Ethics, 81(2), 297-312. doi:10.1007/s10551-007-9495-0. Available in University library. (Search by authors, title or doi)

Spence, D. (2011). Corporate social responsibility in the oil and gas industry: The importance of reputational risk. Chicago-Kent Law Review, 86, 59-85. Retrieved from: 

https://repositories.lib.utexas.edu/bitstream/handle/2152/40348/2011_01_01_Corporate%20_Social_Responsibility ?sequence=2 

 

Verschoor, C. C. (2010). BP still hasn’t learned ethical lessons. Strategic Finance, 92(2), 13-15. Available in University Library.  (Search by author or title.)

Chapter One in: Halbert, T., & Ingulli, E. (2008). 

Law & ethics in the business environment
.

 (6th ed ed.). Mason, OH: South-Western Pub.

[Read the following 3 blogs of David Gebler together, each 1 page. They are in sequence]: 

Gebler, D. (2010, April 14). Banana logic. Blog: Business Ethics, Culture and Performance. Retrieved from 

https://managementhelp.org/blogs/business-ethics/2010/04/14/banana-logic/

Gebler, D. (2010, April 19). Toyota ethics: Questions to get answers. Blog: Business Ethics, Culture and Performance. Retrieved from 

https://managementhelp.org/blogs/business-ethics/2010/04/19/toyota-ethics-questions-to-get-to-answers/

Gebler, D. (2010, April 28). Goldman Sachs – Trust, corporate culture and societal expectations. Blog: Business Ethics, Culture and Performance Retrieved from 

https://managementhelp.org/blogs/business-ethics/2010/04/28/goldman-sachs-trust-corporate-culture-and-societal-expectations/

Danzig, J. (2012, August 6). Jon Danzig asks about business ethics. YouTube. [Video File.] Available at http://www.youtube.com/watch?v=pmA9VCS32Cs (3:55 min)

Kaye, L.  (2015, February 19). Five years after Deepwater Horizon, can BP repair its reputation? Marketing and Comms. Sustainable Brands. Retrieved from 

https://www.sustainablebrands.com/news_and_views/marketing_comms/leon_kaye/five_years_after_deepwater_horizon_can_bp_repair_its_reputa

United States Equal Opportunity Employment Commission. (n.d.) Overview. Retrieved from 

http://www1.eeoc.gov/eeoc/index.cfm

United States Equal Opportunity Employment Commission. (n.d.) Prohibited employment policies/practices. Retrieved from 

http://www.eeoc.gov/laws/practices/index.cfm

United States Department of Labor (n.d.) Summary of the major laws of the Department of Labor. Retrieved from 

https://www.dol.gov/general/aboutdol/majorlaws

United States Equal Opportunity Employment Commission. (n.d.) Laws enforced by EEOC. Retrieved from 

http://www.eeoc.gov/laws/statutes/index.cfm

United States Equal Opportunity Employment Commission (n.d.) Workplace laws not enforced by the EEOC. Retrieved from 

http://www1.eeoc.gov/laws/other.cfm

Hasl-Kelchner, Hanna. (2006). The business guide to legal literacy: what every manager should know about the law.

Judicial Education Center. (n.d.) Contract law. University of New Mexico.  Retrieved from  

http://jec.unm.edu/education/online-training/contract-law-tutorial

Missouri Bar Center. (2008).  Forms of business  organizations. Findlaw.  Retrieved from 

http://corporate.findlaw.com/corporate-governance/business-organizations.html

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). Available at 

http://www.supremecourt.gov/opinions/09pdf/08-205

 Marcantel, J. (2010, June 5). The corporation as a “real” constitutional person. U.C. Davis  Bus. L.J. 11.  Available  at 

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1620993

Arnold, C. (2009, October 15). Small businesses squeezed as banks limit lending.  NPR. ]Web]. Retrieved from 

http://www.npr.org/templates/story/story.php?storyId=113816657

The truth about monopolies and anti-trust laws. [Video File.]  Available at   

https://www.youtube.com/watch?v=MeSFawZ_qNA 

Chernoff, Vilhauer, McClung & Stenzel, LLP. (2008). Patent law you can use, part II.  Findlaw. Retrieved from 

http://corporate.findlaw.com/litigation-disputes/patent-law-you-can-use-part-2.html

Eisenberg. (2008).  Patent law you can use, part I.  Findlaw. Retrieved from 

http://corporate.findlaw.com/intellectual-property/patent-law-you-can-use-part-1.html

Huber, P. (2018, Autumn). Who owns the code of life? City Journal. [Web version.]  Retrieved from 

https://www.city-journal.org/html/who-owns-code-life-13601.html

Stuerer, M. (2008). Executive summary of the antitrust laws. Findlaw.  Retrieved from 

http://corporate.findlaw.com/business-operations/executive-summary-of-the-antitrust-laws.html

Romine, N., Stephonson, M., Uthe, J., Ye, H., & Chen, L. (2013). Case study: Patenting human genes.[PDF]. Retrieved from 

https://jwcwolf.public.iastate.edu/336/Myriad%20Genetics%20Case%20Study%202011%20rev%202013

Forehand, M. (2008) Overview of a lawsuit. Findlaw.

http://corporate.findlaw.com/litigation-disputes/overview-of-a-lawsuit.html

Wagner, A. (2017, September 26). What really motivates people to be honest in business. TED. YouTube

Reorganization under the Bankruptcy Code. U.S. Courts.

http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter11.aspx

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