Contract and Mgmt520 Entire Course

MGMT520 Entire seam (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM 4 weeks agonene MGMT 520 calendar week 2 Assignment Administrative Regulations download http//home cropfox. com/tutorials/ forefendter/12944/mgmt-520-week-2-assignmentadministrative- regulatings/ Assignment 1. State the administrative agency which controls the regulation. Explain why this agency and your pro pose regulation interest you ( apprisely). Will this proposed regulation affect you or the argument in which you be working? If so, how? 1. Describe the proposal/change. 1.Write the usual chin-wag that you would submit to this proposal. If the proposed regulation deadline has already passed, compose the comment you would take up submitted. Explain briefly what you wish to accomplish with your comment. 1. appropriate the deadline by which the public comment must be made. (If the date has already passed, please provide when the deadline was. a. Once you bedevil submitted your comment, what t let out ensembleow you be legitimately entitled to do later in the declaration process (if you should choose to do so)? (See the textbooks discussion of the Administrative Procedure Act. a. If the proposal passes, identify and explain the volt legal theories you could spend in an attempt to ready ( all) administrative regulation decl ard invalid and overturned in solicit. a. Which of these challenges would be the exceed way to challenge the regulation you selected for this assignment if you wanted to own the regulation overturned and why? 4 weeks ago Magnus Grimmers 0 Add a comment Google http//mgmt520. blogspot. com/ look to? pdated-min=2013-01-01T000000-0800-max=2014-01-01T000000-0800-results=23 foliate 1 of 30 MGMT520 Entire cover (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM 4 weeks ago MGMT 520 calendar week 3 Homework ES download http//homeworkfox. com/tutorials/business/12945/mgmt-520-week-3-homework-es/ 1) What are the element s of negligence that Mr. Margreiter exit need to prove against the hotel in order to win his compositors face? contention the five elements here. 2) Applying the accompaniments you have from the slick job supra only, lay out a accompaniment for negligence against the hotel.Use the elements to outline the case. Start with the maiden element, explain what facts you have for or against that element, and then continue through the five elements of negligence. If you do non have enough facts to make your case, explain what facts you would need to have in order to run on a case of negligence. 3) What self-denial(s) does the hotel have on its emplacement? List (and define) those here. Very briefly state why you think the hotel could implement this exoneration 1. uncertainty During an appeal, the appeals court is required to rely on the take a leak submitted during the trial.The record, which is made by both eccentricies during the trial, including all objections and so me other submissions of evidence, is binding on the appeals court, unless it was err matchlessous or non rea tidingsable to believe or accept that evidence. Further, decisions of fact and credibility are typically left to the jury to make, and appeals courts prefer not revisiting those decisions (unless they are beyond the numeratet of the evidence or defy credulity. ) Because the jury fecal matter weigh the body language of the witnesses during trial, and the record on appeal burnt show that, appeal courts prefer allowing juries to make fact-finding decisions.Judges on appeal try to confront for legal theories to overturn cases (or uphold them. ) They make the fairness based decisions, based on the record sooner them. With that infrastanding, explain the decision of the appeals court in the Margreiter case. In doing so, discuss which facts the court relied on in its decision and which facts the losing party requested the appeals court decide the case on, although it ref ut ilize to do so. 2. Question Now review the Nordmanncase. The Margreitercourt apply this case to assist it with making its decision (see line two of paragraph 4 of the Margreiter opinion. What did the Nordmann court say was the duty of care a hotel owes to a guest to protect him from injury by third persons? Provide that here. Then, review the facts that the Nordmann court relied on to determine there had been a br distri entirelyively of the duty by the Nordmann court. presently recite those here as considerably. 3. Question Notice that the Margreiter court doesnt state which duty it imposed on the hotel it simply recites as precedent the Nordmann case for its legal basis. Now that you agnise the duty of care that the Margreiter court used in its decision, briefly compare the two curings of facts from the two cases.Then coiffure these scruples a) Do you witness that the Margreiter case had as strong facts as did the Nordmann case for holding the hotel liable? why or why n ot? b) Which facts do you feel most strongly weigh in favor of the courts decision in the Margreiter case? c) Which facts do you feel were a stretch by the court in Margreiter? d) Which case do you feel was more of a slam-dunk case to decide and why? http//mgmt520. blogspot. com/ wait? updated-min=2013-01-01T000000-0800&updated-max=2014-01-01T000000-0800&max-results=23 rascal 2 of 30 MGMT520 Entire lam (Legal, Political, Ethical Dimensions of Business) /1/13 1120 PM 4. Question Do you agree with the decisions by the Nordmannand Margreiter courts? Do you feel that the decisions were ethical in nature? Why or why not? Use one of your ethical dilemma resolution toughies to analyze the courts decision of one of the two cases to help support your issue and complicate that analysis in your answer (i. e. , Laura Nash, front page of the radicalspaper, Blanchard & Peale, Wall Street Journal). Make sure to organize out the steps of the model and apply your debate and facts to the mod el in your answer. 4 weeks ago Magnus Grimmers 0 Add a comment Google 4 weeks ago discussion/ MGMT 520 Week 4 You subside team up discussion download http//homeworkfox. com/tutorials/business/12946/mgmt-520-week-4-you-decide-teamScenario Week 4 You adjudicate GM520 Legal, Political and Ethical Dimensions Scenario Summary This group project covers a bargain dispute mail service. As a group, work through the following questions. Feel free to ask further questions in the thread of your group designates, and answer your group members questions as well. The best work attain be where all group members work unitedly to get the questions answered.You forget be graded on the quality of your posts, but points will be deducted if your answers are duplicates of your group members. Take turns and build on posts. The questions below have more than one part within each of them so work through them together. Have fun with this The primary(prenominal) thing is that you learn fro m this exercise, along with creating some quality collaboration with your group. Read the Group Project under Course Home or the Assignments page for this week for the full grading rubric for this group project. Good luck Download and review the wad here. http//mgmt520. blogspot. com/search? pdated-min=2013-01-01T000000-0800&updated-max=2014-01-01T000000-0800&max-results=23 scallywag 3 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM Your Role/Assignment You are the double-decker of a large data processing project. Your comp whatsoever, Systems Inc. , worked very hard to obtain a sign with Big fix to do their conversions from their recent acquisition, Small rely. The brink met with several companies to discuss who would do the best work on the ask. During your meeting with Big Bank, you told them that you had neer missed a conversion deadline. At the clip, your company had never missed a conversion deadline, but the company had o nly done thirdsome conversions. You in any case told them that your data processing systems were the fastest around. After calendar months of negotiation, Big Bank signed the contract. The president of Big Bank said, We like fast, and you guys are fast. We choose you. You started work on the data conversion immediately (ahead of contract). According to the contract, your team was amenable for ensuring that the new banks data were converted to Big Banks data processing system. The contract involved six large conversions.The first involved converting Big Banks savings accounts, the second its checking accounts, the third its investment portfolio, the 4th its credit card, the fifth its mortgage portfolios, and the six its large business loans. Your team completed four of the six conversions without a problem. The fifth task, the largest and most alpha, has encountered numerous problems. Some problems have been based on personnel issues on your part and other issues have been b ased on the banks failure to provide you with necessary information. One issue resulted when the conversion was delayed for over one week.The data to be converted were formatted variously than the banks previous specifications provided. For that reason, the data conversion fields needed to be changed. A provision in the contract required your company to receive four peoples approval before making any changes to the conversion data fields, and one of those four people, Glenda Givealot, was out of the country doing missionary work in an area of the world that did not have cell phone reception. Another issue resulted when the conversion was supposed to occur. Because of the change in the timeline, the conversion schedule had to change.The weekend the conversion was rescheduled to occur, an ice storm struck the state where your data processing computers were housed. Your facility lost electricity for 3 days and the conversion was delayed again until power could be restored. KEYPLAYER S Big Bank President The banks president, who is a know hothead, was furious. He called you later power was restored and yelled, We are rescinding this contract He also threatened to take the case to court to seek injurys. Systems Inc. President Your company president wants this situation resolved amicably.He also wants to maintain the contract with the bank, as he sees the potential for a large amount of business with the bank in the future if this contract proves successful. Corporate counsel believes that the bank just needs to be shown that they are out of compliance with the contract just as we are and that both parties are to blame. He wants you to start negotiations with the bank to modify certain provisions of the contract to make expectations clearer. YOUDECIDE Activity Below is the list of questions you should work together to answer in this thread. Feel free to get along up with more to answer together if you need them.Can Big Banks president rescind the contract? downstairs what circumstances can a contract be rescinded by either party? What facts have to be alleged and proven? What is the result of a contract that is rescinded? Big Banks president also threatens legal action. What potential causes of action could you foresee him bringing in court? Would he be successful? Why or why not? What arguments could Systems Inc. raise in its defense? What are Big Banks potential damages? Review the facts provided http//mgmt520. blogspot. com/search? updated-min=2013-01-01T000000-0800&updated-max=2014-01-01T000000-0800&max-results=23 paginate 4 of 30MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM and the sample contract. What provisions of the contract could you cite to support an argument that it is not in Big Banks best interest to rescind the contract? What facts could you cite to support an argument that Big Bank be responsible for some of these issues and/or not in compliance with the contract? In this si tuation, amicable resolution of problems is greatly preferred by your company. Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution?There are three types of contract performance complete, substantial, and material breach. Describe the differences (and similarities) among the three, and explain some of the legal ramifications for one or more of these types of performances. (e. g. , what happens if one party performs completely but the other party performs only substantially? ) Give examples from outside readings or experiences in your career or personal business life. What are the two most important concepts from this exercise that will help you in future contract negotiations? (All students must answer this question for full credit in this project. You Decide Contract mental home and Management Group reasonion Thread Make sure you have a Group thread showing this week. If not, e-mail your instructo r ASAP. Review the You Decide Scenario strand in your Group Area. Enter the Group Thread by no later than Wednesday to discuss the aspects of the scenario with your group. Your grade will be based on making at least six good, high-quality posts over at least three days to the thread that reflect on the You Decides contract issues and that answer the questions posed at the beginning of the thread. Your instructor will NOT lead this thread it will be up to the groups to run the thread. Take this opportunity to get to know your classmates in your group ) You earn 75 points in this project, set up as follows (60 possible) Quality/quantity post points. You can earn up to 10 points for each high-quality post to the thread. A high-quality post will reflect on a learning tip from the You Decide, provide significant factual background from the You Decide that helps explain a learning point being made in the threads, pose an exceptional question that moves the group thread forward in a mann er that creates more learning (while responding to other students question or hought), or will provide a definitive and analytical answer to one of the main questions in the thread. Faculty may deduct points for less-thanhigh-quality posts (however, making more than six posts will help ensure that you will achieve the full complement of points, as you will get credit for each post you make, up to the maximum amount of 60 points for this part of the project). (10 possible) Days posted. You must post on at least three days. You will get 3 points credit for each day you post. (I agree- or Yeah, great post -style posts will not count for a day posted. The post must have some quality to count on the day). One point will be apt(p) to each student who posts their first post to the Group Project thread by no later than Wednesday. (5 possible) Group points. How well your group works together will give you 5 possible points. Ways to get points include the following build on each others post s (i. e. , read group members posts and respond) and ensure all questions in the SIM project thread beginning are covered (i. e. , dont duplicate group members work build on their answer or answer another question).Ways to lose points include requiring instructor intervention in the group process, failing to work together, and ignoring each others posts. (This group grade will be the same for each student in the group who posts foster-added posts on at least three days in the thread. If a student posts less than three days, his or her group grade may be lower than the other group members grade due to not helping the group with facilitation of the thread. Harassment or lack of netiquette in a thread may also be a reason for an instructor to deduct one group members grade over others. 4 weeks ago Magnus Grimmers 0 Add a comment http//mgmt520. blogspot. com/search? updated-min=2013-01-01T000000-0800-max=2014-01-01T000000-0800-results=23 page 5 of 30 MGMT520 Entire Course (Legal, P olitical, Ethical Dimensions of Business) 3/1/13 1120 PM Google 4 weeks ago MGMT 520 Week 5 Midterm exam download http//homeworkfox. com/tutorials/business/12947/mgmt-520-week-5-midterm-exam/ 1. Question TCO B.Infuriated when Harry Reid is re-elected during the 2010 fall preference, the Republicans in Congress decide to take matters into their own hands. In 2011, the House of Representatives passes a new Freedom isnt Free Act that requires that anyone who wants to vote in the 2012 presidential election must prove that they paid at least $200 in federal income tax in the past year, including people aged 18 (who typically are deducted on their parents returns and do not pay income tax). Anyone who received the earned income credit is barred from voting unless they return the payment from the governing.Proof of payment of the tax can be made by showing a copy of the prior(prenominal) years W2, a copy of the prior years tax return, or a signed rumor from the IRS stating that the payment of more than $200 in federal income tax has been made. Citizens who do not pay taxes can still vote if they donate $200. 00 to the federal government as voluntary income tax and get a statement from the IRS that they have done so. The law sunsets on December 31, 2012. List two bases under which mortal impacted by this law could argue to have the law overturned. 2. Question TCO F.When Vanna White sued Samsung for appropriation and under the Lanham Act, she won her case under the California ballpark law right of publicity claim and under the Lanham Act. List the eight Sleekcraft factors that are required to prove a Lanham Act complaint. 3. Question (TCO C) Bud Johnson owns a General Motors dealership in Pierre, South Dakota. At the request and expense of General Motors, Bud traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the Roughrider, designed to compete against the current laissez passering of SUVs.Bud went to the proving gr ounds in the desert around Phoenix and spent a day watching the vehicle demonstrations. Bud and other dealers drove the vehicles, and much dust resulted from their driving. A http//mgmt520. blogspot. com/search? updated-min=2013-01-01T000000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 6 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM few weeks later, Bud became ill with flu-like symptoms. He was finally diagnosed as having coccidioidomycosis or valley febricity. Valley fever is a disease well known to Arizona residents, and most have had it if they have workd there over 10 years. Newcomers are particularly vulnerable to the disease because the photograph to dust seems to build up immunity among the residents. Bud became quite ill and brought suit against the car manufacturer that invited him for its failure to condemn him approximately the valley fever phenomenon before he came out to the testing grounds. Answer the following questions, and use cases and theories from the text to support your arguments Was there negligence in the failure of General Motors to warn Bud? 15 points) Discuss all defenses General Motors may have. (15 points) Does strict liability in torts apply to this situation? Why or why not? (10 points) 4. Question TCO D Barney and his 16-year-old son BamBam are riding in Freds car. Fred had taken some prescription medicament that morn that declared on the bottle, strugglening, may cause drowsiness. The truck in front of them suffers a blow-out, and swerves uncontrollably. The tire remnants fly into the road, Fred swerves and hits a car to his left. He avoids hitting the truck with the blow-out but suffers damage to the left side of his car.BamBam hits his head on the side of the car, getting a concussion and permanently losing the sight in his right heart. Fred has state law required auto indemnity policy with the minimum policy limits. Freds wife, Wilma, immediately call s Betty, BamBams mom, and apologizes when she finds out close BamBam losing his eye. Wilma says to Betty, Please dont worry. We will pay for anything the insurance doesnt cover, including the loss of BamBams sight and anything else he needs to recover and live a normal life. Betty sobs and says, You are too good to us. We cant accept that. Wilma says, Of course you can. Betty cries harder and says, Thank you so much but (unintelligible) and hangs up. Fred and Wilma own a house outlay $450,000, a car worth $20,000, a full-size T. rex skeleton for which a museum has strikeered $200,000 in the past, and some line of descents and bonds worth $700,000. A lawsuit ensues and a judgment against Fred and for BamBam is entered for $300,000. The insurance company paid their cap of $250,000, leaving $50,000 remaining due. Fred and Wilma immediately pay BamBam $50,000. Further, Wilma buys a designer eye-patch for BamBam made specifically by Calvin Klein with a picture of Fred and Wilmas da ughter, Pebbles, on it.Wilma hugs BamBam when she brings over his new eye patch and says, Anything. Anything you need. We will take care of it for you. Fred rolls his eyes at Barney, and Barney sighs and shakes his head. Betty and Wilma both cry at how adorable BamBam looks with his new eye patch. Barney buys BamBam a new car, specially designed for people with one eye. Wilma finds out and calls Betty, asking how much the car was. Betty says they are making payments on the car of $450/month for the next 4 years. Wilma writes Betty a check for $450, and sends her one every month for the next 8 months.Eight months after the judgment was rendered, BamBam is discovered to have more damage to his head than originally thought. He loses sight in his other eye and now is totally blind. BamBams parents sue Fred and Wilma again for personal injury, but the case is propel out as the first case already decided the injury case. Fred refuses to pay more to BamBam, and he takes the checkbook awa y from http//mgmt520. blogspot. com/search? updated-min=2013-01-01T000000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 7 of 30MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM Wilma when he discovers shes been making BamBams car payments. The two families barricado speaking to each other. BamBam throws away his now useless eyepatch and becomes despondent. His dreams of being a drag racer seem to be over. BamBams attorney refiles the case, this time on grounds that Wilmas statement to Betty was a binding contract that requires that Wilma pay any remaining damages to BamBam, for the remainder of his life. Was Wilmas statement a binding contract?dupeization the law of contracts, explain why or why not. Does BamBams age have anything to do with your answer? Can Fred be bound by the potential contract Wilma may have entered into? Use the law of agency to explain your answer to that question. Did Wilmas get of the eye-patch give BamBa m a greater leg to stand on in court? What about the car payments she made? Explain fully your answer to these questions. 5. Question TCO I. Marianne Jennings wrote an condition, Why an International Code of morals would be good, which was assigned to be read at the beginning of the course.As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read Mariannes article and can apply her theories and thoughts from that article to the scenario provided. Feel free to rely on the information you know about the situations (if real) or analogize to another one, if you wish. Include in your answer at least two specific concepts from Mariannes article, and apply those concepts to your reasoning in your answer.You will be graded on your knowledge of the article as well as the application of ethical theories to international situations. An oil travesty has occurred. In the Gulf Coast, British Pet lineamentums deep-sea oil well has had a study malfunction and has exploded. The explosion killed many oil workers. The oil well began spewing oil into the Gulf, and now the built-in southern portion of the United States coastal areas has been destroyed. BP initially came out with advertisements using the CEO of the company apologizing and promising to make this right for the citizens of the United States.Then, the CEO was removed by BP from working the disaster. The crisis continues. Based on the timing of the crisis and resolutions that have occurred at the time of your exam, answer the following question using the most relevant facts you know. Using Marianne Jennings article, would an international code of ethics have assisted with the use of this crisis? Would it have helped BP avoid this crisis? Do you see this as an ethical issue? Support your answe r with concepts from her article, as well as other ethical reasons. 6. Question TCO A.Use the fact pattern you received in the supra Marianne Jennings International Code of Ethics question to answer this question. Analyze and propose a solution to the problem you received above using the Blanchard and Peale method. Show the steps, apply the facts, and provide a proposed solution you would suggest. 4 weeks ago Magnus Grimmers 0 Add a comment http//mgmt520. blogspot. com/search? updated-min=2013-01-01T000000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 8 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM Google 4 weeks ago MGMT 520 Week 6 You Decide ES download http//homeworkfox. com/tutorials/business/12948/mgmt-520-week-6-you-decide-es/ 1. Question Teddys Supplies CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. He wants to accommodate the case. Write a memor anda to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddys case that impact liability.Include in the memo your suggested reacher of settlement to Virginia. Back up your offer using your analysis of the case against Teddys. 2. Question The NJ Human Rights commission found that Pollard was the victim of sexual harassment and disparate treatment. Please answer these questions a. Provide the most current definition of sexual harassment, including a definition of quid pro quo and hostile environment sexual harassment. Name an appellate court case in which an employer was found liable for either quid pro quo or hostile environment sexual harassment.Describe the facts of the case and the decision the court came to in the case. Include the citation to the case and a link to it online. Would the case apply to Pollards case? Why or why not? Would you want to use this case in Teddys favor or Pollards favor? (10 points) b. Explain which form of sexual harassment you suspect the NJ Human Rights commission found Virginia had been a victim of and why you feel that is the case. Provide law or a case to support your position. If you feel Pollard was not a victim of harassment in this case, explain why you feel that way, and provide law or a case to support your position. 10 points) c. Explain what defenses to sexual harassment Teddys had in this case. (Include the name and citation of at least two federal or state sexual harassment cases that provide precedent support to your defense statement. ) (10 points) d. What is disparate treatment and why do you think the Human Rights commission found it had http//mgmt520. blogspot. com/search? updated-min=2013-01-01T000000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 9 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) /1/13 1120 PM occurre d? Do you agree with this decision? (10 points) 3. Question Review the sexual harassment policy that Teddys has in place and that Virginia Pollard signed. Virginia Pollard claims she had planned to make an anonymous complaint but the website allowing that was down on the day she tried to do so. During the Human Rights guardianship case, a review of the website statistics shows that Virginia accessed the website for downloading dental coverage forms at least three times during the time frame of the alleged discrimination.The commission determined that this ability of Teddys to spread over employees use of the site was a violation of their anonymity and therefore refused to consider this information. The circuit court did consider this in their decision. Provide three recommendations to the CEO for a way to ensure that employees in the future can not claim technical issues for why they didnt make a complaint. Explain, in your recommendations, the legal consequences to an employee i f they do not utilize the complaint mechanism of the sexual harassment policy. Support these recommendations with current case law. 4.Question How would Pollards case be impacted if her replacement had been a female? Would her case be different? Would her damages be different? Explain your answer. 4 weeks ago Magnus Grimmers 0 Add a comment Google 4 weeks ago MGMT 520 Week 8 Final Set 1 download http//homeworkfox. com/tutorials/business/12949/mgmt-520-week-8-final-set-1/ 1. TCO D Short Answer Question and Facts for Page 1 Questions A well known pharmaceutical company, Robins & Robins, is working through a public scandal.Three popular medications that they sell over the counter have been determined to be sully with small particles of elastic explosive. The plastic explosives came from a Robins http//mgmt520. blogspot. com/search? updated-min=2013-01-01T0000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 10 of 30 MGMT520 Entire Course (Legal, Political, Ethica l Dimensions of Business) 3/1/13 1120 PM & Robins supplier named Casings, Inc. , that supplies the capsule casings for the medication pills. Casings, Inc. , also sells shell casings for ammunition. Over $8 one million million in inventory is impacted.The inventory is located throughout the occidental United States, and it is possible that it has also made its way into parts of Canada. Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that change over-the-counter medications to incorporate a special tracking bar code (i. e. , UPC bars) on their advancement to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per software system. Robins & Robins lobbied hard against this rule and managed to get it blockped in the public comments period.They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised privacy concerns, whi ch they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with crapulence treatment specifically for withdrawal symptoms and many alcoholics were afraid their use of the drug could be tracked back to them. ) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the package and managed to get enough public interest groups against the rule.The FDA decided not to impose the rule. Robins & Robins contract with Casings, Inc. , states, in role 14 B. 2. a. , The remedy for defects in supplies shall be modified to the cost of the parts supplied. Casings, Inc. , had negotiated that clause into the contract after a lawsuit from a person who was rotating shaft by a gun resulted in a partial judgment against Casings for contributory negligence. List any bases Robins & Robins could sue Casings, Inc. , under contract theory ONLY for the damages caused by the explosi ves in their drugs, over and above the cost of the capsule shells. short answer question) (Points 15) 2. TCO B. The FDA discovers that, during the public comment process, Robins & Robins bribed one of the members of the administrative panel that decided to pull the rule from consideration. The member of the panel was removed and is being charged criminally. As a result, the FDA immediately implements an emergency order that puts into effect the tracking bar requirement and makes the rule retroactive, but only to Robins & Robins. Provide two arguments Robins & Robins can make to have the rule determined to be invalid under the Administrative Procedures Act.Explain your answer. (Points 30) 3. TCO C. Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall aft er having already purchased the medication. It is quickly determined that they will need liver-colored transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. Their families are considering suing for both 402A and negligence.The attorneys stated that but for the lobbying efforts, the recall process would have been change and the people would not have gotten sick or died. You are an employee with the FDA. You are drafting a memo to your boss analyzing the FDAs liability and explaining why the FDA did the right thing in deciding not to pass the original tracking bar (UPC) rule. You are specifically being told to respond to the issue of the deaths and illnesses. What would you write? Include (and fully explain) any defenses you feel that the FDA could use against any negligence or public relation cases.Explain what liability (if any) the FDA could have to the victims and their families. (Points 30) 4. TCO A. It is discovered that Robins & R obins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their fake recall failed. Using the Blanchard and Peale method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the http//mgmt520. blogspot. com/search? updated-min=2013-01-01T0000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 11 of 30MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their fake recall as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are escalating. What is the right thing for the CEO to do in this case? (Points 30) 5. TCO I. A Canadian citizen whose child died from the medication sues the FDA for allow ing the sale of dangerous medication in Canada.The lawsuit is filed in the International Court of Justice (ICJ). Is this the proper court to hear this case? Why or why not? (short answer question) (Points 15) Question 2 2 essays, 30 points each. 1. TCO E. Anna and Lisa both sue parson Forester and the discipline under Title VII. Analyze their Title VII lawsuit against the school and Pastor Forester. Explain whether you feel that the two injured teachers have cases for recovery (describe the theories and whether you feel they will be successful).Discuss whether the school being a religious, private school has any bearing on liability or protection from liability. Include all defenses functional to the school and Pastor Forester. (Points 30) 2. TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a pastor. His real name is Jerry Birches, a parolee with convictions for child molestation. His parole agreement prohibits him being clo se at hand(predicate) than 1,000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks.The president of the circuit card of directors immediately fires Pastor Jerry Birches Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He then sues the school for discharge him for being a convicted felon. He claims that is illegal, and he publicly attacks the church for their less-than-Christian behavior in firing him. The board immediately convenes to discuss damage control. It knows you took a law and ethics course recently and asks you to write a news call on to the local newspaper explaining the situation. Using ethical and legal considerations (including the fact you are in the middle of mul tiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did. (Points 30) Exact XX Page 3 Two essays at 30 points each. 1. TCO F. Ellen DeGeneres sues Clean Clothes for the use of a look-alike model for the slack advertisement. She includes Lanham Act, misappropriation, and right of publicity claims in her complaint.Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their mens clothing sales with her unsolicited comment. What facts will Ellen use to support her cases, and why will those support her cases? What defenses will Ellen have against Clean Clothess and JOSBs countersuits? Do you think any of the three will win their cases? Why or why not? (Points 30) 2. 2. TCO G. It is discovered that 2 weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200).The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), a nd she made another $210,000 in the next week on that trade. The thrill in the price was not directly tied to her comments but was suspected to be a result of a recall JOSB made on their entire line of mens black and brown dress slacks when it was discovered that they had been sewn together with white thread. Ellens previous trading activity shows that she made it a normal practice to vigorously trade the stock of any company with which she did business.A review of her trading activity for the past year showed that she had bought and sold JOSB http//mgmt520. blogspot. com/search? updated-min=2013-01-01T0000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 12 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM stock 25 different times, including short sales like this one. Her boilersuit trading for JOSB stock for the last 12 months was a net loss of $82,000. 00. Do you think the SEC will file anything against Ellen for her sales o f JOSB?Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) and whether she should be concerned. Is her prior trading activity a defense? Should Ellen have avoided discussing JOSB publicly on her show because she typically trades their stock? (Points 30) 4 weeks ago Magnus Grimmers 0 Add a comment Google 4 weeks ago MGMT 520 Week 8 Final Set 2 download http//homeworkfox. om/tutorials/business/12950/mgmt-520-week-8-final-set-2/ TCO D Short Answer Question and Facts for Page 1 Questions A well known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications that they sell over the counter have been determined to be tainted with small particles of plastic explosive. The plastic explosives came from a Robins & Robins supplier named Casings, Inc. , that supplies the capsule casings for the medication pills. Casings, Inc. , also sells shell casings for ammunition. Over $8 million in inventory is impacted.The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada. Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that sold over-the-counter medications to incorporate a special tracking bar code (i. e. , UPC bars) on their packaging to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per package. Robins & Robins lobbied hard against this rule and managed to get it stopped in the public comments period.They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised privacy concerns, which they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with alcoholism treatment specifically for withdrawal symptoms and many alcoholics were afraid their use of the drug could b e tracked back to http//mgmt520. blogspot. com/search? updated-min=2013-01-01T0000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 13 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM hem. ) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the packaging and managed to get enough public interest groups against the rule. The FDA decided not to impose the rule. Robins & Robins contract with Casings, Inc. , states, in section 14 B. 2. a. , The remedy for defects in supplies shall be limited to the cost of the parts supplied. Casings, Inc. , had negotiated that clause into the contract after a lawsuit from a person who was shot by a gun resulted in a partial judgment against Casings for contributory negligence.Robins & Robins sues Casings, Inc. , for indemnification from suits by injured victims from the medication, for the cost of the capsule shells, for attorneys fees, and for punitive damages. List any defenses Casings, Inc. , would have under contract theory ONLY. (short answer question) 2. TCO B. The FDA decides to require all pharmaceutical companies to immediately implement the tracking bars (UPC) as a result of the disaster with Robins & Robins. Robins & Robins decides not to challenge this and begins the process of adding them to all of their products. However, McFadden, Inc. a New York pharmaceutical company, realizes that this new requirement is going to bankrupt them immediately. McFadden did not inscribe in the original public comment period. However, this rule is different from the rule that went through that public comment period in that it specifically names four companies as being impacted Robins & Robins, McFadden, Inc. , aspirin, and Johnson & Johnson. On what bases can McFadden challenge this requirement imposed by the FDA, and can they be successful? Provide at least two bases under the Administrative Procedures Act and justify your answer. Points 30) 3. TCO C. Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. Their families are considering suing for both 402A and negligence.The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died. You are the attorney for one of the dead childrens family. List the causes of action (if any) you would file against Robins & Robins, the FDA, and the bribed FDA member. List the elements of the causes of action, and set forth the facts that you have that would support a lawsuit against each of the three named defendants. State any defenses any of the three would have. Analyze the success of the defenses. TCO A.It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their fake recall failed. Using the Laura Nash method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their fake recall as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are scalating. What is the right thing for the CEO to do in this case? Did the model help you come to this conclusion, or did you use some other method? Explain. 5. TCO I. A Canadian citizen whose son (resident of Ontario) died from the medication sues Robins & Robins in a California court. The court there is well known for being victim friendly and providing massive payouts to victim families. In Canada, the cap on nonpecuniary damages is around $300,000. Punitive damages in Canada are rarely allowed. Robins & Robins moves to dismiss the case under the theory of sovereign immunity.Will Robins & Robins win this motion using this theory? Why or why not? (short answer question) (Points 15) Question 2 2 essays, 30 points each. http//mgmt520. blogspot. com/search? updated-min=2013-01-01T0000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 14 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM TCO E. Anna and Lisa both sue the school and Pastor Forester for discrimination and further, for liability for their injuries (the stabbing damages and the damages to Lisas sons health. You are one of the board of directors and need to analyze the liability of the school. Limit your answer to the SCHOOLS liability only. Write a brief memo as to whether Pastor Forester committed illegal or discriminatory practices in his brief tenure described in this situation. Then, analyze the potential liability of the school. Discuss agency liability, as well as any employment law aspects. Explain whether you feel that the two injured teachers have cases for recovery against the school. Discuss whether the school being a religious, private school has any bearing on or protection from liability.Include all defenses available to the school. TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a Pastor. His real name is Jerry Birches, who is a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through th e cracks. The President of the Board of Directors immediately fires Pastor Jerry Birches Forester and notifies his parole officer of the violations.Pastor Forester claims the board knew about his background, because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He then sues the school for firing him for being a convicted felon. He claims that is illegal, and he publicly attacks the church for their less than Christian behavior in firing him. The board immediately convenes to discuss damage control. They know you took a Law and Ethics course recently and ask you to write a news release to the local newspaper, explaining the situation.Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did. Page 3 Two essays at 30 points each TCO F. Ellen DeGeneres sues Clean Clothes for t he use of a look-alike model for the slacks advertisement. She includes Lanham Act, misappropriation, and Right of Publicity claims in her complaint. Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their mens clothing sales with her unsolicited comment.What facts will Ellen use to support her cases and why will those support her cases? What defenses will Ellen have against Clean Clothes and JOSBs countersuits? Do you think any of the 3 will win their cases? (Why or why not. ) 2. TCO G. It is discovered that two weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200). The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade.The swing in the price was not directly tied to her comments, but was suspected to be a result of a recall JOSB made on their entire line of mens black and brow n dress slacks when it was discovered that they had been sewn together with white thread. Ellens previous trading activity shows that she made it a normal practice to vigorously trade the stock of any company with which she did business. A review of her trading activity for the past year showed that she had bought and sold JOSB stock 25 different times, including short sales like this one.Her overall trading for JOSB stock for the last 12 months was a net loss of $82,000. 00. Do you think the SEC will file anything against Ellen for her sales of JOSB? Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) and whether she should be concerned. Is her prior trading activity a defense? Should Ellen have avoided discussing JOSB publicly on her show since she typically trades their stock? (Points 30) 4 weeks ago Magnus Grimmers 0 Add a comment http//mgmt520. blogspot. com/search? pdated-min=2013-01-01T0000-0800&updated-ma x=2014-01-01T000000-0800&max-results=23 Page 15 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM Google 4 weeks ago MGMT 520 Week 1 Dq 1 National and international ethics Patent rights download http//homeworkfox. com/tutorials/business/12951/mgmt-520-week-1-dq-1-national-andinternational-ethics-patent-rights/ National and international ethics Patent rights In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was ent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and US Senators. According to a report from the CDC, 22 people who were infected with the anthrax spores which were mailed out in two separate attacks, and of those, five persons died. (CDC) Fortunately for many of the victims, once it was established and known that anthrax was the cause of the illnesses (and deaths), Bayer was able to provide for sale to the vi ctims and to others who feared becoming victims, a drug they had invented and patented called ciprofloxacin. Bayer, AG, is a German based company, which has plants in various countries, the U. S. included. Bayer was founded in 1863 and is well known for its trademarked aspirin (1899) but not so prominently known for its trademark of heroin in 1900, marketing it for decades as a childrens cough medicine. During the first and 2nd world wars, Bayer was involved in chemical warfare manufacturing and has spent a considerable amount of time and money overcoming some of the repercussions of their involvment in those wars and the atrocities which occurred during them.Despite this, they remain a well-respected name brand in many households throughout the world. (GMWatch) Bayer had paid reparations after World War II and had its patent for aspirin stripped from it and awarded to a US Company due to its involvement with the World Wars. Bayer wasnt allowed to even use its name until 2000 and so during the anthrax crisis, kept a low profile as a deliberate means to avoid appearing exploitive of the problem of the anthrax smash in the U. S.Once the anthrax scare happened, however, Cipro went into high demand, and people all over North America were stockpiling the drug, making it even more barely and driving up the cost. Because only people with prescriptions could purchase the drug in the U. S. , Mexican pharmacies capitalized on the market and starting selling it to the US citizens for a huge profit. Canada became frustrated with Bayers refusal to answer their questions about its ability to meet production needs in the event the anthrax crisis went global. It http//mgmt520. blogspot. com/search? pdated-min=2013-01-01T0000-0800&updated-max=2014-01-01T000000-0800&max-results=23 Page 16 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM suspended Bayers patent and ordered other drug companies to unveil their generic formulas. Baye r immediately threatened such companies with litigation in the event they violated the patent on Cipro. (Jennings) The U. S. Congress began considering suspending the Cipro patent as well. The CDC announced a warning to people stockpiling Cipro that it was a dangerous drug with serious side effects which people should not use without medical supervision.Many argued that the US suspension threat was simply used to negotiate down the price of Cipro, and in fact, Health and Human Services Secretary Tommy Thompson was submissive in these negotiations. At no time during the situation was Bayer unable to fulfill the orders or needs for Cipro. Bayer had $1 billion in Cipro sales in the year prior to the anthrax attacks (Herper, 2001) At the time of the crisis, Bayers statement of corporate values was Our goals are to steadily increase corporate value and generate a high value added for the benefit of our stockholders, our employees and the community in every country in which we operate.We believe that our technical and commercial expertise involves obligation to work for the common good and contribute to sustainable development. (Jennings, 2008) Now, more than a decade after the crisis, you can review Bayers newer mission and values statements on their US website (http//www. bayer. com/en/missionvalues. aspx). Lets discuss this scenario using the ethical dilemma resolution models and the information about social responsibility in our text, as well as using the International Code of Ethics article you can find here or in doc-sharing, authored by our textbook author, Marianne Jennings.Are there situations in which a company, for the common good, must give up the economic advantage accorded by intellectual property laws? Should Bayer have followed its own credo more than it manifestly did? Was it unethical in threatening litigation to those who attempted to thwart its patent rights? And was the US and Canada unethical in using their governmental actions in ignoring p atent law to gain a negotiating edge in getting the price of Cipro lowered during the crisis? Would an International Code of Ethics have assisted in this scenario? 4 weeks ago Magnus Grimmers 0Add a comment 4 weeks ago MGMT 520 Week 1 Dq 2 As the pendulum swings. Ethics and the Law download http//homeworkfox. com/tutorials/business/12952/mgmt-520-week-1-dq-2-as-thependulum-swings-ethics-and-the-law/ As the pendulum swings. Ethics and the Law. All of us know what happens when a pendulum rests at the bottom of its swing, with nothing acting upon it. It quietly waits for something to start its movement. However, once something has started it swinging, we have all witnessed how long it takes for it to stop the heavier the pendulum the higher it http//mgmt520. logspot. com/search? updated-min=2013-01-01T0000-0800-max=2014-01-01T000000-0800-results=23 Page 17 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM swings. Law, Ethics and Politics w ork together like a Newtons cradle a conglomeration of multiple pendulums which collide, sending each one higher in the air, with every click at the bottom of the swing forcefully sending the others shooting off in other directions. Weve decided to start this course off with a pendulum swinging.Over the last few years, we have witnessed unprecedented financial devastation throughout the business and banking world. This all has occurred AFTER the pendulum swinging regulations which were put into place and are discussed in Chapter 2 of your textbook Enron, Worldcom, and other ethically challenged companies caused Congress to pass legislation (Sarbanes-Oxley) which was supposed to protect companies and the public from unethical behavior by their leaders. Marianne Jennings refers to prosecutors as ethical officers in companies listed on the call-out on page 62 AIG, Bear Stearns, Morgan Stanley, and KPMG.Of these firms, we have witnessed the implosion of some of them and all of their roles in these companies is open to discussion this week. My question to you for the beginning of our dissection of the relationship among the law, politics and ethics Is law the catalyst for starting the pendulum swinging? Or is it ethics? Politics? Or all three and of the three which one SHOULD be the catalyst? Our textbook author wrote an article in 2010 for The Arizona Republic entitled The Moral Hazard of Walking Away from Debt reprinted in our textbook on pp. 491-492.Reading this may assist you in collecting your thoughts about this thread. When we see that the interaction of all three can impact our wallets, our ability to purchase a home and our childrens or grandchildrens ability to live like we do is it our job as business professionals to avoid unethical behavior which will set off the Newtons cradle? For example the U. S. home mortgage crisis has impacted the worlds global economy. Do we have an ethical responsibility to do something about this? What other industries have had major international impacts caused by the U. S. ctions? And what is it that we should do? 4 weeks ago Magnus Grimmers 0 Add a comment 4 weeks ago MGMT 520 Week 2 Dq 1 Administrative Regulations Discussion download http//homeworkfox. com/tutorials/business/12953/mgmt-520-week-2-dq-1administrative-regulations-discussion/ Week 2 Administrative Regulations Discussion Chapter 5, Problems 7 and 4 (graded) Please study the problem found in e-book Chapter 5, problem 7, and answer the following questions On appeal to the U. S. Supreme Court, 1. Can the statute survive a constitutional challenge? 2.Is there a acute basis for the statute? http//mgmt520. blogspot. com/search? updated-min=2013-01-01T0000-0800-max=2014-01-01T000000-0800-results=23 Page 18 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 1120 PM 3. What effect does the evidence to the contrary have on the statutes constitutionality? We will also read and discuss Chapter 5 problem 4 in this thread, the throughway v. Bruce Church case. Note that this case is available online, but heads-up The U. S. Supreme Court has overturned a significant part of it.We will talk about this and judicial review during the week as well. Much to do 4 weeks ago Magnus Grimmers 0 Add a comment 4 weeks ago MGMT 520 Week 2 DQ 2 to a fault much regulation or not enough download http//homeworkfox. com/tutorials/business/12954/mgmt-520-week-2-dq-2-too-muchregulation-or-not-enough/ Week 2 Administrative Regulations Discussion Too much regulation or not enough? (graded) On pages 209 through 213, your textbook has a series of cases and problems, most of which have been taken from real cases in the United States regulatory world of business.Each case has a unique feature to it, and provides future business leaders with guidance about the landmines which await when the government gets in line to attempt to regulate your business. Every day, profitable businesses meet hurdles of regul ation which happen seemingly out of the blue. Yet, under the Administrative Procedures Act (which exists at the federal level as well as in many if not most states, which have their own acts), rules of publication and due process do come into play.Savvy business leaders stay in front of these new and proposed regulations through many avenues, which we will explore and discuss this week, along with a fact scenario. As way of background, let us take you through a few of the cases in the book. First, problem seven, page 211, Chapter 6 In 1994, the company which have Hooked on Phonics, Gateway Educational Products, Inc. , entered into an agreed settlement with the FTC whereby they agreed not to make claims about how their product assisted young readers without proof from large research which supported their advertising claims.This was despite results from a yearlong study of several first-grade classrooms which showed vast improvement in students reading skills. (Nathans, 1994) The F DA regulates new drugs and medical procedures for the U. S. , as discussed in your textbook problem number eight, page 211, Chapter 6. However, the FDAs control is limited by law. The U. S. Dept of Health and Human Services is the federal dept to which the FDA reports. You can review the FDAs role in Lasik surgery on their very extensive website found at http//www. fda. gov (FDA role page http//www. da. gov/MedicalDevices/ProductsandMedicalProced