The importance of operationally defining the target behavior

Within this unit, you have learned the importance of operationally defining the target behavior, the ways in which we record behavior, and some specific direct descriptive methods of FBA.

For this discussion, you are going to focus on operationally defining a target behavior as well as identifying the appropriate method of measurement and assessment. Do an internet search for a video of a potential target behavior. You may search in broad terms such as “crying”, “tantrum”, etc. Once you have identified a video, include a link to your chosen video in your initial post. Provide an operational definition of the target behavior. Identify the type of measurement that you feel is best to record the level of occurrence of your target behavior. Measure the behavior using this method and indicate the level of occurrence of behavior that you have recorded.

Peer Responses: Respond to two classmates’ primary posts by reviewing the operational definition provided by your peer, watching the link, and collecting data using the same type of measurement your peer identified. In your response, indicate the occurrence of the target behavior that you recorded. Discuss whether you obtained the same level of occurrence. Indicate whether you feel as though this is the best method of measuring the identified target behavior.

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Wills Trusts and Estates

 

LAW OF COMMERCIAL TRANSACTIONS

Project : Wills Trusts and Estates

As his attorney, your client, Ernie Entrepreneur, now seeks your advice on estate planning. Ernie has been operating his business successfully now for about two years, and is concerned as to what will happen to the business and to his personal assets were he to die.

Ernie has a spouse and a one-year old son, Ernie Jr. If Ernie, Sr., were to die, can he provide continuation of the business for the benefit of his workers, etc.? Would his spouse and son be provided for from the business? What about the business loans? Who would have to pay them? What if both Ernie and his spouse die simultaneously, leaving their minor son? Who would be legally responsible and provide for him?

Please advise your client as to the following:

1-Wills

2-Trusts

3-Powers of Attorney

4-Administration of Estates

5-Business succession options

What additional information would you need from your client to properly advise him?

Please submit to Professor Beier by the due date, a typed, double-spaced copy of your recommendation for your client, Ernie Entrepreneur. Be Complete!!!!

Wills Trusts and Estates Unit Directions:

1. Read the material on Wills Trusts and Estates in our textbook in Chapter 51.

2. View the following six (6) videos:

a. Wills Trusts and Estates Planning Fundamentals

b. Estate Planning 101

c. Will Review: Wills Trusts and Estates Class

d. Wills & Trusts Approach

e. Trusts 101

f. Trusts Review

3. After reading the material in our textbook and viewing the videos, please complete the Project on Wills Trusts and Estates (worth 20% of your course grade) the instructions of which are attached to this email and posted on Blackboard. This project again assumes you are in the role of a business lawyer. This time we will take your client, Ernie Entrepreneur on another legal adventure in this project.

Ernie has been in business for several years and is now enjoying quite a bit of success. His business is growing and so is his family. He is now married with a son, Ernie, Jr. These family responsibilities have caused Ernie to contemplate what would happen to his business and to his family if he were to die. Should he be putting some documents in place to plan for this? What documents would those be and what should be included in them?

What would happen to his son if both Ernie and his wife were to die at the same time? How can he protect Ernie, Jr., in that event? What about Ernie, Jr.’s, finances? Would he get any money? If Ernie, Jr., is young when his parents both pass, who will handle Ernie, Jr.’s, finances and who will take care of him?

Ernie Entrepreneur again seeks your help in guiding him through this strange and frightening world of estate planning. Please counsel Ernie on what is available and what, in your professional opinion, would be best to meet his needs. Use the applicable chapter in our textbook and the videos as a reference in advising Ernie. Do a good job. Ernie and his family are depending on you!!

It is important to note that copying your fellow students work and/or plagiarizing internet or other sources will result in the rejection of your submission and the award of a zero grade. The assignment should be submitted to turnitin before submission for grading to ensure the plagiarism percentage is not in excess of 25%.

 

Late submissions will result in the deduction of points from your final grade. If the assignment is one day past the deadline then the student stands to lose 5%. If it is late by 2 days the student will lose 10%. If it is any later than this, the student will be awarded no points for their work.

 

Feel free to discuss the assignment with you fellow classmates as long as the final submission is unique for every student taking part in the discussion.

 

Put your heart and soul into this assignment. Stay at home. Stay safe.

Professor Beier

 

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Contract Law

 

 

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Clean-n-Shine

 

Identify and Assess Legal Issues in the Clean-n-Shine case study

Purpose: This project requires you to identify and assess legal issues, apply the law to the facts and make recommendations. The issues relate to the concepts and assigned materials on the links listed below (Please use these for references).

This project will guide you in preparing a PowerPoint presentation.

This project meets the following course outcomes:

  • recommend appropriate actions in the business environment based on an understanding of sources of law, substantive legal concepts, legal process and procedure, and available remedies; and
  • analyze tort rights, obligations, liabilities, and remedies in the business environment.

Background/Facts: TLG is continuing to work with its new client, Clean-n-Shine (Clean), a commercial cleaning company incorporated in Maryland, but doing business in all Mid-Atlantic states. Clean’s owners have primary concerns about negligence risks and liabilities related to potential accidents occurring in their public business space to employees and/or customers.

Clean-n-Shine is headquartered in commercial space in a local shopping center. This is a public space that includes private business offices, a public reception area, a conference meeting area, and space for potential and existing clients to meet to discuss cleaning jobs, buy cleaning products, and complete contracts for cleaning services. The shopping center is busy and heavily trafficked with shoppers.

Winnie and Ralph request that you research and recommend a plan to identify potential negligence risks/liabilities and ways to minimize those potential negligence risks in Clean-n-Shine’s public storage facility.

The Clean-n-Shine owners will use the plan to refine policies and procedures to prevent and/or minimize their liabilities.

Instructions

Prepare a PowerPoint (PPT) presentation to:

(1) develop a plan to identify and explain potential negligence risks/liabilities, and

2) recommend ways to minimize those potential negligence risks in Clean-n-Shine’s public facility.

There is no set number of PPT slides required, but it is important to be complete and comprehensive in the presentation.

Please place all notes and explanations for EACH slide directly on slides in the PPT presentation. The notes and explanations cannot be placed in the notes field in PowerPoint or in a separate document

You likely will need more than one PPT slide for each point/idea/concept. Everything you want to include in the presentation will be contained in the PPT slides. Do not include too much information on each slide – each slide should be clear and easy to read and understand during the presentation. Remember, the PowerPoint is a presentation and not a Word document.

The plan focuses on potential tort liabilities for negligence (do not discuss or include the tort of strict product liability in this project).

The PowerPoint presentation will be labeled in 2 parts:

Negligence Risks/Liabilities in Clean-n-Shine Public Business Facility

1. identify and explain 3 different specific situations that could create negligence risks/liabilities for Clean-n-Shine in its public facility

  • explain why/how each situation creates possible negligence liability

2. develop and explain policies and/or procedures Clean could implement to prevent or minimize the negligence risk/liability for each situation discussed in 1. above

Use only the assigned resources available in the classroom for the project.

If needed, please refer to the following links for tips on preparing a PPT presentation.

Creating a PowerPoint

http://www.readwritethink.org/files/resources/lesson_images/lesson1063/CreatingPowerPointSlide.pdf

Beginning PowerPoint

http://www.readwritethink.org/files/resources/lesson_images/lesson1063/CreatingPowerPointSlide.pdf

Format for PowerPoint:

  • Title page + your name
  • Introductory slide
  • Summary/conclusion slide
  • Use in-text citations, as needed
  • Include a References List of cited resources

The PowerPoint should include each of the following sections:

Part I. Risks and Liabilities

A. Negligence Risk Situation 1

B. Negligence Risk Situation 2

C. Negligence Risk Situation 3

Part II. Policies and Procedures

1. Policy/Procedure for Negligence Risk Situation 1

2. Policy/Procedure for Negligence Risk Situation 2

3. Policy/Procedure for Negligence Risk Situation 3

Links for Cites to use:

Tort Law: https://www.law.cornell.edu/wex/tort%E2%80%8E

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

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

https://www.justia.com/injury/negligence-theory/comparative-contributory-negligence/

https://www.justia.com/injury/negligence-theory/assumption-of-risk/

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

https://saylordotorg.github.io/text_law-for-entrepreneurs/s20-products-liability

https://www.lawteacher.net/free-law-essays/contract-law/exploring-warranties-and-product-liability-contract-law-essay.php

https://www.law.cornell.edu/ucc/2/2-314

https://www.law.cornell.edu/ucc/2/2-313

https://learn.umgc.edu/content/enforced/538952-001041-01-2205-OL2-6983/Business%20Law%20I%20(Week%203)%20(1).pdf?_&d2lSessionVal=ORYenycqRhTHgX7t0VFMwBQj5

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Food Security

 

Assignment 2: Analysis on Food Security

Due Week 7 and worth 110 points

The members of the United Nations found great value in the analysis you provided on the effects of global warming that result from population growth. They are now asking you write an additional analysis to include further issues related to population growth. Here is the issue they have asked you to consider:

The member states of the United Nations seek to build food systems that can provide global food security which will feed everyone, everywhere, every day by improving food quality though the promotion of effective and nutritional agricultural practicesThe crucial issue is not the lack of food in the world but the access to that food. In many developing countries, food shortages are due to governmental control over food distribution. These governments maintain control of the population and their power by limiting access to nutritious food to certain groups. In this practice, they thereby “weaponize” food.

Your second project as a consultant for the United Nations is to develop an analysis that addresses three issues related to global food insecurity caused by global population growth and poverty, and to explore these issues in a developing country of your choosing.

The UN has given you the following guidelines.

Content

The UN has asked that your paper contain three sections. Each section should be one page (or approximately 300 words) in length and answer specific questions, identified in the outline below. It also asks that you use examples from your developing country when answering the questions.

Introduction

Provide an introduction of half a page minimum that addresses points a-e below.

      1. Explains the problem the UN has asked you to address in your own words;
      2. Identifies the three sections your paper will cover;
      3. Identifies the developing country you will consider;
      4. Tells the UN the causes of food insecurity; and
      5. Provides a one-sentence statement of your solutions at the end of your introduction paragraph.

Section I. Background

      1. What is food insecurity?
      2. What role does population growth play in food security?

Section II. Technologies That Can Reduce Hunger and Improve Food Security

      1. What forms of technology can be used to reduce hunger and improve food security?
      2. How would these technological solutions work?
      3. What causes of food insecurity do these technologies address?

Section III. Specific Factors in Chosen Developing Country

      1. Considering the causes of food insecurity, what factors interrupt the flow of food from the source to the people in the developing country you selected?

Conclusion

  • Provide a conclusion of half a page minimum that includes a summary of your findings that the United Nations can use to inform future policy decisions.

Success Tips

  • In answering each question, use examples from your developing country to illustrate your points.
  • The UN needs facts and objective analysis on which to base future policy decisions; avoid personal opinion and make sure your answers are based on information you find through research.

Formatting Requirements

  • Make sure your paper consists of four to six pages of content (or 1,200 words minimum, not including the cover or reference pages).
  • Create headings for each section of your paper as follows:
    • Section I. Background
    • Section II. Technologies That Can Reduce Hunger and Improve Food Security
    • Section III. Specific Factors in Chosen Developing Country
  • Use and cite at least five credible sources in your research. A list of potential resources is available below.
  • Make sure your paper contains both in-text citations and a source list, per SWS guidelines: Refer to the Strayer Writing Standards (SWS) document for reference.
  • Include a cover page with your name, the country you selected, the date you submitted the paper, and your instructor’s name.

Potential Sources

  1. Peter Timmer. May/June 2015. Food Security and Scarcity: Why Ending Hunger Is So Hard. Foreign Affairs. https://www.foreignaffairs.com/reviews/capsule-review/food-security-and-scarcity-why-ending-hunger-so-hard
  2. The United Nations Population Division. 2017. World Population Prospects: The 2017 Revision. https://www.un.org/development/desa/publications/world-population-prospects-the-2017-revision.html
  3. Will Martin. November 5, 2010. Food Security and Poverty: A Precarious Balance. Let’s Talk Development blog by The World Bank. http://blogs.worldbank.org/developmenttalk/food-security-and-poverty-a-precarious-balance

The specific course learning outcome associated with this assignment is as follows:

  • Propose a plan to address the issue of global food security in underdeveloped countries that considers the impact of prior solutions.

Grading for this assignment will be based on answer quality, logic/organization of the paper, and language and writing skills, using the following rubric:

Points: 110 Assignment 2: Analysis on Food Security
Criteria Exemplary

90–100% A

Proficient

80–89% B

Fair

70–79% C

Meets Minimum Expectations
60–69% D
Unacceptable

Below 60% F

Defined food insecurity and addressed its connection to population growth.

Weight: 20%

Exceeded expectations in explaining the connection between food insecurity and population growth. Proficiently explained the connection between food insecurity and population growth. Defined food insecurity and population growth but did not sufficiently explain the connection between the two. Defined food insecurity and population growth but did not explain the connection between the two. Did not define or connect food insecurity or population growth.
Explained other issues that are responsible for food insecurity in a specific developing country.

Weight: 20%

Exceeded expectations in explaining issues that are responsible for food insecurity in a specific developing country. Proficiently explained issues that are responsible for food insecurity in a specific developing country. Explained issues that are responsible for food insecurity but did not relate them to a specific developing country. Defined issues that are responsible for food insecurity but did not relate them to a specific developing country. Did not explain issues related to food insecurity as it relates to a specific developing country.
Explained the forms of technology that can be used to reduce hunger and improve food security.

Weight: 20%

Exceeded expectations in explaining how technology can be used to reduce hunger and improve food security. Proficiently explained how technology can be used to reduce hunger and improve food security. Explained how technology can be used to reduce hunger and improve food security. Listed forms of technology that can be used to reduce hunger and improve food security but did not explain how they can do so. Did not list or explain how forms of technology can be used to reduce hunger or improve food security.
Included an opening paragraph and a conclusion for this section of the paper.

Weight: 20%

Included a well-thought-out opening statement and a conclusion. Included a sufficient opening and a conclusion. Did not sufficiently include either an opening statement or a conclusion. Missed writing either an opening statement or a conclusion. Both the opening paragraph and conclusion are missing.
Clarity, writing mechanics, and formatting.

Weight: 15%

0-2 errors present. 3-4 errors present. 5-6 errors present. 7-8 errors present. More than 8 errors present.
Met the minimum requirement of five credible sources/citations.

Weight: 5%

Met minimum credible source and proper citation requirement. Used 4 credible sources, with few citation errors. Used at least 3 credible sources and properly cited sources. Used at least 2 sources but did not properly cite sources. Used 1 or fewer sources.

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Non-Renewable Resources

Non-Renewable Resources:

Part 1: Accessing Non-Renewable Resources: The Non-Renewable Natural Resources that are most at Risk of Depletion

The depletion of non-renewable natural resources is caused by their high and increasing demand, and overconsumption and wastage. Additionally, pollution, contamination, and destruction of the ecosystems also lead to the loss of biodiversity and thus depleting natural resources. The resources that are at the most risk of being depleted include water. Freshwater, which is highly necessary for human beings, is 2.5% worldwide. According to predictions set by the United Nations, 1.8 billion people are likely to not be having access to drinking water. Another resource that is first depleting is coal which is the most utilized fossil fuel. The continuous rise in its demand will lead to its depletion and fail to meet the 188 years of its supply as predicted.

Oil as a natural resource has led to the development of many countries that can produce it or can purchase it. As of 2010, I was estimated that the known oil reserves of the world contain only 188.8 million tons of oil which can only meet the world’s demand for 46.2 years and get depleted. Natural gas is also likely to get depleted. The currently known natural gas’ reserves were estimated in 2010 to be enough to last for 58.6 years before its depletion. Phosphorous is also on the verge of depletion. Phosphorous is useful for making fertilizers and it is estimated that its peak will be attained by 2030 and then get depleted.

Sustainable Development Models that have Broad Applicability to the Needs and Consumption Demands of both Developing and Developed Countries

A sustainable development model is expected to meet the needs and consumption of the present for both developed and developing countries without compromising those of the future generations. Sustainable development models should include social responsibility, economic growth, and the conservation of natural resources and the environment. Sustainability of natural resources is not easily achievable since once the resource is replenished it cannot regenerate itself again (Southcott, Abele, Natcher & Parlee, 2018).

To minimize the depletion of natural resources, sustainable development relies on technology which offers possible ways of renewing the supply of those resources or offering substitutes. Sustainable development models should be able to minimize the environmental impacts of natural resources, ensure equitable share of their wealth, make proper use of the wealth generated for social development amenities such as health and education, and reduce the wastage level through recycling and use of technologies.

References

Southcott, C., Abele, F., Natcher, D., & Parlee, B. (Eds.). (2018). Resources and sustainable development in the arctic. Routledge.

The World Counts. Depletion of Natural Resources. The needs of 7 billion people. Retrieved 30th April, 2020 from https://www.theworldcounts.com/stories/depletion-of-natural-resources.

Respond to: just a few sentences in response to:

INSTRUCTOR MANAGER

What do you think we should about this?

By the way, nice post!

It is important to note that copying your fellow students work and/or plagiarizing internet or other sources will result in the rejection of your submission and the award of a zero grade. The assignment should be submitted to turnitin before submission for grading to ensure the plagiarism percentage is not in excess of 25%.

Late submissions will result in the deduction of points from your final grade. If the assignment is one day past the deadline then the student stands to lose 5%. If it is late by 2 days the student will lose 10%. If it is any later than this, the student will be awarded no points for their work.

Feel free to discuss the assignment with you fellow classmates as long as the final submission is unique for every student taking part in the discussion.

Put your heart and soul into this assignment. Stay at home. Stay safe.

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Scenarios and Solutions

 

 

Scenarios and Solutions

SELECT TWO of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. You should locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.

Scenario 1 – Third Party Rights

Bobby was attending college two hundred miles from his home for the fall semester. Bobby’s wealthy aunt, Brenda, decides to give Bobby a car for Christmas. In November, Brenda makes a contract with Walker Ford to purchase a new car for $21,800 to be delivered to Bobby just before the Christmas holidays, in mid- December. The title to the car is to be in Bobby’s name. Brenda pays the full purchase price, calls Bobby and tells him about the gift, and takes off for a three-month vacation in Mexico.

  • Is Bobby an intended third party beneficiary of the contract between Brenda and Walker Ford?
  • Suppose that Walker Ford never delivers the car to Bobby. Does Bobby have the right to sue Walker Ford for breaching its contract with Brenda? Explain.

Scenario 2 – Statute of Frauds

Kathy agreed to purchase specially made cartons for one-of a kind wood sculptures from Pierce Packaging. Pierce faxed an invoice to Kathy reflecting a purchase price of $35,000, with a 20 percent down payment and the “balance due before shipment.” Kathy paid the down payment. Pierce finished the cartons and wrote Kathy a letter telling her to “pay the balance due or you will lose the down payment.” By then, Kathy had lost her customers for the cartons, could not pay the balance due, and asked for the return of her down payment.

  • Did these parties have an enforceable contract under the Statute of Frauds? Explain.

Scenario 3 – Breach and Remedies

Candace Dixon agreed to sell Alana Mendes a house in Alabama for $205,000. The sale was supposed to close by November 30, when the parties were to exchange the deed for the price. The contract included a provision that “if Seller is unable to convey good, clear, insurable, and marketable title, Buyer shall have the option to:

  1. accept such title as Seller is able to convey without reduction of the Purchase Price, or
  2. cancel this Agreement and receive a return of all Deposits.”

An examination of the public records revealed that the house did not have marketable title. Mendes offered Dixon additional time to resolve the problem, and the closing did not occur as scheduled. Dixon decided “the deal is over” and offered to return the deposit. Mendes refused and, in mid-December, decided to exercise her option to accept the house without marketable title. She notified Dixon, who did not respond. She then filed a lawsuit against Dixon in a state court.

  • Discuss whether Dixon breached the contract and decide in whose favor the court should rule.
  • Assume that Dixon breached the contract and determine what the appropriate remedy is in this situation.

Scenario 4 – Third Parties

Ronny enters into a contract with Sean to paint Sean’s house. Ronny paints Sean’s house an extremely hideous orange and blue even though Sean specified tan. Sean and his neighbor Chris are both fans of the Florida Seminoles and are furious to see the house painted in Florida Gator colors . Sean and Chris threaten to sue Ronny.

  • Evaluate the arguments each party will make, determine the outcome and support your answer with appropriate sources.

Submission Details:

  • Use APA format and cite references
  • Ensure you submit original work
  • Copied work will be rejected and so to will plagiarized work
  • Late submissions will result in deduction from your overall grade
  • Any submission made two days after the deadline will be rejected

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Scenarios and the recommendations

 

Select any four (4) scenarios and the recommendations section, Scenario 8. Identify and analyze the legal issue(s). Apply legal concepts and make potential arguments as directed using laws, cases, examples, and/or other relevant materials. Consider using short headings (consult APA materials) to separate the topics. Summarize the facts; do not copy the scenarios into the paper. Support your answers with information from the textbook or from the SUO Library and at least four scholarly sources other than the text and course lectures. Sources must reference U.S. law. Prepare a 4 to 7 page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Do not exceed the page length by more than two pages

Scenario 1: Accident or Arson

Peter Pablo , a shift supervisor in the distribution center, worked for Jabil Circuits for six years. Peter is experienced in operating all of the machinery. One day when Peter was upset with his boss, he did not turn off the package laminator, a machine used to seal packaging in plastic to reduce damage in transportation. The machine overheated, caught fire and part of the warehouse burned to the ground, resulting in over a million dollars in damage to the building and contents.

Peter shows up to the remains of what was once his promising career A slight smile forms as he realizes this whole incident is his fault for intentionally leaving on the laminator. Peter calls his manager to tell him that the warehouse burned to the ground and he doesn’t know what caused the fire. Fire marshals investigated and found out that the reason for the fire was the laminator was left on and either malfunctioned or overheated.

  • Should Peter Pablo be found guilty of arson in this scenario? Explain arguments for and against Peter Pablo.

Scenario 2: Contracts – Formation and Breach

As the purchasing manager, Russ looks for deals on office supplies and equipment. An office supply company offered to sell Jabil six new industrial copy machines and four packaging machines for $15,000. Russ thought the offer presented a great opportunity to replace the old equipment with new equipment. Russ and the seller entered into an oral contract whereby Russ would pay the seller $15,000 cash on delivery to Jabil’s distribution center in St. Petersburg, Florida.

In the meantime, Russ lined up installers for the equipment. When time came for delivery of the goods, the seller said that half of the copy machines and packaging equipment had been sold to another company, but 3 copy machines and 2 packaging machines would be delivered.

  • What rights does Russ have related to the oral contract for the equipment? Is the seller in breach of contract? Discuss why or why not.

Scenario 3: Contracts and Capacity

Chet Gaines, the director in the real estate division of Jabil, met with Mack Smith about purchasing a large tract of land owned by Smith in Clearwater Florida. Gaines knew the company planned to clear the property to create a new distribution center. Gaines judged Smith to be 80 to 85 years old. During the meeting, Gaines noticed several brochures about dementia and assisted living facilities, as well as several prescription bottles sitting on the table.

After discussing the good old days for several hours, Gaines and Smith agreed on the sale of the land for $500,000. Since Gaines brought a blank copy of a contract with him, he helped Smith complete the paperwork and both parties signed. Unbeknownst to either party, the purchase price was written as $50,000. On the day before the closing, Gaines called Smith to remind him of the location of their meeting to sign the remaining documents. Confused, Smith said he didn’t know anything about selling that land and he had no intention of selling his land to some young shyster who was still wet behind his ears and was trying to cheat him.

  • What are the basic requirements for contract formation?
  • What defects in the contract formation process may have occurred?
  • Does Gaines, on behalf of Jabil, have a valid contract with Smith?

Scenario 4: Intellectual Property

Jabil manufactures and sells electronics in the United States and in foreign countries. It owns the federally registered Jabil trademark and has registered this trademark in Mexico as well. Juan Sanchez is a Mexican citizen residing in Tampa Florida, with business offices there. Jabil believed that Sanchez was in the business of selling counterfeit Jabil parts in Mexican border towns, such as Tijuana, Mexico.

The company sought an injunction in a federal district court in Florida ordering Sanchez to cease his counterfeiting activity and to refrain from destroying certain documents. It also asked the court to freeze Sanchez’s assets pending the outcome of a Lanham Act lawsuit. Sanchez contended that a U.S. district court has no jurisdiction or authority to enter the injunction for the activities allegedly occurring in Mexico.

Analyze the arguments for Jabil and Sanchez. Determine the outcome and support your selection.

Scenario 5: Contracts

Joy Martin was a nurse at Morton Plant Hospital when she was approached by Teresa Dawson, who was in charge of human resources at a competing medical facility, Bayfront Hospital. Dawson offered Martin a substantial raise to leave Morton Plant to work for Bayfront.

When Martin’s boss heard about the offer, he told her, “If you agree to stay with Morton Plant for at three years, I promise that next year you will receive a promotion with a 10% raise.” Martin turned down Dawson’s offer and stayed with Morton Plant. Eight months later, Martin was dismissed when Morton Plant was acquired by Bayfront. Martin sued for breach of contract.

  • Can Martin enforce her boss’s promise?
  • What theory or theories would Martin use?
  • Provide arguments for both sides, determine which party wins and provide support for your decision.

Scenario 6: Antitrust

Jabil Circuits sold electronic parts to manufacturers and distributors. Jabil established quantity discount rates that were published on the company’s customer portal and provided by mail once per year to all buyers. A 25% discount was given to buyers purchasing more than 50 container loads in a calendar year. Only three buyers out of approximately 150 customers purchased 50 or more containers; therefore, only three companies received the best discount. A significant number of customers complained that the purchasing requirements were set too high and resulted in price discrimination.

  • Evaluate whether violations of price discrimination laws occurred.

Scenario 7: Torts and Negligence

Ronnie was injured when a van driven by Toby slammed into Ronnie’s car. The van belonged to Jabil and Toby was authorized to drive the van to and from work. Toby was killed in the accident. The results of the investigation showed that Toby was traveling at a high rate of speed and his blood alcohol content exceeded the legal limit. Ronnie sued Jabil Circuit and Toby’s estate for gross negligence and asked for compensatory and punitive damages.

  • Will Ronnie recover? Why or why not?
  • If Ronnie recovers, which party/parties will be responsible? Provide examples, laws or other relevant information to support your answer.

Scenario 8: Recommendations

Conclude your paper by identifying and discussing ethical issues and providing recommendations for Jabil Circuit to help prevent future occurrences of legal and ethical issues you addressed. Be specific in your recommendations.

Submission Details:

  • Use APA format and cite references

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Critical thinking

 

Guidelines

Within the assigned chapters for the Weeks, there are separate mini readings that include a question entitled, “CRITICAL THINKING” or “WHAT IF THE FACTS WERE DIFFERENT”. In addition, at the end of each chapter is a section entitled “CRITICAL THINKING AND WRITING ASSIGNMENTS”.

  • Please select of one of those questions as the topic for your Weekly Topic Paper. DO NOT SELECT A “CRITICAL THINKING GROUP ASSIGNMENT”.
  • Take care to select a question that, when answered, will meet the criteria for the Weekly Topic Paper.
  • Week 6 Bi-Weekly Topic Paper
    • Topics selected must come from within the chapters of the textbook assigned for Week 5 and Week 6 reading only.

Submission Details

  • Your paper should be submitted to the appropriate location for the week in question.
  • There is no minimum or maximum word requirement. It is up to you to submit a paper that, in your estimation, best meets the grading criteria set forth below.

Grading Rubric: New Rubric-Topic Papers: W2 W4 W6

Each of the four Weekly Topic Papers is worth 50 points. Your grade on the Weekly Topic Paper will include the following grading components.

  • Clarity – possible 10 points.
    • Clarity means that I can follow you from beginning to end.
    • In order to help me do so, it is helpful to include an introduction that tells me where we are going and a conclusion that tells me where we have been.
  • Critical analysis – possible 20 points.
    • The purpose of this assignment is not to demonstrate that you can read the text.
    • The questions in the text from which you can choose to write are designed to make you think.
    • Critical analysis is not the same as observations (or critical observations).
    • Critical observations, however, are necessary to provide an appropriate context for your critical analysis.
    • If a question does not provoke critical analysis on your part, choose another question.
    • If nothing is working, then we have a problem that should be resolved through private e-mails or a phone call.
  • Appearance – possible 10 points.
    • This is where I will deduct for everything from spelling, punctuation, capitalization, grammar and syntax errors to anything else related to the appearance of the paper.
    • Failure to use proper citation form for judicial decisions will also result in deductions in this category.
  • In-text textbook citation – possible 2.5 points.
    • You will be required to include a citation to the text in the body of your paper – it is not sufficient to include it only in the end references.
    • The citation must be in proper APA format. Here are some general guidelines to help you cite in APA format: APA Guide 6th Edition.doc
    • This is a really easy 2.5 points to pick up.
    • Do not forget to include it.
  • In-text external citations – possible 5 points.
    • You will be required to include citations from two external sources in the body of your paper – it is not sufficient to include them only in the end references.
    • The citations to these two external sources must also be in proper APA format for research or, for judicial citations, must be in proper citation form.
    • Remember the prohibition on using Wikipedia as a primary source.
  • APA formal references – possible 2.5 points.
    • Your reference list must include all references in the body of your paper in proper APA citation form.
    • Remember, proper APA format for end references is not necessarily the equivalent of proper APA format for in-line citation in the body of your paper. Again, the general guidelines are a great help here.

Important Helping Tools (repeated from above)

Reminders

  • Most students use Word to prepare the Weekly Topic Paper.
  • Please do not send in .docm or Adobe PDF formats
  • I know I am technologically behind the times but I need you to post in .doc or .docx format

Written in the third person,include title pages and abstracts in proper APA format APA_Template UIU Version.rtf and include the page number of your topic from the text on the cover page.

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Solar Co.

 

 

Solar Co. enters into a contract with XYZ Media to prepare a 6-month national advertising and public relations campaign to help restore its tarnished reputation at a cost of $600,000. XYZ Media launches the campaign, and it is successful for the first two months until XYZ’s computer servers are hacked and all client information is lost because XYZ failed to have adequate backup systems in place. In addition, social media account information and passwords were compromised, resulting in derogatory and inappropriate posts being made on all of XYZ’s social media accounts for several hours.

Because XYZ was managing Solar Co.’s social media presence at the time, Solar Co.’s social media accounts were also taken over by the hackers for a brief time and filled with damaging posts.

XYZ issues a public apology; however, Solar Co. wishes to terminate the contract with XYZ and receive a refund of the $200,000 it paid for the first two months of the campaign due to the damages caused by the computer hack. XYZ refuses to cancel the contract or issue a refund, insisting that it can successfully continue the campaign and re-create all of the material that was lost. Solar Co. refuses to pay any further amounts due under the contract and has already begun seeking a new media relations firm to re-launch the campaign.

Part I

Write a 525- to 700-word recommendation to Solar Co.’s CEO advising whether Solar Co. should:

file a lawsuit and proceed to trial

try to reach a settlement with XYZ Media, or

use a method of alternative dispute resolution (ADR)

 

Your analysis should specifically discuss each of the nine factors provided in the “Contemporary Environment Cost-Benefit Analysis of a Lawsuit” feature found in Ch. 4, “Judicial, Alternative, and E-Dispute Resolution.” Provide a clear explanation and reasoning for your recommendation based on the facts of the scenario.

Would your recommendation be different if you were advising XYZ Media’s CEO? If so, how?

 

Part II

Solar Co. intends to use arbitration agreements with all clients, subcontractors and employees in the future.

Write a 350- to 525-word memo to Solar Co.’s CEO explaining the arbitration procedure and the enforceability of arbitration provisions under the Federal Arbitration Act.

Include a recommendation as to whether arbitration agreements should be used in the future to reduce Solar Co.’s legal risk and why.

For this assignment, feel free to use any of the following research materials;

Ch. 3 and Ch. 4 of Legal Environment of Business: Online Commerce, Business Ethics, and Global Issues

Law libraries and databases from the internet

It is important to keep in mind that plagiarism exceeding 25% or copying the work of a fellow student will result in the cancellation of your results and the consequent award of a 0 grade.

Is is however acceptable for the student to discuss the case study with fellow students to help in making a decision as long as the work presented is unique.

Late submission will result in a deduction from your final grade. ! day late will result in a five percent cut and 2 days in ten percent. Any later than that and the paper will not be graded and the student will forfeit their entire score. The grade recorded will be zero. Grammar and punctuation rules apply to this assignment and it should also be done in MLA format.

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