Business Law Today Questions

Business Law Today Questions

Instructions/Descriptions

Business Law Today Questions

Please use one citation of textbook and one outside source with APA format.

textbook link: HTTPs

34–9. A Question of Ethics—Duties of Directors and Officers. New Orleans Paddlewheels, Inc. (NOP), is a Louisiana corporation formed in 1982, when James Smith, Sr., and Warren Reuther were its only shareholders, with each holding 50 percent of the stock. NOP is part of a sprawling enterprise of tourism and hospitality companies in New Orleans. The positions on the board of each company were split equally between the Smith and Reuther families. At Smith’s request, his son James Smith, Jr. (JES), became involved in the businesses. In 1999, NOP’s board elected JES as president, in charge of day-to-day operations, and Reuther as chief executive officer

(CEO), in charge of marketing and development. Over the next few years, animosity developed between Reuther and JES. In October 2001, JES terminated Reuther as CEO and denied him access to the offices and books of NOP and the other companies, literally changing the locks on the doors. At the next meetings of the boards of NOP and the overall enterprise, deadlock ensued, with the directors voting along family lines on every issue.

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Complaining that the meetings were a “waste of time,” JES began to run the entire enterprise by taking advantage of an unequal balance of power on the companies’ executive committees. In NOP’s subsequent bankruptcy proceeding, Reuther filed a motion for the appointment of a trustee to formulate a plan for the firm’s reorganization, alleging, among other things, misconduct by NOP’s management. [In re New Orleans Paddlewheels, Inc., 350 Banker. 667 (E.D. LA. 2006)] (See Duties and Liabilities of Directors and Officers.)

1. Was Reuther legally entitled to have access to the books and records of NOP and the other companies? JES maintained, among other things, that NOP’s books were “a mess.” Was JES’s denial of that access unethical? Explain.
2. How would you describe JES’s attempt to gain control of NOP and the other companies? Were his actions deceptive and self-serving in the pursuit of personal gain or legitimate and reasonable in the pursuit of a business goal? Discuss.

Lambert v Barron Case Brief

Case Brief Assignment (CA2)

You may upload a doc here, or type directly in the text box area of this assignment.

There is a case brief information document located in your home module. Please read it, along with the information and instructions below for this assignment.

1. You may select ANY case that you find in chapters 19, 20, 21, 22 or 27. It can be one of the assigned cases, or you can select a different case in those chapter to “brief” for this exercise.
2. After you select a case, you will need to look up the published case in Nexis-Uni in the UMW online library databases. Or, simply “google” the case, but be sure that the one that you use is the one of the cases from the above chapters. You can check by making sure it is the same topic, year, case #, and state or court (citations should be the same as the one from your textbook, or very similar).
4. Your case brief should be about 1.5 pages (if single spaced) to about 2 or 2.5 pages (if double spacing is used) in length. It is okay if you go over a bit. The case brief should include the following subheadings:
5. Case Citation
6. Facts
7. Issue
8. Law
9. Analysis
10. Holding
11. Within the above subheadings, be sure to discuss history of case (where was it before the present appellate judge heard the case?); This can be one sentence, and place in the “facts” subheading or even in the “case citation” subheading.[

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State relevant facts (in your own words – paraphrase case); This should be about 1 paragraph, not more than 2.

What is the issue (or issues) before the appellate court? Usually 1-2 issue questions, you may focus on just one issue – but, your law, analysis and holding must be mapped to the issue that you select.

What is the law that the judge applied? (Cite a case law precedent or statute that the judge used in his/her opinion.) Students may use bullets here – or just list the law that the court used. You are not required to list every case that the judge referenced, but you must reference at least 1 case (which you will apply in the key analysis section). Be sure that the law that you select is mapped to the issue, law and analysis.

What was the key analysis? This is the part of the case brief where you would apply the law used by the court to the facts in issue to resolve the issue question. This should be about 1-2 paragraphs. Be sure to map your analysis to the law and the issue and the holding.

How did the court decide the case? What is the holding? This should be about 1-3 sentences. A holding is not simply a statement of who won the case. It requires some mention of the issue question, and you need to explain how the court resolved the issue question. Holding must be mapped to issue selected for your brief.

5. Finally, for this assignment, change one factin the case that would have caused the judge to decide the outcome of the case differently. In other words, don’t change the law or the analysis, but do change one fact that if it had (hypothetically) occurred in the case, then, the law and analysis applied by the court would have resolved the case differently. Explain. This should be about 1-3 sentences.

this is the name of the book:

• Mallory, Jane; Barnes, James; Bowers, Thomas; Langhart, Arlen. Business Law (16/e), McGraw-Hill/Irwin, McGraw-Hill Companies, Inc., NY.

please let me know in case you don’t find the book

Business Law Today Questions

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