Southern New Environmental Law and Business Organizations Case Study Paper BUS 206 Final Project Guidelines and Rubric Overview Business law impacts our ev

Southern New Environmental Law and Business Organizations Case Study Paper BUS 206 Final Project Guidelines and Rubric Overview Business law impacts our everyday lives, both personally and professionally. Businesses enter contracts, manufacture goods, sell services and products, and engage in employment and labor practices—activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business world. The final assessment for this course will require you to analyze three case studies and produce a short report for each. You will apply your legal knowledge and your understanding of the types of business organizations. The project is divided into three milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three, Five, and Six. The final project will be submitted in Module Seven. This assessment addresses the following course outcomes: ? Apply appropriate elements of the U.S. legal system and the U.S. Constitution to business scenarios for impacting decisions in authentic situations ? Apply concepts of ethics, morality, and civil and criminal law to business scenarios for informed corporate decision making ? Analyze the basic elements of a contract and a quasi-contract for their application to commercial and real estate scenarios ? Differentiate between the various types of business organizations for informing rights and responsibilities Prompt Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studies and compose a short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on areas of law covered in this course. Case Study One focuses on the legal system, criminal law, and ethics. Case Study Two concentrates on contracts and landlordtenant law. Case Study Three involves environmental law and business organizations. Case Study One Chris, Matt, and Ian, who live in California, have decided to start a business selling an aftershave lotion called Funny Face over the internet. They contract with Novelty Now Inc., a company based in Florida, to manufacture and distribute the product. Chris frequently meets with a representative from Novelty Now to design the product and to plan marketing and distribution strategies. In fact, to increase the profit margin, Chris directs Novelty Now to substitute PYR (a lowcost chemical emulsifier) for the compound in Novelty Now’s original formula. PYR is not FDA approved. Funny Face is marketed nationally on the radio and in newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and public speaker, buys one bottle of Funny Face over the internet. After he uses it once, his face turns a permanent shade of blue. Donald Margolin and his company, Donald Margolin Empire Inc., file suit in the state of New York against Novelty Now Inc. and Chris, Matt, and Ian, alleging negligence and seeking medical costs and compensation for the damage to his face and business reputation. It is discovered that PYR caused Margolin’s skin discoloration. The website for Funny Face states that anyone buying their product cannot take Chris, Matt, and Ian to court. Novelty Now’s contract with the three men states that all disputes must be brought in the state of Florida. Specifically, the following critical elements must be addressed: A. Apply the rules of jurisdiction to the facts of this case and determine what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, respectively. Consider federal court, state court, and long arm principles in your analysis. B. Assume all parties agree to pursue alternative dispute resolution (ADR). Analyze the advantages and disadvantages of two types of ADR appropriate for this case. Be sure to define the characteristics of each in your answer. C. Applying what you have learned about ADR, which type would each party (Funny Face, Novelty Now, and Margolin) prefer and why? D. Apply concepts of criminal law and discuss whether or not corporations and/or corporate officers may be held liable for criminal acts. E. Identify, per the classification of crimes in the text, any potential criminal acts by Funny Face and/or Novelty Now. F. Assume the use of the emulsifier PYR, at the direction of Chris, is a criminal offense. Apply concepts of criminal law and discuss the potential criminal liability of Funny Face, Chris, Matt, Ian, and Novelty Now. Include support for your conclusion. G. Apply at least three guidelines of ethical decision-making to evaluate ethical issues within the case study. Case Study Two Sam Stevens lives in an apartment building where he has been working on his new invention, a machine that plays the sound of a barking dog to scare off potential intruders. A national chain store that sells safety products wants to sell Sam’s product exclusively. Although Sam and the chain store never signed a contract, Sam verbally told a store manager several months ago that he would ship 1,000 units. Sam comes home from work one day and finds two letters in his mailbox. One is an eviction notice from his landlord, Quinn, telling him he has to be out of the apartment in 30 days because his barking device has been bothering the other tenants. It also states that Sam was not allowed to conduct a business from his apartment. Sam is angry because he specifically told Quinn that he was working on a new invention, and Quinn had wished him luck. The second letter is from the chain store, demanding that Sam deliver the promised 1,000 units immediately. Specifically, the following critical elements must be addressed: A. Analyze the elements of this case to determine whether a valid contract exists between Sam and the chain store. Support your response by identifying the elements of a valid contract in your analysis. B. Assume there is not a valid contract between Sam and the chain store. Analyze the elements of a quasi-contract and a promissory estoppel to determine whether the chain store would prevail on a claim of either. Why or why not? Include support for your analysis. C. Identify the rights and obligations of both the landlord and tenant under a standard residential lease agreement. D. Based upon those rights and obligations, does Sam’s landlord have grounds to evict? Why or why not? E. Further, what defenses might Sam raise to an eviction action? Support your response. Case Study Three Jeb and Josh are lifelong friends. Jeb is a wealthy wind-power tycoon, and Josh is an active outdoor enthusiast. They have decided to open a sporting goods store, Arcadia Sports, using Jeb’s considerable financial resources and Josh’s extensive knowledge of all things outdoors. In addition to selling sporting goods, the store will provide whitewater rafting, rock-climbing, and camping excursions. Jeb will not participate in the day-to-day operations of the store or in the excursions. Both Jeb and Josh have agreed to split the profits down the middle. On the first whitewater rafting excursion, a customer named Jane falls off the raft and suffers a severe concussion and permanent damage to her spine. Meanwhile, Jeb’s wind farms are shut down by government regulators, and he goes bankrupt, leaving extensive personal creditors looking to collect. Specifically, the following critical elements must be addressed: A. Identify the main types of business entities and discuss the advantages and disadvantages of each. B. Recommend a specific business entity for Arcadia Sports and include your reasoning. C. Based on the characteristics of each type of business entity, determine the type under which Jeb and Josh would be personally liable to Jane for damages. D. Based on each type of business entity, analyze the ability of Jeb’s personal creditors to seize the assets and/or profits of Arcadia Sports. Milestones Milestone One: Case Study One In Module Three, you will submit the first milestone. For this milestone, you will review Case Study One and compose a short report, applying your legal knowledge and understanding of the types of business organizations. Case Study One focuses on the legal system, criminal law, and ethics. This milestone will be graded with the Milestone One Rubric. Milestone Two: Case Study Two In Module Five, you will submit the second milestone. For this milestone, you will review Case Study Two and compose a short report, applying your legal knowledge and understanding of the types of business organizations. Case Study Two concentrates on contracts and landlord-tenant law. This milestone will be graded with the Milestone Two Rubric. Milestone Three: Case Study Three Discussion In Module Six, you will submit the third milestone. This milestone is a discussion regarding business entities and their advantages and disadvantages. Your active participation in this discussion topic is essential to improving your understanding of the advantages and disadvantages of the various business entities. Actively engaging with your peers will help you complete the remaining critical elements in the third case study for your final submission. This milestone will be graded with the Milestone Three Rubric. Final Project Submission: Case Study Analyses In Module Seven, you will submit your final project. It should be a complete, polished artifact containing all of the critical elements of the final product. It should reflect the incorporation of feedback gained throughout the course. This submission will be graded with the Final Project Rubric.

1 hour ago

doneseen1 hour ago

the professor also added this extra questions

Part Three (Josh and Jeb) IS NOT THE SAME.

There are some new questions that were not covered in the discussion board. Please be sure to carefully read and respond to the new questions. They are B. C and D below.

A. Identify the main types of business entities and discuss the advantages and disadvantages of each.

B. Recommend a specific business entity for Arcadia Sports and include your reasoning.

C. Based on the characteristics of each type of business entity, determine the type under which Jeb and Josh would be personally liable to Jane for damages.

D. Based on each type of business entity, analyze the ability of Jeb’s personal creditors to seize the assets and/or profits of Arcadia Sports.

1 hour ago

doneseen1 hour ago

If you may help me I would really appreciate it the paper is due by Sunday at least if i may have it the latest by 8:00 pm that would be great or even earlier but the latest 8:00 pm . Thank you

1 hour ago

doneseen1 hour ago

this was his feedback and the paper

Case Study One: Rules of Jurisdiction: Enly,

The defendants did business in New York when they sold to Margolin on the Internet.
Case Study One: Alternative Dispute Resolution: The parties could engage in mediation. This method is used in instances where the business relationship in this case study, needs to be maintained. A mediator is appointed, to help with the communication between parties to try and find a solution themselves.

Good definitions
Case Study One: ADR Preference: Good reasons for preferences. More nuance for exemplary.
Case Study One: Criminal Acts: Corporations and cooperate officers may be held liable under criminal for any criminal activities carried out. They are also liable under respondent superior tort theory and failure to stop a crime from happening.

Good. Please discuss the responsible corporate officer doctrine!
Case Study One: Potential Criminal Acts: Therefore, that was wrongful deception so that they can gain financial benefits (Kubasek et al., 2013).

Good but only a partial definition of fraud.
Case Study One: Potential Criminal Liability: Novelty Now used an unapproved formula. Therefore, they have to be held accountable in form of criminal charges as well as compensation for side effects of adding the PYR component in the Funny Face lotion.

What other crimes? Did you assume that even using PYR was a crime as the prompt requested?
Case Study One: Ethical Decision-Making: Very good WPH analysis!

Articulation of Response: Submission is free of errors related to citations, grammar, spelling, syntax, and organization and is presented in a professional and easy to read format Running Head: CASE STUDY: BUSINESS LAW
Case Study: Business Law
Enly Medina
Southern New Hampshire University
04/11/2019
1
CASE STUDY: BUSINESS LAW
2
Case Study: Business Law
Rules of Jurisdiction
Jurisdiction as a legal term refers to the exercising of authority things and persons within
a particular territory. It gives a court or a judge the ability to hear and decide on cases and
lawsuits. The term may also be applied to a geographical area in which a specific political power
is in charge. It is broken down into three different sub-categories, jurisdiction over a person,
subject matter and jurisdiction to render judgements in cases and suits. The first thing to consider
when a law suit or case has been filed is the place where it will be heard. In this case, both
subject matter jurisdiction and personal jurisdiction will play an important role. Nonetheless, a
judge needs both types of jurisdiction in order to hear a case (Kubasek et al., 2013).
In business law, subject matter comes first then follows person jurisdiction. For instance,
case study provided has the subject matter of negligence. The case has been fined against
Novelty Now as well as against Chris, Matt and Ian. Therefore, for jurisdiction of person, it is
crucial to look at where the owners of the business reside, that is California. However, the case
cannot be heard in California since the three friends participated in two main contractual
agreements that will protect them and free the. First in the fact that the website clearly states that
buyers cannot take them to court. Second is the contract that is between the three of them and
Novelty Now that any cases brought against them would be heard in the state of Florida
(Michaels, 2016).
Other than the above listed contractual agreements, there is another legal framework that
can be used to ensure the case is heard in Florida. That is, the case for minimal contact. The three
friends by law contracted services from Novelty Now for manufacturing sale and distribution.
CASE STUDY: BUSINESS LAW
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This means that Novelty Now had full control on what to do to the product from a business
perspective. All the three legal perspectives show that the suit filed by the complainant in the
State of New York can be heard and decided in a Florida court as jurisdiction has been
established.
Such a case would typically be heard in a state court as opposed to a federal court.
However, the federal court would take jurisdiction if the case pushes Novelty Now to file for
bankruptcy. The three friends can only be involved in the case or prosecuted if the Judge invokes
the long arm statute. Which allows for prosecution of individuals or businesses that operate
outside the state.
Alternative Dispute Resolution
Chris, Matt and Ian could also choose to use an alternative dispute resolution instead of
taking the case to court. This process will allow both parties to avoid litigation and find an
excellent solution that would benefit all parties.
Application of Alternative Dispute Resolution
The parties could engage in mediation. This method is used in instances where the
business relationship in this case study, needs to be maintained. A mediator is appointed, to help
with the communication between parties to try and find a solution themselves. It is more
appropriate since the decision is left to the parties with the mediator allowing for constructive
communication. Mediation is also beneficial since it increases the amount of control that the
parties have in the matter as well as the resolution. It also takes less time and will be more cost
effective as opposed to litigation and for this reason preferred by Novelty Now and Funny Face.
CASE STUDY: BUSINESS LAW
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However, one of the parties may be unwilling to come for mediation or both parties could
be caught in a lengthy process without actually coming to any resolutions.
The other appropriate method is a settlement conference. In this process both parties meet
with their lawyers in front of a judge or another neutral person in a bid to find a settlement for
the case. This method would be appropriate because the business is at fault. This would allow
them more control in terms of the settlement and still allow them operational control of their
business after the litigation is done. It also allows for the presence of an expert as the case has a
lot of details that need to be interpreted. It may be time consuming and preferred by Margolin as
it has chances of getting a good settlement (Menkel-Meadow, 2015).
Cooperate Liability
Corporations and cooperate officers may be held liable under criminal for any criminal
activities carried out. They are also liable under respondent superior tort theory and failure to
stop a crime from happening.
Classification of crime
Funny Face and Novelty Now engaged in fraud. Both parties engaged in a felony where
they knowingly conducted fraudulent activity. They utilized unapproved component, PYR, in the
manufacture of Funny Face lotion. Chris directed the company, Novelty Now to use the
component. Therefore, that was wrongful deception so that they can gain financial benefits
(Kubasek et al., 2013).
Potential Criminal Liability
CASE STUDY: BUSINESS LAW
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Novelty Now used an unapproved formula. Therefore, they have to be held accountable
in form of criminal charges as well as compensation for side effects of adding the PYR
component in the Funny Face lotion. Under the direction of Chris, he also becomes criminally
culpable under the Respondent superior tort theory and his friends due to failure to prevent the
criminal activity. The committed crime has a sentence of more than one year (Kubasek et al.,
2013).
Ethical Issues and the use of WPH process of ethical decision making
From an ethical stand point, using an unapproved formula in the product was wrong.
They should have identified the problem; which is the lack of approval, found an alternative;
which using an approved formula or third getting a solution by getting the FDA approval (May,
2017).
The WPH framework entails the whom, the purpose and the how. The whom concept
ascertains the individuals who were impacted by the company’s operations. The customers of the
company, Funny Face, were affected by the decision made by Chris, Matt and Ian, and Novelty
Now when they added the PYR component on the Funny Face lotion.
In addition, in determining the purpose of the decision made by the parties, the
framework seeks to comprehend the motivation behind the decision. The addition of the PYR
component was made so that parties involved could benefit financially.
Finally, the how component takes into consideration the decision made in trying to meet
the business behavior policies (Kubasek et al., 2013).
CASE STUDY: BUSINESS LAW
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References
Kubasek, N., Browne, M., Herron, D., Giampetro-Meyer, A., Barkacs, L., Dhooge, L., &
Williamson, C. (2013). Dynamic Business Law (2nd ed.) [Connect digital version].
Retrieved from http://connect.mheducation.com/
May, L. (Ed.). (2017). Applied ethics: A multicultural approach. Routledge.
Menkel-Meadow, C. (2015). Mediation, arbitration, and alternative dispute resolution
(ADR). International Encyclopedia of the Social and Behavioral Sciences, Elsevier Ltd.
Michaels, R. (2016). Jurisdiction, foundations. Duke Law School Public Law & Legal Theory
Series, (2016-53).

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