MBA5005 Law & Ethics for Managers
Week 1 discussion
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Before beginning work on this week's discussion forum,
please review the link "Doing Discussion Questions Right," the
expanded grading rubric for the forum, and any specific instructions for this
week's topic.
By the due date assigned, submit your answers to this
Discussion Area. Post the assignment directly in the discussion thread and
label the answers with the appropriate scenario number. Do not copy the
scenarios into the thread with the answers. Start reviewing and responding to
your classmates as early in the week as possible. You should review and
critique the work of other students, as outlined in the rubric, by the end of
the week.
Select two of the scenarios listed below and explain the
best solution for each. Include comments related to any ethical issues that
arise. Support your responses with appropriate cases, laws and other relevant
examples by using at least one scholarly source from the SUO Library in
addition to your textbook for each scenario.
Scenario I—Law and Ethics
CourseHero.com is one of the many websites where students
submit assignments and pay an unknown person located anywhere in the world to
write papers the students can submit to their professors.
A student posted a message on CourseHero.com requesting
preparation of a 12-page paper that explained the importance of the
university's academic integrity policy and the various reasons for not
cheating. The student offered to pay $50 for the paper.
What legal and ethical issues do you see with the student
posting the assignment so someone else can prepare the paper?
Hint:
Consult your student handbook, starting with the section
titled "Academic Integrity, Intellectual Property and Copyright
Policies," for both ethical and legal ramifications of posting an
assignment from the South University to another website. The legal portion
starts around page 30.
Scenario II—Second Amendment
You accepted a job with Generic Hospital located in your
city. The hospital is part of the Well Care system of for-profit hospitals. The
employee handbook prohibits employees from possessing firearms on any company
property. Generic Hospital is located in an area of town that is known for high
crime rates, and you work the second shift, which means you will be leaving
work late in the evening. You have a permit to carry a firearm in your car and
believe the handbook’s provision violates your rights.
Summarize your state's parking lot laws related to firearms.
If you challenge your employer, which party will prevail?
Provide arguments for both sides, determine which party wins, and provide
support for your decision.
Scenario III–First Amendment
Sullivan, a student at Shelby County Middle School, learned
he received a D in English, which meant he would be required to attend summer
school. While in the school library, Sullivan posted on Facebook that his
English teacher should be shot. Sullivan also posted a cartoon that showed the
teacher's head on a bloody dead body. Three days later, Sullivan's mother
instructed her son to remove the post. Before the post was removed, a student
printed the post and showed it to the principal, who suspended Sullivan for the
last two weeks of school. Law enforcement was not involved in the situation.
Determine whether Sullivan's statement and the resulting
action by the school violate the First Amendment. Provide at least one case to
support your answer.
Scenario IV – Jurisdiction
Ima Little, 4'2"
tall, visited Southern Subs Restaurant (SSR) in Montgomery, Alabama. SSR’s corporate headquarters is located in
Savannah, Georgia. Little was three
months pregnant and craved a sandwich with anchovies. She took the receipt
after ordering her food and reviewed it
while walking to a table. Little noticed the receipt contained the words
"Fat Midget" printed by customer name. Before she could get to her
table, Little stepped in some sauce, slipped, and fell, sustaining injuries to
her back and arms. She suffered a miscarriage
24 hours after falling at the restaurant.
Discuss each of the following possibilities for filing a
lawsuit, select the best option and support your choice.
Alabama State Court
Alabama Federal District Court
Georgia State Court
Georgia Federal District Court
MBA5005 Law & Ethics for Managers
Week 2
discussion
Subscribe
Before beginning work on this week's discussion forum,
please review the link "Doing Discussion Questions Right," the
expanded grading rubric for the forum, and any specific instructions for this
week's topic.
By the due date assigned, submit your answers to this
Discussion Area. Post the assignment directly in the discussion thread and
label the answers with the appropriate scenario number. Do not copy the
scenarios into the thread with the answers. Start reviewing and responding to
your classmates as early in the week as possible. You should review and
critique the work of other students, as outlined in the rubric, by the end of
the week.
Select two of the scenarios given below and explain the best
solution to each. Include comments related to any ethical issues that arise.
Support your responses with appropriate cases, laws and other relevant examples
by using at least one scholarly source from the SUO Library in addition to your
textbook for each scenario.
Scenario I—Torts and Product Liability
On his way home from work, Andy Earl stopped at Mad Beach
Pub. After leaving the pub, Earl drove his car into a house at a speed of
approximately 30 miles per hour. When the car struck the house, the passenger
compartment collapsed and Earl was seriously injured. His blood alcohol content
was 0.08%. The investigation also discovered that he had been texting at the
time of the accident. Earl brought a strict product liability action against
the car manufacturer on the grounds that the car was not crashworthy. He also
filed suit against the pub for selling him the alcohol.
Summarize the statutes from your state related to driving
under the influence (DUI) and texting while driving.
Provide the arguments that each party (Earl, the car
manufacturer, and the pub) will make at trial.
Explain how the court should rule. Provide support for your
decision.
Scenario II—Torts
After the extraction of two teeth, Yolanda’s dentist, Dr.
Harris, wrote a prescription for pain medication and cautioned her not to drive
or operate heavy machinery while taking the medication. Yolanda took the
prescription to the drive-in window at the local Walgreens pharmacy. The
pharmacy was busy and understaffed at the time, and the technician failed to
include information about adverse reactions associated with taking the
medication. Yolanda took a pill upon leaving the pharmacy and made another stop
at the grocery store. After leaving the store, Yolanda failed to stop at a stop
sign, and hit another car, injuring the driver of the other car and a
passenger.
Using the textbook, the laws of your state, and other
scholarly sources, explain the potential lawsuits and the probable outcomes for
the lawsuits filed by the injured driver against Yolanda, Dr. Harris, and
Walgreens.
Scenario III—Employment
Little Rock Catering, located in western Arkansas, provides
food for special events and wedding consulting services. The business is
privately owned and has seven employees. Sam, a 45-year-old lesbian, applied
for the position of event services coordinator and was denied the position. Sam
was highly qualified, with 10 years of experience in event planning. Mary Beth,
a 21-year-old recent college graduate and member of the owner's church, was
hired.
Research the state laws on nondiscrimination in Arkansas and
your state.
On the basis of Arkansas state law and federal law, what is
the probable outcome of a lawsuit based on sexual orientation discrimination?
On the basis of Arkansas state law and federal law, what is
the probable outcome of a lawsuit based on age discrimination?
Would the outcome of a lawsuit based on sexual orientation
discrimination be different if the catering company was located in your state?
Scenario IV: Product Liability
Shenzhen Limited manufactures electric hair dryers. Julie purchases a Shenzhen Limited dryer from
her local Sally’s Beauty Supply.
Frances, a friend and guest in Julie’s home, has taken a shower and
wants to dry her hair. Julie tells
Frances to use the new Shenzhen Limited hair dryer that she has just
purchased. As Frances plugs in the
dryer, sparks fly out from the motor, and sparks continue to fly as she
operates it. Despite this, Frances
begins drying her hair. Suddenly, the
entire dryer ignites into flames, severely burning Frances’ scalp. Frances sues Shenzhen Limited on the basis of
negligence and strict liability in tort.
Shenzhen Limited admits that the dryer was defective but denies
liability, particularly because Frances was not the person who purchased the
dryer. In other words, Frances had no
contractual relationship with Shenzhen Limited.
Discuss the validity of Shenzhen Limited’s defense.
Are there any other defenses that Shenzhen Limited might
assert to avoid liability? Discuss
fully.
MBA5005 Law & Ethics for Managers
Week 3
discussion
Before beginning work on this week's discussion forum,
please review the link "Doing Discussion Questions Right," the
expanded grading rubric for the forum, and any specific instructions for this
week's topic.
By the due date assigned, submit your answers to this
Discussion Area. Post the assignment directly in the discussion thread and
label the answers with the appropriate scenario number. Do not copy the
scenarios into the thread with the answers. Start reviewing and responding to
your classmates as early in the week as possible. You should review and
critique the work of other students, as outlined in the rubric, by the end of
the week.
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 try to 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—Contracts
Dr. Delgado, a pediatrician entered into an employment
agreement with the All Children’s Hospital.
According to the contract, after termination of her employment for any
reason, Delgado could not compete with the hospital by working within a
100-mile radius of it for two years. One
year after resigning from the hospital, Dr. Delgado opened her own pediatric
practice within 75 miles of the hospital and began seeing patients. All Children’s Hospital filed a
breach-of-contract lawsuit against her.
Provide potential arguments for both parties regarding the
breach of the non-compete contract lawsuit. Support your responses with
appropriate cases, laws and other relevant examples by using at least one
scholarly source from the SUO Library in addition to your textbook for each
scenario.
Scenario 2—Intellectual Property
Professor Klug teaches tort law for Las Vegas School of Law,
a for-profit law school. Several times
during the semester, the professor made copies of various articles and
distributed them to his students.
Unbeknownst to Klug, the daughter of one of the article's authors was a
student in his class. The daughter told
her father about Klug's copying, which took place without the father's or
publisher's permission. The father sues
Klug for copyright infringement. Klug claims protection under the fair use doctrine.
Provide arguments for each party. Determine which party will win. Provide support for the arguments and the
final answer with cases or scholarly articles from the South University Online
Library.
Scenario 3—Antitrust
Mitchell Dawson and three of his friends purchased
nonrefundable tickets from Live Nation Entertainment to attend a concert at the
Straz Center in Tampa. The front of the
ticket included a printed statement that the price included a $10 parking
fee. Dawson and his friends hired an
Uber driver to take them to the concert.
Frustrated at being charged for parking that he did not
need, Dawson filed a lawsuit in federal district court against Live Nation
arguing that the bundled parking fee was unfair since consumers were forced to
pay it in order to attend the concert.
He asserted the tying arrangement violated Section 1 of the Sherman Act.
Present the arguments that both parties to the lawsuit would
make.
Select a winner and support your choice.
Scenario 4—Consumer Protection
On February 1, a salesperson for Metropolitan Life Insurance
met with the Drakes at their home. The
Drakes lived in a 55+ retirement community with a homeowners association that
prohibited door-to-door sales. After
facing a persuasive sales pitch about the importance of providing for the
surviving spouse and their kids and grandkids, the Drakes signed a contract to
purchase a life insurance policy for a total of $3000 per year. A down payment of $100 was required, with the
remainder of the cost to be paid in monthly payments. Two days later, the Drakes had second
thoughts about purchasing the insurance.
Mr. Drake contacted the insurance company and stated that they had
decided to cancel the contract. The
insurance company said it would be impossible to cancel the first year and the
Drakes would be in breach of contract if they did not make all of the payments.
Did Metropolitan Life Insurance violate any consumer laws by
not allowing the Drakes to rescind their contract? Explain.
MBA5005 Law & Ethics for Managers
Week 4 discussion
Before beginning work on this week's discussion forum,
please review the link "Doing Discussion Questions Right," the
expanded grading rubric for the forum, and any specific instructions for this
week's topic.
By the due date assigned, submit your answers to this
Discussion Area. Post the assignment directly in the discussion thread and
label the answers with the appropriate scenario number. Do not copy the
scenarios into the thread with the answers. Start reviewing and responding to
your classmates as early in the week as possible. You should review and
critique the work of other students, as outlined in the rubric, by the end of
the week.
Select two of the scenarios listed below and explain the
best solution for each. Include comments related to any ethical issues that
arise. Support your responses with appropriate cases, laws and other relevant
examples by using at least one scholarly source from the SUO Library in
addition to your textbook for each scenario.
Scenario I - Business Organizations
Yolanda, Ginny, and Sara met while working for the Campus
Subs in Knoxville, Tennessee. Yolanda was attending college to earn a business
degree in hospitality. Ginny was attending culinary school to become a chef,
and Sara was a recent graduate in sales and marketing. The three ladies decided
to open their own soup and sandwich restaurant on wheels, also known as a food
truck. They planned to start small with one truck but had big dreams to own a
whole fleet of trucks that served a variety of foods.
Yolanda took a business law class and remembers there are
several forms for organizing businesses. The ladies have come to you for advice
about the various forms of business organizations.
Evaluate three forms of business organizations including
advantages and disadvantages related to the business the ladies plan to
operate. At least one of the options must be the LLC or LLP.
Select a business form for the friends and defend your
choice.
Explain the requirements for starting that form of business
in your state.
Scenario 2—LLC Liability
Plaintiffs Karl and Ginny Drake were injured by lead paint
while living in a house owned by Riverwood Homes, LLC. The plaintiffs sued Bill Ding, a member of
the LLC at the time it owned the property, alleging that he was liable for
their injuries. Ding had limited
involvement with the property. He has
never visited the property, and neither he nor the LLC was aware that the
plaintiffs were occupying the property until after the LLC acquired it. Once they realized this fact, they took legal
action to have the plaintiffs removed.
The applicable housing code imposes liability on any individual who
"owns, holds, or controls" the title to the property.
Is Ding liable for the plaintiffs' injuries?
What are the policy arguments in favor of both parties?
Scenario 3—Securities
In 2010, after working at Regions Bank for 6 years, Noah
Lott helped found Nova Capital Corporation, a venture capital firm that
invested in the technology sectors. NCC
went public in 2012, and Lott served as its CEO and chairman of the board. Various documents filed with the SEC stated
that Lott "earned his MBA in finance from Harvard University and an
undergraduate degree in management.” In
fact, he attended Harvard for only year and did not graduate. After being pressured by a journalist, Lott
disclosed the misrepresentation to the NCC board. The same day, the company issued a press
release correcting the statement.
The press responded negatively to "another CEO that
lied about his resume" and speculated about "what else might not be
right.” On the day the press release was
issued, NCC's stock price dropped from $33.58 per share to $26.40, but it fully
recovered within a six weeks.
Shareholders sued, alleging that the misrepresentation
violated section 11 of the 1933 Act, section 10(b) of the 1934 Act, and Rule
10b-5.
Was Lott's lie about having a college degree material?
Would your answer be the same if a CEO lied about having
helped to take a company through an initial public offering and subsequent
acquisition by another company and having led a pharmaceutical company from
incorporation through human clinical trials and launch of a new drug?
If you were a member of the NCC board, would you be
comfortable keeping Lott as CEO once you learned that he had lied about having
a college degree?
Scenario 4 - Bankruptcy and Secured Transactions
Coastal Property Restoration (CPR) periodically purchased
used restaurant equipment from Slyce Pizza Company. CPR refurbishes and sells
restaurant equipment to small restaurants. In December 2015, CPR purchased five
used pizza ovens for $25,000. Because of the good relationship between the
companies, Slyce financed the ovens for two years; however, Slyce did not
obtain a perfected security interest in the ovens. In July 2016, CPR sold four
of the ovens to another refurbishing company for $2,000 two days before filing
bankruptcy. CPR still owes approximately $20,000 to Slyce for the ovens.
Evaluate the legal and ethical issues associated with CPR's
sale of the pizza ovens before filing bankruptcy. What recourse does Slyce have
in recovering the monies still owed on the equipment or the remaining oven?
MBA5005 Law & Ethics for Managers
Week 5
Discussion
Before beginning work on this unit's discussion forum,
please review the link "Doing Discussion Questions Right," the
expanded grading rubric for the forum, and any specific instructions for this
unit's topic.
By the due date assigned, submit your answers to this
Discussion Area. Post the assignment directly in the discussion thread and
label the answers with the appropriate scenario number. Do not copy the
scenarios into the thread with the answers. Start reviewing and responding to
your classmates as early in the week as possible. You should review and
critique the work of other students, as outlined in the rubric by the end of
the week.
Evaluate two of the scenarios listed below and explain the
best solution for each. Include comments related to any ethical issues that
arise. Support your responses with appropriate cases, laws and other relevant
examples by using at least one scholarly source from the SUO Library in
addition to your textbook for each scenario.
Scenario 1—International Trade
The Director of Purchasing for parts distribution company
wants to purchase steel coach screws from Germany; however, he is not sure what
the best option is. The director comes to you and asks your opinion. You know
that Germany, Canada, and Korea are the best sources for obtaining this
product. While your research shows coach screws from Germany are of the highest
quality, the United States imposes a tariff of 12.5%, which makes this option
noncompetitive.
Which US trade laws should you consider when selecting a
country?
Is there any way by
which you can seek a reduction on the tariff? If so, how? If not, why?
Select an alternative
country (Canada or Korea) for purchasing the coach screws and explain your
reasons for selecting the country.
Scenario 2 – Bribery
Slyce Pizza Company purchased four commercial refrigerators
for the restaurants and eight pizza ovens from a supplier in Italy. Between the
shipping costs, delays, and unanticipated duties, the purchasing manager was
worried that his boss would be upset about the total costs. In an effort to
reduce costs, the manager offered a US Customs officer $500 in cash to
re-classify the imported goods to reduce the amount of duties owed.
Analyze the legal and ethical ramifications of the
purchasing manager's offer to the customs official?
Would it make a difference if the purchasing manager offered
to donate $500 to St. Jude Children's Research Hospital if the officer
expedited the paperwork necessary to release the goods from custom's custody?
Scenario 3—Environment
Recycling Genie is a new company that contracts with Best
Buy and other electronics retailers for the collection old computers, monitors,
televisions, and cell phones dropped off at their facilities. The electronics
contain lead, mercury, and polyvinyl chlorides that are known to have
toxicological effects such as cancer, kidney disease, and brain damage.
Recycling Genie has been in negotiations to ship the e-waste to companies in
China, Vietnam, and Mongolia.
What are the legal
and ethical concerns with shipping e-waste to these countries?
Scenario 4—Property
Ginger and Allen lived together in New Mexico since 2011,
but they were not married until July 2013. Allen purchased the home in 2008,
prior to meeting Ginger. He did not add Ginger to the title after they were
married; however, she contributed to the mortgage payments from 2011 until she
started her business in 2013. In September 2013, Ginger inherited $55,000 from
her father that she used to start a corporation, Fantastic Faces, a beauty consulting
business
Ginger worked full time for Fantastic Faces, while Allen
continued with his job teaching at the university. Allen made no contributions
to Fantastic Faces. Due to limited financial resources, Ginger did not earn any
salary until 2015.
In May 2013, Allen inherited 20 acres of farmland in Alabama
from his grandfather. The land was leased to a local farmer. Allen visited the
farm after the funeral in 2013 but did not return to Alabama. The rental income
of $5,000 per year was deposited into the couple's joint account. Allen filed
for divorce in New Mexico on November 10, 2015.
Explain the how the
court will determine the ownership of the house, farmland, and business based
on New Mexico law.
Determine how the
court would decide if the couple resided in your state instead of New Mexico.
