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Business Law case TransUnion Question
Business Law case TransUnion Question
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Order Number |
87654rfvhgt |
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Type of Project |
ESSAY |
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Writer Level |
PHD VERIFIED |
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Format |
APA |
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Academic Sources |
10 |
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Page Count |
3-12 PAGES |
Instructions/Descriptions
Business Law case TransUnion Question
Write a 2–3-page executive briefing of a selected business-related case pertaining to the topic of contract law.
INTRODUCTION
In this introductory course to business law, you will examine real-world court decisions pertinent to the topics that you will be studying. This is not a course designed to train lawyers, and you are not expected to be an attorney-in-training. However, you will be asked to do a substantial amount of independent research in the scholarly and professional resources of the field. You will be called upon to locate court cases relevant to the topics of contracts and torts and to write an analysis for each case.
To help you get your research started, some prominent searchable databases of court cases have been recommended for you in the assessment resources. Try to imagine yourself as either the plaintiff or the defendant in the cases you review, to make these cases more meaningful to your life.
Use the resources provided to familiarize yourself with the legal terminology as early as possible, in order to help you make sense of the legal language found in court cases. The terminology that you will learn in this course will be useful in both a scholarly and everyday context.
OVERVIEW
Contracts are the heart and soul of commercial transactions. Different types of contracts bind parties together in business dealings. Review contracts that you have signed recently—a lease, an employment agreement, an extended warranty—to examine not only the language but also the scope of these agreements. Examine the language in the contract that outlines how disagreements will be resolved, and the penalties that adhere to either party for breach of the contract.
PREPARATION
The first step in preparing your case law analysis is to locate a published court decision and select an organization you believe would be impacted by the decision.
Choose a decision about contracts. To help you get started, use the Capella University Library Legal Research Library Guide and these well-known searchable databases of court cases. Try to imagine yourself as either the plaintiff or the defendant in the cases you read to make these cases meaningful to your life:
FindLaw. (n.d.). United States Supreme Court cases. https://caselaw.findlaw.com/court/us-supreme-court
Legal Information Institute. (n.d.). Supreme Court: Most recent decisions. http://www.law.cornell.edu/supct/
Nolo. (n.d.). Legal topics. http://www.nolo.com/legal-encyclopedia
Oyez, Inc. (n.d.). https://www.oyez.org/
Select an organization not a party to the case that you believe would be impacted by that court decision. It can be an organization you work for or have worked for, an organization you would like to work for, or some other organization.
Use the following media simulations to help you with this assessment:
This multimedia walks you through a written court decision and explains each part’s purpose.
Business Law Foundational Concepts.
This multimedia will help you to understand your reading materials and articles you find.
Review the terms or concepts listed under the tabs Foundational Legal Terminology and Contracts and Bankruptcy Terminology. You may start by studying the terminology listed in the Transcript view (click Transcript at the lower right corner of the screen). After you’ve studied the terms, go back to the interactive view, and try matching the terms to their definitions.
Use this multimedia to view several approaches to ethical thinking that can be applied to business.
In addition to your textbook, use the transcript as another resource to quickly look up some of the more common terms. This terminology will be useful in personal, scholarly, and professional settings.
This multimedia sets forth several approaches to ethical thinking that can be applied to business.
The Case Analysis Report: Executive Briefing Exemplar [DOCX] shows a sample case law analysis. You may wish to refer to it as you work on your assessment.
INSTRUCTIONS
Once you have selected a decision and an organization impacted by the decision, assume you’re a senior manager in the organization you selected and that you were asked to prepare an analysis of the court decision and brief the executive team of the organization about the impact the case might have on the company. Your briefing should include a summary of the case, as well as an evaluation of how the court’s decision impacts the organization from a business, legal, and ethical perspective. Be sure to list your case citation in the References page at the end of your briefing.
Step 1: Exhibit information literacy skills as applied to business law.
Identify the court, the parties who are before the court, and the date of the decision.
Ensure that your briefing provides an accurate context in terms of who brought the lawsuit and the outcome of the case.
Report research from a recognized authority that adds insight into the meaning, history, or impact of the case with relevant legal research from credible databases or online sources.
Step 2: Summarize the facts and ruling of a legal case and its impact on businesses.
Provide a brief background and context associated with the case. Summarize the facts in no more than 1–2 paragraphs.
Identify the specific disagreement between the parties. Was there a dissenting opinion? If so, explain it.
Summarize the court’s ruling, including its rationale.
Analyze the impact of the case on businesses, including both negative and positive impacts.
Step 3: Explain how the court decision impacts legal and ethical compliance in a business environment.
Identify the ethical and legal implications for a business that were suggested by the court’s decision.
Discuss whether or not the conduct of a party in the case was ethical or unethical.
Propose and explain an ethical theory that describes why a party’s conduct was ethical or unethical.
Step 4: Explain how a legal case could impact a specific organization not a party to the case.
Explain the impact of the court’s decision on your selected organization. In light of the court’s ruling, how might the executive team of the organization make future decisions or policy?
Additional Requirements
Based on your executive audience, your executive briefing should be no more than three pages, in addition to a References page, and should be well organized and written in clear, succinct language. Follow APA rules for attributing content to sources that support your analysis and conclusions.
Your submission should meet the following requirements:
Written communication: Write in complete sentences free from errors that detract from the overall message.
Font and font size: Arial, 12 points.
Format and length: Double-spaced, 2–3 pages.
Citations: Include complete citations of your sources along with a Resources page. Review Evidence and APA for more information on how to cite your sources.
Review the assessment scoring guide for details on how your assessment will be graded.
COMPETENCIES MEASURED
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 1: Articulate the importance, context, purpose, and relevance of law in a business environment.
Summarize the facts and ruling of a legal case and its impact on businesses.
Competency 2: Evaluate key judicial concepts that influence the decisions related to business.
Explain how the court decision impacts legal and ethical compliance in a business environment.
Explain how a legal case could impact a specific organization not a party to the case.
Competency 4: Develop information literacy skills as applied to business law.
Exhibit information literacy skills as applied to business law.
Competency 5: Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standard
ASSESSMENT 2
Introduction
OVERVIEW
Tort law is based on the notion that if one party harms another intentionally or by being careless or reckless (“negligent”), then the aggrieved party may be entitled to restitution and be made “whole.” In some cases, there is strict liability, as in cases of defective products. If a product is found to be inherently unsafe or defective, strict liability is imposed; “strict” means that neither intent nor negligence needs to be proven. Sometimes, a tort may also be a crime, as in the case of assault. Such a case can be brought both civilly and criminally. Here, we are only concerned with civil court cases. The court (using a judge or jury as fact-finder) will attempt to determine what damages are appropriate where a tort has been committed. A court will attempt to determine exactly what needs to be done when an aggrieved party can demonstrate damages, and what those damages should be, in order to return a party to its state prior to the alleged action. This remedy is almost always money because, in reality, no one can go back and undo the wrongful action.
PREPARATION
The first step in preparing your case law analysis is to locate a published court decision and select an organization you believe would be impacted by the decision.
Choose a decision about tort law. To help you get started, use the Capella University Library Legal Research Library Guide and these well-known searchable databases of court cases. Try to imagine yourself as either the plaintiff or the defendant in the cases you review to make these cases meaningful to your life.
FindLaw. (n.d.). United States Supreme Court cases. https://caselaw.findlaw.com/court/us-supreme-court
Legal Information Institute. (n.d.). Supreme Court: Most recent decisions. http://www.law.cornell.edu/supct/
Nolo. (n.d.). Legal topics. http://www.nolo.com/legal-encyclopedia
Oyez, Inc. (n.d.). https://www.oyez.org/
Select an organization not a party to the case that you believe would be impacted by that court decision. It can be an organization you work for or have worked for, an organization you would like to work for, or some other organization.
Use the following media simulations to help you with this assessment:
This multimedia walks you through a written court decision and explains each part’s purpose.
Business Law Foundational Concepts
This multimedia will help you to understand your reading materials and articles you find.
Click Transcript (after you open the multimedia, Transcript is found at the lower right corner of the screen).
In addition to your textbook, use the transcript as another resource to quickly look up some of the more common terms. This terminology will be useful in personal, scholarly, and professional settings.
This multimedia sets forth several approaches to ethical thinking that can be applied to business.
The Case Analysis Report: Executive Briefing Exemplar [DOCX] shows a sample case law analysis. You may wish to refer to it as you work on your assessment.
INSTRUCTIONS
Once you have selected a decision and an organization impacted by the decision, assume you’re a senior manager in the organization you selected and that you were asked to prepare an analysis of the court decision and brief the executive team of the organization about the impact the case might have on the company. Your briefing should include a summary of the case, as well as an evaluation of how the court’s decision impacts the organization from a business, legal, and ethical perspective. Be sure to list your case citation in the References page at the end of your briefing. Step 1: Exhibit information literacy skills as applied to business law.
Identify the court, the parties who are before the court, and the date of the decision.
Ensure that your briefing provides an accurate context in terms of who brought the lawsuit and the outcome of the case.
Report research from a recognized authority that adds insight into the meaning, history, or impact of the case with relevant legal research from credible databases or online sources.
Step 2: Summarize the facts and ruling of a legal case and its impact on businesses.
Provide a brief background and context associated with the case. Summarize the facts in no more than 1–2 paragraphs.
Identify the specific disagreement between the parties. Was there a dissenting opinion? If so, explain it.
Summarize the court’s ruling, including its rationale.
Analyze the impact of the case on businesses, including both negative and positive impacts.
Step 3: Explain how the court decision impacts legal and ethical compliance in a business environment.
Identify the ethical and legal implications for a business that were suggested by the court’s decision.
Discuss whether or not the conduct of a party in the case was ethical or unethical.
Propose and explain an ethical theory that describes why a party’s conduct was ethical or unethical.
Step 4: Explain how a legal case could impact a specific organization not a party to the case.
Explain the impact of the court’s decision on your selected organization. In light of the court’s ruling, how might the executive team of the organization make future decisions or policy?
Additional Requirements
Based on your executive audience, your executive briefing should be no more than three pages, in addition to a References page, and should be well organized and written in clear, succinct language. Follow APA rules for attributing content to sources that support your analysis and conclusions. Your submission should meet the following requirements:
Written communication: Write in complete sentences free from errors that detract from the overall message.
Font and font size: Arial, 12 points.
Format and length: Double-spaced, 2–3 pages.
Citations: Include complete citations of your sources along with a References page. Review Evidence and APA for more information on how to cite your sources.
Review the assessment scoring guide for details on how your assessment will be graded.
COMPETENCIES MEASURED
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 1: Articulate the importance, context, purpose, and relevance of law in a business environment.
Summarize the facts and ruling of a legal case and its impact on businesses.
Competency 2: Evaluate key judicial concepts that influence the decisions related to business.
Explain how the court decision impacts legal and ethical compliance in a business environment.
Explain how a legal case could impact a specific organization not a party to the case.
Competency 4: Develop information literacy skills as applied to business law.
Exhibit information literacy skills as applied to business law.
Competency 5: Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
Write a 3-page briefing of potential factors and issues associated with four types of business entities in the context of U.S. contract law.
INTRODUCTION ASSESSMENT3
One of the most common ways in which business managers are involved with business law is in relation to contracts. Organizations of almost any size will most likely need to create, negotiate, review, approve, adhere to, and resolve conflicts associated with contracts. A business determines its legal standing by determining what type of legal entity it should be identified as. The type of legal entity can significantly impact:
How lawsuits can be brought.
How contracts are handled.
How the courts interpret contract.
How the organization enters into contracts.
How the income from the organization’s contracts is taxed.
How liability for breach of contract is assigned.
How the business is sold.
PREPARATIONS
For this assessment, assume that you work as a manager in a relatively small, privately-owned U.S. business. The company president (who is also the owner) inherited the company from his mother and has never started a business. He is considering creating a spin-off business (possibly with one or two associates) but is unsure about what form of business entity would be best to use for the new business. It is expected that contracts will play a major role in the success of the business as it utilizes numerous suppliers and distributors. The president knows you took a university-level business law class and has asked you to write a paper analyzing the four most common business entities in the context of contracts to help him decide which type of organization to choose for the new operation. Research each of the following forms of business entities:
Sole proprietorship.
General partnership.
Corporation.
Limited liability company (LLC).
INSTRUCTIONS
Write a 3–page executive briefing of potential factors and issues associated with four types of business entities in the context of U.S. contract law. Analyze the following for each type of business entity. Step 1: Explain creation, negotiation, and approval of contracts for the most common types of business entities.
Analyze the pros and cons of each entity in this context.
For each type of business form, indicate who or what in the legal structure of the business has the authority to perform these functions: create, negotiate, and approve contracts.
Explain the advantages and disadvantages inherent in each of the four business forms with regard to contract creation, negotiation, and approval of contracts.
Step 2: Explain contract liability for the most common types of business entities.
Analyze the pros and cons of each entity in this context.
For each of the four business types, who or what has liability associated with the contract? If the business breaches a contract and is found liable for damages, who in the business might bear personal liability, and what are the consequences for that individual? What liability might the business itself bear, if any?
Explain the advantages and disadvantages inherent in each of the four business forms with regard to contract liability.
Step 3: Explain how the income of each type of business entity is taxed, specifying whether the entity, the owner, or both, are taxed.
Analyze the advantages and disadvantages of each entity in this context.
What are the income tax implications for each type of business? How is the income of the business and its owners taxed?
Analyze the advantages and disadvantages inherent in each of the four business forms with regard to taxation of income.
Step 4: Explain the effects of the type of business entity on the ability to contract for the sale of the business.
Can the business be sold, in whole and/or in part?
How is ownership of the business transferred in terms of what is sold?
Explain the advantages and disadvantages inherent in each of the four business forms with regard to selling the business.
Additional Requirements
Based on your executive audience, your executive briefing should be no more than three pages, in addition to a References page, and should be well organized and written in clear, succinct language. Follow APA rules for attributing sources that support your analysis and conclusions. Your submission should meet the following requirements:
Written communication: Write in complete sentences free from errors that detract from the overall message.
Font and font size: Arial, 12 points.
Format and length: Double-spaced, 2–3 pages.
Citations: Include complete citations of your sources along with a References page. Review Evidence and APA for more information on how to cite your sources.
Review the assessment scoring guide for details on how your assessment will be graded.
COMPETENCIES MEASURED
By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 3: Evaluate legal options to create a business entity.
Explain creation, negotiation, and approval of contracts for the most common types of business entities.
Explain contract liability for the most common types of business entities.
Explain how the income of each type of business entity is taxed, specifying whether the entity, the owner, or both, are taxed.
Explain the effects of the type of business entity on the ability to contract for the sale of the business.
Competency 5: Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
Business Law case TransUnion Question
