Business Law 241

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Assignment 1:

Reaction Paper III “Warranty”

Directions:

1. Look at a warranty for an iPod, a cell phone, or computer.

2. Consider the following questions:

Identify the parties to the warranty?

Is it covered by the UCC?

What are the implied warranties? What are the express warranties?

What services does the company provide and under what circumstances.

Do you think the consumer is properly protected? Why or why not?

REMEMBER a limited warranty IS NOT the same as a implied warranty!!!!!

3. Write a 2-3 page reaction paper in MLA formatting and style. Make sure to utilize both legal arguments and your opinion in your analysis.

Assignment 2:

Discussion Forum “Week 6: Corporate Product Liability – Unusual Cases”

Directions:

1. Read the cases below:

Cigarettes- Bullock v. Phillip Morris, U.S.A. Inc. See http://www.morelaw.com/verdicts/case.asp?n=B164398,+B169083&s=CA&d=31442 (Open in new window).

School Shootings and Strict Liability- James v. Meow Media, inc. 300 F.3d.683 (5th Cir. 202) or Sanders v. Acclaim Entertainment, Inc., 188 F.Supp.2d 1264 (D.Colo. 2002) .

2. Go to the Discussion Board forum “Corporate product liability – Unusual Cases” and address the fact, legal issue, and holding of the court. Do you agree with the court’s holding?

3. Reply to at least two of your classmates

Assignment 3:

“Week 7: Employee VS Independent”

Directions:

1. Fill-in the chart or create your own chart to determine if you are really according to the law an employee or independent contractor. If you do not work outside your home, answer the question for a friend or family member.

Factors Courts

Contractor

Employee

Does the Employer exercise a great degree of control over the details of the work?

Is the worker engaged in an occupation or business distinct from Employer?

Is the work usually done under Employer’s supervision?

Does Employer provide the tools?

How is the worker paid and how long has he been employed?

Is there a great degree of skill required?

2. Explain what you do and if you are contractor or employee base on the chart above under the Discussion Forum “Employee VS Independent”.

3. Read your classmate posts and answer “Do you think there are any of your classmates who are referred to as “independent contractors”, when in fact they are employees?” explain your thought.

Assignment 4:

Discussion Forum “Week 7: Discrimination”

Directions:

1. Chose one of the following articles/cases to read and post your thoughts on one of these issues and respond to the postings of at least two of your fellow students.

Can an employer be liable for a non-supervisor’s alleged racial bias? Discuss the issues presented in BCI Coca-Cola Bottling Co. v. EEOC U.S. Supreme Court No. 06- 341. Certiorari granted Jan. 5, 2007. Ruling below: 450 F.3d 476 (10th Cir. 2006) from your own perspective and how you understand the law in this area. 6 June 2010.

“Using The Duck Test For Professional Employees.” By Christopher Mills and Jason Storipan.What do you think of this test? What other measure would you recommend?

SOCIAL NETWORKING: A TRAP FOR THE UNWARY.” Shaw, Jennifer Brown and Sperry, Alexander. What protections can you as a prospective employee take? Do you agree that employers should be looking into these areas?

Lewis, Tyler. “Unanimous Supreme Court Allows Firefighter Racial Discrimination Suit to Proceed” 24 May 2010. The Leadership Conference . 6 July 2010.

Greenhouse, Linda. “Justices Say Law Bars Retaliation Over Bias Claims.” 28 May 2008, 6 July 2010,

2. Reply to at least two of your classmates using the discussion grading criteria

Assignment 5:

Linked Activity II “Know Your Rights as a Job Seeker or Employee”

As you may have learned from other business courses or from your reading in this course an important HR activity of most managers in an organization is interviewing applicants for positions, which report to them.

Research has revealed that many questions asked of applicants discriminate against females and minorities and often are not job related. Hence, it is critical that managers are sensitive to and understand the types of questions, which are legally permissible or impermissible to ask applicants during the interview process, to prevent problems or violations in laws on fair employment practices.

Directions:

1. If you are the Head of the H.R. Department of a company with 100 employees, how would you respond in the following scenarios: YOU MUST ANSWER BOTH SCENARIOS!

Scenario 1

Prepare a list of questions you might ask a prospective job applicant so that they do not violate federal laws. Prepare both a list of general questions and questions you would use in a ” behavior-based” interview. Answer whether you can engage in pre-employment tests, background checks, polygraphs, and credit reports. List any applicable federal laws on these topics.

and do Scenario 2 as well- do both!

Scenario 2

You want to fire an employee who is a female, 43 years old, one of two black employees and who is gay. You seek the advice of your personnel department. What might they say is the appropriate manner to approach this employment situation?

Assignment 6:

Linked Activity “The Whistleblower”

Directions: Address the issue of being a “wistleblower” as presented below. “The Whistleblower”- An ethical dilemma addresses the ongoing and well-known Toyota product recall situation. The focus is on a former Toyota corporate attorney, Dimitrios Biller.

1. View the following articles and videos:

“Was Toyota Bragging When it Saved <00 Million in Recall?”

“U.S. launches criminal probe into Toyota safety”

“Bernie Madoff’s Legacy: Whistleblower”

2. Summarize the facts and ethical dilemma. Answer the following:

If you were in a situation similar to Dimitrios Biller, would you be willing to “blow the whistle” on your corporate employer? Why or Why not?

There are numerous state and federal laws designed to protect whistleblowers from corporate/employer retaliation. In your reasoned opinion, are such safeguards adequate to protect whistleblowers? Why or why not? do some quick research and identify some of these federal laws.

Make sure to: Include some reference(s) to the legal protections (either through citing to court decisionsor statutes that provide protection for whistle blowers. Is this protection adequate? Is it changing? you might have to do a brief internet search for this part of the assignment.

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