Business Law Syllabus

Course Description

This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization’s legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance.

Policies

Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents:

• University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum.

University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality.

The discussion question points are now combined with the participation points for each week. You, as the instructor, may create a separate line item for discussion question points if you choose. Please note that some assignment points may have changed.

Course Materials

Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Prentice Hall.

All electronic materials are available on the student website.

|Week One: The Legal System and the Legal Forms of Business | | |Details |Due |Points | |Objectives |1.1 Explain the major components of the legal system. | | | | |1.2 Differentiate between the legal forms of business. | | | | |1.3 Differentiate among nonjudicial methods of alternative dispute resolution. | | | |Readings |Read Ch. 1, 2, 3, 4, 34, 35, 36, 39, and 40 of Business Law: Legal Environment, Online | | | | |Commerce, Business Ethics, and International. | | | |Readings |Read this week’s Electronic Reserve Readings. | | | |Participation |Participate in class discussion. | |3 | |Nongraded Activities and |Listen to the Course Overview podcast. | | | |Preparation |Listen to the Week One podcast. | | | |Podcasts | | | | |Learning Activity |Read “The Elements of Clunk” Article located on the student website. | | |

|ERR: “The Elements of Clunk” |Discuss the guidance it provides. | | | |Learning Activity |Resource: Exhibit 2.1 in the “State, District of Columbia, and Territory Court Systems” | | | |The Legal System and ADR |section of Ch. 2 of Business Law. | | | | | | | | | |Review Exhibit 2.1: Typical State Court System. | | | | | | | | | |Select a case and explain how it is processed throughout the various legal phases. Because | | | | |most cases never make it to trial, it is also important to consider alternative methods of | | | | |dispute resolution. | | | | | | | | | |Suppose your selected case never went through the legal court system. What methods of ADR are| | | | |available to pursue? Which of these ADR methods do you think is the most appropriate? Explain| | | | |your answer. | | | |Learning Activity |Resource: “How To Form A Single Member LLC” infographic on the student website | | | |SMLLC Infographic |Read the information contained in the “How To Form A Single Member LLC” infographic. | | | | |Research the background to LLC formation with only one member. | | | | |Write a brief summary of your research findings. | | | |Learning Activity

|Discuss with your Learning Team the difference between subchapter S, partnership, limited | | | |Business Forms Discussion |liability partnership, and Limited Liability Corporation? As a team, discuss in what business| | | | |setting you would want to use a pass-through form. Is one form better suited than another? | | | | |Why or why not? | | | |Mandatory Individual |Review the assignment options described below. These options are found in the University of |The paper is |5 | |Assignment: |Phoenix Material: Traditional and Nontraditional Litigation Paper located on the student |due no later | | |Traditional and Nontraditional|website. |than 6 PM of | | |Litigation Paper | |the class | | | |Option

1: Write a paper of no more than 700 words in which you compare and contrast the |session for | | | |traditional litigation system with the nontraditional forms of ADR. |Week 1. | | | | | | | | |Option 2: Write a paper of no more than 700 words in which you explain the legal issues | | | | |presented in the Litigation and Alternatives video. | | | | | | | | | |Select and complete one of the options. | | |

|Week Two: Torts | | |Details |Due |Points | |Objectives |2.1 Identify potential tort risks that arise in the business context. | | | | |2.2 Apply the risk management process to mitigate business risk. | | | | |2.3 Differentiate between types of torts. | | | | |2.4 Determine appropriate situations to involve legal counsel in potential tort issues. | | | |Readings |Read Ch. 5 & 6 of Business Law: Legal Environment, Online Commerce, Business Ethics, and | | | | |International. | | | |Readings |Read the “7 Essential Elements of Enterprise Risk Management and the Role of Internal Audit” | | | | |article on the student website. | | | |Readings |Read this week’s Electronic Reserve Readings. | | | |Participation |Participate in class discussion.

| |3 | |Nongraded Activities and |Listen to the Week Two podcast. | | | |Preparation | | | | |Podcast | | | | |Learning Activity |Resource: Bullies on the Job video on the course materials page | | | |Bullies on the Job Video |Watch the Bullies on the Job video. | | | | |Consider the following: | | | | |As the video indicates, incivility on the job is becoming prevalent. As a manager, what | | | | |preventative measures might you take to avoid potential torts within a business context, such| | | | |as the ones indentified in the video? | | | |Learning Activity |Resource: BP Podcast on the student website | | | |BP Podcast |Listen to the podcast in which the facilitator discusses his synthesis related to the four BP| | | | |articles, including when to consult an attorney and which attorney to select. | | | |Learning Activity |Read the four BP-related articles under the heading “Torts: The BP Oil Spill” on the Week Two| | | |Alumina and BP Scenario |Electronics Reserve Readings page. | | | |Analysis |Complete the Business Regulation simulation. | | | | |Identify legal issues presented in the BP spill and in the simulation

. Note the legal | | | | |principles that apply to each of the issues you identified. Some issues may be more obvious | | | | |than others. After identifying the legal issues and principles that apply to both scenarios, | | | | |compare and contrast Alumina with BP. Discuss what legal principles apply and how management | | | | |should resolve those issues, from both a management and a legal perspective. | | | |Learning Activity |Read the four BP-related articles under the heading “Torts: The BP Oil Spill” on the Week Two| | | |Alumina and BP Scenario |Electronic Reserve Readings page. | | | |Collaborative Analysis |Complete the Business Regulation simulation. | | | | |Collaborate to identify the legal issues and principles present in the BP and Alumina cases. | | | | |Share your findings with your teammates, and discuss any issues you identified that they did | | | | |not identify. Ask for clarification from your teammates on issues your teammates identified | | | | |that you did not find.

At what point should legal counsel get involved? Why? | | | |Mandatory Assignment: |Discuss with your Learning Team the following questions as related to the Week One |The paper is |2 | |Learning Team Reflection |objectives: |due no later | | | | |than 6 PM of | | | |What are the benefits to commerce of having shareholders—and other entities that shield their|the class | | | |members—protected from personal liability? |session for | | | | |Week 2. | | | |Would commerce be better served if personal liability would attach to those individuals for | | | | |the misdeeds of their entity? Why or why not? | | | | | | | | | |Write a 350- to 750-word paper detailing the findings of your discussion. | | | |Mandatory Assignment: |Consider each of the following forms of business: sole proprietorship, partnership, limited

|The paper is |8 | |Individual |liability partnership, limited liability company, S corporation, franchise, and corporate |due no later | | |Legal Forms of Business Paper |form. Develop a scenario in which one of these forms of business would be the preferred form.|than 6 PM of | | | |For such scenario, justify why the corresponding business form is preferred. Write a 100 to |the class | | | |300 word paper describing your scenario, the form of business you chose for the scenario, and|session for | | | |explain why you prefer the chosen business form. |Week 2. | |

|Week Three: Contracts | | |Details |Due |Points | |Objectives | | | | | |3.1 Identify the major components of the formation of contracts. | | | | |3.2 Identify the major components of contract administration. | | | | |3.3 Determine appropriate methods for contract dispute resolution. | | | |Readings |Read Ch. 9, 10, 11, 12, 14, 16, 17, 18, & 19 of Business Law: Legal Environment, Online | | | | |Commerce, Business Ethics, and International. | | | |Readings |Read this week’s Electronic Reserve Readings. | | | |Participation |Participate in class discussion. | |3 | |Nongraded Activities and |Listen to the Week Three podcast. | | | |Preparation | | | | |Podcast | | | | |Learning Activity |Read “A Guide To Best Practices For Contract Administration” located on the student website. | | | |Contract Administration Best

|Research other methods for preparing a contract administration plan. | | | |Practices |Discuss your insights related to article and from your research. Include in your discussion | | | | |to how best prepare a contract administration plan depending on the nature of your business. | | | |Learning Activity |Locate a contract. Consider the following questions: | | | |A Contractual Analysis | | | | | |What do you think were some of the considerations by the parties involved in forming this | | | | |contract? | | | | |What are some of the ways that contract breach could occur? | | | | |

What are the potential resolutions for those breaches? | | | |Mandatory Assignment: |Discuss with your Learning Team the following concept as related to the Week Two objectives: |The paper is |2 | |Learning Team Reflection | |due no later | | | |What benefits would counsel provide in helping a victim to decide whether to take a |than 6 PM of | | | |settlement offer or pursue litigation? At what point would you need to have counsel |the class | | | |available? |session for | | | | |Week 3. | | | |Write a 350- to 750 -word paper detailing the findings of your discussion. | | | |Mandatory Assignment: |Review the assignment options described below.

These options are found in the University of |The paper is |11| |Learning Team |Phoenix Material: ERM Paper located on the student website. |due no later | | |ERM Paper | |than 6 PM of | | | |Option 1: Write a paper of no less than 500 and no more than 1,000 words in which you |the class | | | |identify potential tort risks that arose in the Business Regulation simulation. Identify a |session for | | | |tort violation from the simulation.

Then use the 7-step process as defined in the Harb |Week 3. | | | |article to apply the risk management process to mitigate the business risk associated with | | | | |that violation. | | | | | | | | | |Option 2: Write a paper of no more than 500 and no more than 1,000 words in which you | | | | |identify potential tort risks that arose in the Product Liability video. Identify a tort | | | | |violation from the video. Then use the 7-step process as defined in the Harb article to apply| | | | |the risk management process to mitigate the business risk associated with that violation. | | | | | | | | | |Select and complete one of the options. | | |

|Week Four: Employment and Regulatory Risk | | |Details |Due |Points | |Objectives | | | | | |4.1 Differentiate between types of employment relationships and associated the legal | | | | |considerations. | | | | |4.2 Differentiate between types of discriminatory issues and the associated legal | | | | |considerations. | | | | |4.3 Determine methods for managing legal risk arising from regulatory compliance issues. | | | |Readings |Read Ch. 31, 32, 33, 43, 44, 45, & 46 of Business Law: Legal Environment, Online Commerce, | | | | |Business Ethics, and International. | | | |Readings |Read this week’s Electronic Reserve Readings. | | | |Participation |Participate in class discussion.

| |3 | |Nongraded Activities and |Listen to the Week Four podcast. | | | |Preparation | | | | |Podcast | | | | |Learning Activity |Watch the No Smoking Employees video located on the student website. | | | |No Smoking Policy Analysis |Consider the following questions: | | | | | | | | | |Do you believe the employer’s smoking policy, as described in this video, is legally | | | | |actionable? Why or why not? | | | | |How does your definition of what constitutes a disability play any part in your decision? | | | |Learning Activity |Watch the Age Discrimination (SPC Ruling) video located on the student website. | | | |SPC Ruling Legal Analysis |Consider the following questions: | | | | | | | | | |What are the implications of the SPC Ruling in terms of the legal issues that are involved | | | | |with the claim that discrimination does or does not exist?

| | | | |How might you manage the legal risks associated with these issues? | | | |Learning Activity |Research the Dillon v. Jogbra case decided in Vermont. | | | |Dillon v. Jogbra Ruling |Discuss the findings with your group. What are the legal principles behind that decision, and| | | |Analysis |can they be applied in every at-will situation? | | | |Learning Activity |Research the affect that collective bargaining has on an employee-at-will agreement. Must | | | |Collective Bargaining Research|companies always adhere to the collective bargaining agreement? Research case law to support | | | | |your position.

| | | |Learning Activity |Research your textbook or other sources for a case regarding employment law. Brief the case | | | |Employment Law Legal Brief |by providing a summary of the facts and the legal holding that the court ruled. | | | |Learning Activity |Watch the Employee Discrimination video located on the student website. | | | |Employee Discrimination Video |Consider the following questions: | | | | || | | | |In the scenario presented, would firing Isabelle violate any law? If so, what are the | | | | |potential violations? | | | | |Does Isabelle have a prosecutable age-discrimination case? Why or why not? | | | |Learning Activity |Watch the Equal Opportunity (Chapter 33): Isiah Thomas video located on the student website.

| | | |Equal Opportunity |Consider this Isiah Thomas case, a case in the textbook, or one located through your research| | | |Legal Brief |that is related to a discriminatory issue. Then brief the case by providing a summary of the | | | | |facts and the legal holding that the court ruled. | | | |Learning Activity |Watch the Environmental Protection and Global Warming (Chapter 45): Environmental Victory | | | |Regulatory Risk Management |video located on the student website. | | | |Analysis |Select a U.S. company. | | | | |Consider the following question: | | | | | | | | | |How does your selected company manage its legal risk as it relates to the regulatory | | | | |compliance issues identified in the video? | | | |Learning Activity |Complete the Resolving Employment Disputes simulation located on the student website. | | | |Resolving Employment Disputes | | |

| |Simulation |Identify legal issues present in the simulation, and note the legal principles that apply to | | | | |each of the issues you identified. Some issues may be more obvious than others. Repeat the | | | | |simulation as much as needed to be sure you have identified all the legal issues and their | | | | |corresponding legal principles. | | | | | | | | | |Collaborate to identify the legal issues and principles present in the simulation. Share your| | | | |findings with your teammates, and discuss any issues you identified that they did not | | | | |identify. Ask for clarification from your teammates on issues your teammates identified that | | | | |you did not find. At the end of the collaboration, each team member must produce a table that| | | | |displays the issues and principles that are relevant to the Resolving Employment Disputes | | | | |simulation. | | | |Learning Activity |Complete the Avoiding Discrimination in the Workplace simulation on the student website.

| | | |Avoiding Discrimination in the| | | | |Workplace Simulation |Identify legal issues present in the simulation, and note the legal principles that apply to | | | | |each of the issues you identified. Some issues may be more obvious than others. Repeat the | | | | |simulation as much as needed to be sure you have identified all the legal issues and their | | | | |corresponding legal principles. | | | | | | | | | |Collaborate to identify the legal issues and principles present in the simulation. Share your| | | | |findings with your teammates, and discuss any issues you identified that they did not | | | | |identify. Ask for clarification from your teammates on issues your teammates identified that | | | | |you did not find. At the end of the collaboration, each team member must produce a table that| | | | |displays the issues and principles that are relevant to the Resolving Employment Disputes | | | | |simulation. | | | |MANDATORY Assignment: |Research the Internet using the search term “preparing a contract administration plan” and |The paper is |2 | |Learning Team Reflection |review the information found. |due no later | | | |Read the conclusion of the “Claims Avoidance Techniques” article located on the student |than 6 PM of | | | |website.

|the class | | | |Discuss with your Learning Team the concluding two paragraphs of the article “Claims |session for | | | |Avoidance Techniques” and your Internet research. Consider the following: |Week 4. | | | | | | | | |How does the development of a contract administration plan affect a company’s business? | | | | |Does your company subscribes to such an activity, and if so, how? | | | | | | | | | |Write less than 500 and no more than 1,000-word paper detailing the findings of your | | | | |discussion. | | | |MANDATORY Assignment: |Review the assignment options described below. These options are found in the University of |The paper is |11 | |Individual |Phoenix Material: Contract Creation and Management Assignment located on the student website.|due no later | | |Contract Creation and | |than 6 PM of | | |Management Assignment |Option 1: Write a paper of no less than 500 and no more than 1,000 words on your analysis of |the class | | | |the issues presented in the Contract Creation and Management simulation. |session for | | | | |Week 4. | | | |Option 2: Write a paper of no less than 500 and no more than 1,000 words on your analysis of | | | | |the issues presented in The Nature of Agency video. | | | | | | | | | |Option 3: Create a contract of no less than 500 and no more than 1,000 words that clearly | | | | |states in writing the implied terms of the contract verbally communicated in the Contracts: | | | | |Offer and Acceptance video. | | | | | | | | | |Select and complete one of the options. | | |

|Week Five: Property and Governance | | |Details |Due |Points | |Objectives | | | | | |5.1 Differentiate between personal, real, and intellectual property issues. | | | | |5.2 Determine appropriate methods to address potential property issues. | | | | |5.3 Explain the governance principles of regulatory compliance requirements. | | | | |5.4 Identify applicable regulatory compliance requirements for business situations. | | | |Readings |Read Ch. 7, 37, 47, 48 & 49 of Business Law: Legal Environment, Online Commerce, Business | | | | |Ethics, and International. | | | |Readings |Read this week’s Electronic Reserve Readings.

| | | |Participation |Participate in class discussion. | |3 | |Nongraded Activities and |Listen to the Week Five podcast. | | | |Preparation | | | | |Podcast | | | | |Learning Activity |Resource: Property Issues nongraded quiz on the student website | | | |Property Issues Nongraded Quiz|Differentiate between personal, real, and intellectual property issues in this learning | | | | |activity. | | | | |Complete the multimedia nongraded quiz by matching the issue with the type of property. | | | |Learning Activity |Locate an article in the university library or from another source that discusses laws and | | | |Law Evolution Research |technology. In what ways is the law keeping up with technology?

In what ways is the law | | | | |following behind? | | | |Learning Activity |Resources: "Using the New COSO Risk-Management Guidance" article located on the student | | | |COSO Plan Adoption |website, and the Committee of Sponsoring Organizations of the Treadway Commission (COSO) | | | | |website at www.coso.org. | | | | | | | | | |Read the article "Using the New COSO Risk-Management Guidance." | | | | | | | | | |Research the Guidance and Resources sections at the COSO website. | | | | | | | | | |Identify the most powerful recommendations from your readings and research, and discuss how | | | | |it would be useful for an organization to adopt COSO as the structure for its own corporate | | | | |compliance plan. | | | |Learning Activity |Read “Bextra Whistleblower Case Started Investigation of Pfizer” located on the student | | | |Whistleblower Discussion |website. | | | | |Discuss with you Learning Team how this reading relates to regulatory agencies. In your | | | | |discussion, address whistleblower laws, strict liability, regulatory agencies, and so on. | | |

|Learning Activity |Research the Internet for information on the Sarbanes-Oxley Act. | | | |Internal Controls Discussion |Research the Internet for the business definition of internal control. | | | | |Discuss among your team and agree to the most effective internal controls for a midsized | | | | |business. | | | |Learning Activity |Research Exemption 4 of the Freedom of Information Act, and discuss whether this is a fair | | | |Freedom of Information Act |exemption for a business to be able to claim. | | | |Research | | | | |MANDATORY Assignment |Discuss with your Learning Team the following concept as related to the Week Four objectives:|The paper is |2 | |Learning Team Reflection | |due no later | | | |Select an industry. What actions should a manager in the selected industry take to identify |than 6 PM of | | | |and protect the tangible property rights of the organization?

|the class | | | | |session for | | | |Write a 350- to 750 word paper detailing the findings of your discussion. |Week 5. | | |MANDATORY |Resource: University of Phoenix Material: NewCorp Legal Scenarios on student website |The paper is |11 | |Assignment |Read the NewCorp Legal Scenarios document that describes the three legal encounters involving|due no later | | |Learning Team |NewCorp. |than 6 PM of | | |NewCorp Scenarios Legal Brief |Write a brief answer to the questions asked at the end of each encounter. Your boss expects a|the class | | |

|substantive answer, not simply a recommendation to refer matters to an attorney. The majority|session for | | | |of businesses in the United States do not have staff counsel, and your boss does not want to |Week 5. | | | |spend money getting advice until after you provide an assessment. In your answer, identify | | | | |what legal principles support your decision. All encounters can be supported from legal | | | | |principles found in the readings assigned the previous week, including cases and statutes. | | | | |Each answer must be no les than 200 and no more than 350 words. | | |

|Week Six: Legal Issues in International and Domestic Business | | |Details |Due |Points | |Objectives | | | | | |6.1 Evaluate legal risks associated with domestic business activity. | | | | |6.2 Evaluate legal risks associated with international business activity. | | | |Readings |Read Ch. 54 of Business Law: Legal Environment, Online Commerce, Business Ethics, and | | | | |International. | | | |Readings |Read this week’s Electronic Reserve Readings. | | | |Participation |Participate in class discussion. | |3 | |Nongraded Activities and |Listen to the Week Six podcast. | | | |Preparation |

| | | |Podcast | | | | |Learning Activity |Watch the Vikram Pandit On Banking Regulation video located on the student website. | | | |Banking Regulation |Discuss the legal risks associated with domestic and international business activity as | | | |Discussion |indicated by Vikram. | | | |Learning Activity |Resource: Counterfeiting in China video on the course materials page. | | | |International Business |Watch the Counterfeiting in China video. | | | |Discussion |Discuss the legal risks associated with international business activity in China as described| | | | |in the video. How might you mitigate those risks? | | | |MANDATORY Assignment |Resource: Legal Issues in International and Domestic Business: Foreign Corrupt Practices Act

|The paper is |2 | |Learning Team Reflection |articles on the student website |due no later | | | |Select and read four of the articles listed under Legal Issues in International and Domestic |than 6 PM of | | | |Business: Foreign Corrupt Practices Act. |the class | | | |Discuss with your Learning Team the compliance issues associated with the Foreign Corrupt |session for | | | |Practices Act. |Week 6. | | | |Write a 350- to 750-word paper detailing the findings of your discussion. | | | |MANDATORY Assignment |Resources: "Using the New COSO Risk-Management Guidance" article and the Riordan Virtual |The paper is |11

| |Individual |Organization located on the student website, and the Committee of Sponsoring Organizations of|due no later | | |Riordan Corporate Compliance |the Treadway Commission (COSO) website at www.coso.org. |than 6 PM of | | |Plan | |the class | | | |Read the article "Using the New COSO Risk-Management Guidance". |session for | | | | |Week 6. | | | |Read The Executive Summary of the article Enterprise Risk | | | | |Management — Integrated Framework at the COSO website: | | | | | | | | | |On the home page, click the Guidance tab. | | | | |Select the Enterprise Risk Management link. | | | | |Click MORE. | | | | |Select the Download (English) the free executive summary link. | | | | | | | | | |Research additional information in the Guidance and Resources sections at the COSO website. | | | | | | | | | |View the Riordan virtual organization.

| | | | | | | | | |Create a corporate compliance plan consisting of no less than 760 and no more than 1,500 | | | | |words for Riordan. Focus your plan on managing the legal liability of officers and directors | | | | |of Riordan. The plan must also address how to handle situations when laws are violated or in | | | | |question (such as when to call in legal counsel, what rights the employees have, or who to | | | | |turn to when actions are taken against Riordan). Your plan must also include the following: | | | | | | | | | |Enterprise liability | | | | |Real and intellectual property | | | | |Governance principles of regulatory compliance requirements | | | | |The specific international laws or aspects of the law that must be adhered to by Riordan and | | | | |an outline of these steps for employees to adhere to these laws | | | | | | | | | |Format your Corporate Compliance Plan as if you were going to distribute this to the officers| | | | |and directors of Riordan.

Outline the prevention and management guidelines of the legal | | | | |aspects listed above. Implement enterprise risk management based on the COSO’s 8 interrelated| | | | |components. COSO can be used to structure your plan. Be sure to incorporate key concepts from| | | | |your readings where appropriate. You need to research requirements at the COSO website. | | | |MANDATORY Assignment |Resource: Business Law: Legal Environment, Online Commerce, Business Ethics, and |Do this during |15 | |Individual |International Issues |Week 6 and | | |Final Examination |Complete the Final Examination. You have one attempt for the exam, which is timed and must be|before Class 6.| | | |completed in 3 hours. Results are sent to your facilitator. | | | | | | | | | |Note. Final Examination questions are adapted from Business Law: Legal Environment, Online | | | | |Commerce, Business Ethics, and International Issues. | | |

Optional Discussion Questions

Week One Discussion Questions

• Select a business activity or issue with which you are familiar. For that business activity in that industry or company, discuss how business managers apply the law that is relevant, and identify under what circumstances lawyers should become involved. Discuss alternative outcomes that could have arisen. Was the outcome the best possible? Why or why not? Support your discussion with material from the text or other sources, where appropriate.

• From your readings, differentiate between two legal forms of doing business. Discuss their differences and the benefits and liabilities between the two. Provide an example business. What would be the preferred form of business, and why?

• Identify a business or personal dispute with which you are familiar. Provide some brief explanation of what happened, then discuss what legal issues were presented and how they were resolved. Identify the stakeholders in the dispute, and discuss possible ADR options that might be a better approach for the stakeholder to pursue than traditional litigation.

Week Two Discussion Questions

• Consider your company or industry, or another organization with which you are familiar. For that organization, identify a common type of tort liability that can arise in the organization. What legal principles apply to that type of tort liability?

• What is the difference between an intentional tort and an unintentional tort? Provide an example of each, and explain how each would affect your business.

• Identify a common type of tort liability that can arise in an organization with which you are familiar. What can your selected organization do to prevent, detect, and mitigate (risk management process) the damages arising from the tort? At what point should legal counsel get involved?

• Select a product you are familiar with or interested in. What product liability issues arise for that product? What measures can management take to prevent these product liability problems from arising? How can they minimize legal risk involving the product?

Week Three Discussion Questions

• What are some special issues that arise in Internet transactions involving contracts as compared to traditional transactions involving contracts? What should business managers do to protect their organizations in Internet transactions? Avoid discussing an issue already mentioned by other students.

• Clarity of purpose is arguably the most important consideration in contract formation. What other contract components should the manager make sure he or she is familiar with, and why?

• Think about a transaction—a contract—that you have entered into. For that transaction, discuss what legal transactional risks can arise for you, and what you can do to minimize or prevent those risks. Discuss the appropriate method for dispute resolution for that transaction.

• Select a contract dispute discussed in your text or found through your research. Compare and contrast two forms of contract dispute resolution, such as mediation, arbitration, negotiation, peer-review, and mediation-arbitration. Of these two alternative dispute resolution techniques, which would be the preferred vehicle for resolution? Provide your rationale.

Week Four Discussion Questions

• Compare and contrast employee at will and right-to-work. What are the principle differences between these two employer relationships? Be sure to cite an example case for each employer relationship type.

• It is said that you can fire an at-will employee at any time for any reason, for no reason; it just cannot be an illegal one. Is this statement true? Why or why not? Provide support for your answer.

• Select a discrimination case in the workplace that you are aware of, or refer to an example from the text or from your research. Identify the legal issues that are involved with the claim that discrimination does or does not exist. What are the legal considerations that affect either the business or the individual claiming discrimination?

• Consider the Gender Wage Gap video. As a manager, how might you mitigate the risk associated with potential claims of gender discrimination? Critics of the Doctrine of Comparable Worth argue it is impossible to measure the true value of a job because of varying economic conditions. Do agree with this criticism? Why or why not?

• How do government regulatory agencies and laws impact business organizations? Choose one or two specific governmental regulatory requirements, and explain what affects they have on business organizations. Determine methods for managing the legal risks and compliance issues that arise because of these requirements.

Week Five Discussion Questions

• Select an industry. What actions should a manager in the selected industry take to identify and protect the intellectual property rights of the organization?

• How does the passing of the Sarbanes-Oxley Act affect shareholders, directors, and officers of a corporation? Provide a specific example and support your answer with reference to the act.

• Based on the business that you are currently employed at, discuss the applicable regulatory compliance requirements for a business situation that you have experienced. You may also consider a situation you are familiar with or one that you have researched.

• Select an organization to which you belong, or with which you are familiar. It could be any other group that is led by a board. Discuss what legal liabilities could arise for you if you are a director or officer of that board. Discuss also what you can do to minimize that liability.

Week Six Discussion Questions

• What are some special issues that arise in Internet transactions involving contracts as compared to traditional transactions involving contracts? What should business managers do to protect their organizations in Internet transactions? Avoid discussing an issue already mentioned by other students.

• What special problems arise regarding property rights when an organization decides to do business outside the United States? Identify at least three problems, and then select one and discuss the problem in depth. Identify the alternatives available for resolving the problem, and address the best solution.

• What are some of the laws that protect the U.S. business with their international transactions? Select one of the laws and discuss its implication to your business or a business that you are familiar with. Provide support for your answer.

• Discuss how an organization can use legal counsel to help mitigate its international business risks. Is it better to have counsel in the United States with offices in the region you are doing business in, or is it better to employ local attorneys in the region? Why or why not?

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