Case Study One Analysis

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Case Study One:

Chris, Matt, and Ian, who live in California, have decided to start a business selling an aftershave lotion called Funny Face over the internet.  They contract with Novelty Now Inc., a company based in Florida, to manufacture and distribute the product. Chris frequently meets with a representative from Novelty Now to design the product and to plan marketing and distribution strategies. In fact, to increase the profit margin, Chris directs Novelty Now to substitute PYR (a low-cost chemical emulsifier) for the compound in Novelty Now’s original formula. PYR is not FDA approved. Funny Face is marketed nationally on the radio and in newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and public speaker, buys one bottle of Funny Face over the internet. After he uses it once, his face turns a permanent shade of blue.  Donald Margolin and his company, Donald Margolin Empire Inc., file suit in the state of New York against Novelty Now Inc. and Chris, Matt, and Ian, alleging negligence and seeking medical costs and compensation for the damage to his face and business reputation. It is discovered that PYR caused Margolin’s skin discoloration. The website for Funny Face states that anyone buying their product cannot take Chris, Matt, and Ian to court. Novelty Now’s contract with the three men states that all disputes must be brought in the state of Florida.

Specifically, the followingcritical elementsmust be addressed: .
A:Apply therules of jurisdiction to the facts of this case and determine what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face
and Novelty Now, respectively. Consider federal court, state court, and long
arm principles in your analysis.
B.Assume all parties agree to pursue alternative dispute resolution(ADR). Analyze the advantages and disadvantages of two types of ADR appropriate forthis case. Be sure to define the characteristics of each in your answer.
C. Applying what you have learned about ADR, which type would each party (Funny Face, Novelty Now, and Margolin)prefer and why?
D. Apply concepts of criminal law and discuss whether or not corporations and/or corporate officers may be held liable forcriminal acts.
E.Identify, per the classification of crimes in the text, anypotential criminal acts
by Funny Face and/or Novelty Now.
F.Assume the use of the emulsifier PYR, at the direction of Chris, is a criminal offense. Apply concepts of criminal law and discuss thepotential criminal liability of Funny Face, Chris, Matt, Ian, and Novelty Now. Include support for your conclusion.
G.Use theWPH processof ethical decision making to evaluate any ethical issues within the case study.

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BUS 670 Week 4 Discussion

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Securities Law

Private University, a private nonprofit educational institution located in California, decides to issue “Shares in Learning” certificates in a one-time offering to the public. These shares will be sold for $500 each and entitle the bearer to redeem each certificate for two undergraduate or one graduate college credit in any of its schools at any time in the future. The shares may also be resold without restriction by the initial purchaser. The offering will be made via the Internet.

Will the offering need to be registered with the Securities and Exchange Commission (SEC) under the Securities Act of 1933? Explain. Does your answer differ if “Shares in Learning” are issued by Private College, a proprietary for-profit institution that does business in all 50 states? Why?

Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:

Agree or disagree with your classmate’s post. Posit facts that might change the outcome of the analysis.

 

Respond to Gregory Robinson post

Will the offering need to be registered with the Securities and Exchange Commission (SEC) under the Securities Act of 1933? Explain. Does your answer differ if “Shares in Learning” are issued by Private College, a proprietary for-profit institution that does business in all 50 states? Why?

As a helpful note, The Securities and Exchange Commission (SEC) is a federal agency that oversees public sales of securities (Seaquist, 2012, 31.1). To answer the question if the offerings should be registered, they don’t have to be registered with the SEC.  According to Seaquist (2012), there’s a list of securities that are exempt from registration, such as bank securities, commercial paper, charitable or religious securities, saving and loans securities, common carrier securities, and even an insurance policy (31.1). Since Private University is a private nonprofit educational institution, those offerings do not have to be registered because it falls under the securities issued by nonprofit religious, charitable, educational, benevolent, or fraternal organizations. Additionally, it is noted that under Rule 147 of the SEC, securities offered for sale solely in one state by a company that does at least 80% of its business in the state are also exempt from filing (Seaquist, 2012, 31.1).

Private University’s “Sharing in Learning” is only a one-time offer so I would say my answer would stay the same, since its technically a donation to the public. If this institution were a proprietary, for-profit organization, it would differ, since it involves business operations in all 50 states. Referring to Rule 147, state securities regulations vary and may require a company to file/register with the SEC (Seaquist, 2012, 31.1). It is noted that Rule 504 of Regulation D states that “Nonpublic issuers may sell up to $1 million of securities in 12 months to any purchaser. Extensive advertising of the issue is permitted, as long as the dollar limit of the issue is not exceeded” (Seaquist, 2012, 31.1). Such regulations like this may help protect businesses and investors.

 

Reference

Seaquist, G. (2012). Business law for managers. San Diego, CA: Bridgepoint Education, Inc.

This text is a Constellation™ course digital materials (CDM) title.

 

Respond to Kathy Kim post

Private University is a nonprofit educational institution and would be exempt from registration. The Securities Act of 1933 provides an exemption from registration for securities issued by nonprofit religious, charitable, education, benevolent, or fraternal organizations (Seaquist, 2012). Since they are a nonprofit education institute, they have met this qualifier.

If Private University were a for-profit educational institution, then it does not qualify within the list under the Securities Act of 1933. There are additional qualifiers for exemption that may apply. Rule 147 indicates that they would be exempt if the securities were only offered within California, where it is located and established, and does 80% of its business within the state (Seaquist, 2012). Private University indicated that they would not restrict the securities to be resold by the initial purchaser. In order to stay exempt under Rule 147, Private University must restrict the resale to only California residents for the initial nine months (Seaquist, 2012). The Internet offering would need to be restricted to California residents.

Private University can also be exempt under Rule 504. The text states that private users selling only up to $1 million in securities during a 12-month period are exempt. When researching Rule 504 on the U.S. Securities and Exchange Commission website, Rule 504 has been updated since 2017 to a limit of $5 million (SEC, 2017). The time period of 12 months remains the same.

If Private University were to conduct business in all 50 states, then it would not qualify for an exemption since it is for-profit and is conducting business interstate rather than intrastate. Rule 504 may be the only qualifier they can claim for exemption for the latter scenario.

 

Seaquist, G. (2012).  Business law for managers  [Electronic version]. Retrieved from https://content.ashford.edu/

U.S. Securities and Exchange Commission. (2017). Rule 504 of Regulation D: A Small Entity Compliance Guide for Issuers[1]. Retrieved from https://www.sec.gov/divisions/corpfin/guidance/rule504-issuer-small-entity-compliance.html

 

Antitrust Law

 

Review the “AT&T Pulls $39 Billion T-Mobile Bid on Regulatory Opposition (Links to an external site.)” article.

In 2011, AT&T attempted a merger with T-Mobile. The Justice Department sued under the act, claiming that the merger would constitute a violation of the antitrust laws. In 2012, AT&T dropped its attempt at the acquisition.

If AT&T had merged with T-Mobile, would the merger have violated antitrust laws? Why, or why not? Do not be unduly influenced by the Justice Department’s stance on the issue. Use your own analysis to reach a conclusion.

Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:

Agree or disagree with your classmate’s position. Defend your position by using information from the week’s readings or examples from current events.

 

Respond to Mitchell Powell post

In 2011, if the merger between AT&T and T-Mobile would have gone through, it would have been a historically large deal and would have allowed them to pass Verizon as the number one provider for wireless networks and services. Antitrust laws are laws that are regulated by the federal government regarding anticompetitive practices that could end up affecting interstate commerce (Seaquist, 2012). Essentially, it is in the government’s best interest to encourage healthy competition in the economy to ensure that all companies have equal opportunity and that there is some motivation to provide quality products and services and give the general public the option to more freely choose. There are also certain laws against having monopolies which would consist of essentially one large entity controlling all of the commerce for a certain segment within the market. Although the merger between AT&T and T-Mobile might not classify them as a monopoly, it would definitely affect the way the market changes see as two power houses would join forces and drastically change the competitive landscape of the economy. 

If this merger would have gone through, there would have been a possibility of them breaking antitrust laws. Seeing as the pricing for wireless plans between the two companies was so different, they would likely have to increase their pricing which would negatively impact the competitive environment. If AT&T were to find a way to keep T-Mobile’s prices the way they currently are, there would be less of a risk of breaking antitrust laws. I think if they would have merged, they would have had a lot of potential to offer the general public a fairly quality and competitive product and service because they would have a large range of money, experience, and other resources. 

 

References

Seaquist, G. (2012). Business law for managers [Electronic version].

Respond to Rebecca Williams post

If AT&T had merged with T-Mobile, would the merger have violated antitrust laws? Why or why not?

I am of the opinion that the merger would not have violated antitrust laws.  This is because under the Sherman Antitrust Act the companies must be contracting or conspiring to destroy competition and regulate pricing (Seaquist, 2012).  While the price of T-Mobile services at the time were more expensive T-Mobile said that it would not raise the price of existing AT&T customers under their current plans.  Furthermore, there would still be other options for the consumers to choose from if they did not want to have T-Mobile as their mobile carrier.  I am also not convinced that T-Mobile was intending to destroy competition and create a monopoly.  This is an interesting issue to consider now in 2019 because while I did a bit of reading it is difficult for me to see how any mobile company would be able to create a monopoly.  Therefor it would have to be proven that these companies were in some agreement or arrangement to form a trust and restrict both trade and commerce among several states ability to have options between mobile carriers none of which I see proof of.  I could be naive, but I did not see how the antitrust laws would have been broken.  In addition, and again this is coming with the skewed point of view from 2019, it does not seem the rule of reason test which determines whether specific actions will arguably result in the restraint of trade would prove positive (Seaquist, 2012).

Thank you,

Rebecca

References:

Moritz, S. (2011, December 20).  AT&T Pulls $39 Billion T-Mobile Bid on RegulatoryOpposition (Links to an external site.) (Links to an external site.) . Deseret News. Retrieved from http://www.deseretnews.com/article/700208468/ATT-pulls-39-billion-T-Mobile-bid.html

Seaquist, G. (2012).  Business law for managers  [Electronic version]. Retrieved from

https://content.ashford.edu/

 

 

 

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350-700 word essay describing the murder trial process of rapper Christopher Wallace

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This assignment will present a 350-700 word essay describing the murder trial process of rapper Christopher Wallace (the B.I.G case). Included will be: (1) a discussion of how search and seizure relates to the case; (2) a description of the trial process; (3) examples of opening and closing statements; (4) the types of questions asked on direct examination; and (5) a highlight of important points for cross-examination. The discussion will be supported by citing the literature. References will also be provided.

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Business LAW – Essay Questions

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*Essays and multiple choice*

 

– Provide enough content to thoroughly answer the questions completely and with back up.

 

-Make sure your answers are complete.  Name legal theories, defines them and name and define any required elements. Apply facts to your analysis of elements to answer questions.

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week 3 chapter questions

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Complete the following problems from your textbook, located at the end of each respective chapter. Save your work as a WORD document, then SUBMIT it to the SUBMISSION LINK for this assignment.

You do not need to write out the questions. However, you must write out your responses in complete sentences. Please be very thorough and detailed. This is your opportunity to “show-off” what you learned this week.

 

Chapter 18

 

18-2

Conflicts of interest. Oxy Corp. is a negotiating with Wick Construction Co. for renovation of Oxy’s corporate headquarters. Wick, the owner of Wick Construction Co. is also one of the five members of Oxy’s board of directors. The contract terms are standard for this type of contract, Wick has previously informed two other directors of his interest in the construction company. Oxy’s board approves the contract by three-to-two votes, with Wick voting the majority. Discuss whether this contract is binding on the corporation. (see Directors and Officers)

 

 

Chapter 19

 

19-1

Employee versus independent Contractor. Stephen Hemmerling was a driver for the Happy Cab Co. Hemerling paid certain fixed expenses and followed various rules relating to the use of the Cab, the hours that could be worked, and the solicitation of fares, among other things. Rates were set by the state. HappyCab did not withhold taxes from Hemmerling’s pay. While driving the cab, Hemmerling was injured in an accident and files a claim for workers compensation benefits in a state court. Such benefits are not available to independent contractors. On what basis might the court hold that Hemmerling wan an employee? Explain. (See agency Law)

19-4

Agent’s Duty to Principal. William and Maxine Miller were shareholders of Claimsco International, Inc. They filed a suit against the other shareholder, Michael Haris and keneeth Hooxie, an the accountant  who worked for all of them- John Verchota. Among other things, the Millers alleged that Verchota had breached a duty that he owed them. They claimed that harris’s instruction, Verchota had taken various actions that placed them at a disadvantage to the other shareholders. Verchota had allegedly adjusted Claims co’s book to maximize the millers financial liabilities, for instance, had falsely reported distributions of income to them without actually transferring that income. Which duty are the Millers referring to? If the allegations can be proved, did Verchota breach this duty? Explain. (see duties of agents and principals)

.

 

19-8

Agency Relationships. Standard Oil of Connecticut, Inc., sells home heating cooling, and security systems. Standard schedules installations and service appointments with its customers and then contracts with installers and technicians to do the work. The company requires an installer or technicians to do the work. The company requires an installer or technician to complete a project by a certain time but to otherwise “exercise independent judgment and control in the execution of any work” The installer and the technicians are licensed and certified by the state. Standard does train them, provide instructions and manuals, supervise them at customer’s home, or inspect their work. The installers and technicians use their own equipment and tools, and they choose which days they work. Standard pays a set rate per project. According to criteria used by the courts, are these installers and technicians’ independent contractors or employees? Why? (see agency laws)

 

Chapter 20

 

20-1

Wrongful Discharge. Denton and Carlo were employed at an appliance plant. Their job required them to preform occasional maintenance work while standing on a wire mesh twenty feet above the plan floor. Other employees had fallen though the mesh, and one of them had been killed in the fall. When their supervisor told them to preform tasks that would likely involved walking on the mesh, Denton and Carlos refuses because they were feared they might suffer bodily injury or death. Because they refuse to do the requested work, the two employee were fired from their job. Was their discharge wrongful? If so, under what federal employment law? To what federal agency or department should they turn for assistance? (see employment at will)

 

20-5

Exceptions to the Employment-at-will Doctrine. Li Li worked for Packard Bioscience, and Mark Schmeizl was her supervisor. In March 200, Schmeizl told Li to call Packard’s competitors, pretend to be potential customer, and request “pricing information and literature,” Lil refuse to preform the assignment. She told Schmeizl that she though the work was illegal and recommended that he contact Packard’s legal department. Although a lawyer recommended against the practice, Schmeizl insited that Lil perform the calls. Moreover, he later wrote negative performance reviews because she was unable to get the requested information when she called competitors and identified herself as a Packrad employee. On June 1, 2000, Lil was terminated on Schmeizl’s recommendation. Can Lil bring a claim for wrongful discharge? Why or why not? (see employment at will).

 

 

Chapter 21

 

21-1

Title VII Violations. Discuss fully whether either of the following actions would constitute a violation of Title VII of the Civil Rights Act, as amended: (See Title VII of the Civil Rights Acts.)

a.     Tennington, Inc., is a consulting firm with ten employees. These employees traveled on a consulting job in seven states. Tennington has an employment record of hiring only white males.

b.     Novo Film is making a movie about Africa and needs to employ approximately one hundred extras for this picture. To hire these extras, Novo advertises in all major newspapers in South California. The ad states that only African American need apply.

21-7

Sexual Harrassment. Jamel Blanton was a male employee at a Pizza hut restaurant operated by Newton Associates, Inc. in San Antonio, Texas. Blanton was subject to sexual and racial harassment by the general manager, who was female. Newton had a clear, straightforward antidiscrimination policy and complaint procedure. The policy provided that in such a situation, an employee should complain to the harasser supervisor. Blanton altered a shift leader and an assistant manager about the harassment, but they were subordinate to the general manager and did not report the harassment to higher level management. When Blanton finally complained to a manager with authority over the general manager, the employer investigated and fire the general manager within four days. Blanton filed a suit in a federal district court against Newton, seeking to impose liability on the employer for the general manager’s actions. What is Newton’s best defense? Discuss.

 

Chapter 22

22-1

Unfair Labor Practice. Consolidated Store is undergoing a unionization campaign. Prior to the union election, management states that the union is unnecessary to protect workers. Management also provides bonuses and wage increases to the workers during this period. The employees reject the union. Union organizer’s protest that he wage increase during the election campaign unfairly prejudiced the vote. Should these wage increase ne regarded as an unfair labor practice? Discuss.

 

 

 

 

Chapter 27

 

27-2

Antitrust Laws. Alliton, Inc., and Donovan, Ltd., are interstate competitors selling similar appliances, principally in the state of Illinois, Indiana, Kentucky, and Ohio. Allitron and Donovan agree that Allitron will no longer sell in Indiana and Ohio and that Donovan will no longer sell in Illinois and Kentucky. Have Allitron and Donovan violated any intritust laws? If so, which law? Explain. (see Section 1 of the Sherman Act.)

 

27-4

Price Fixing. Together, EMI, Sony BMG Music Entertainment, Universal group Recordings, Inc. and Warner Music Group Corp. produced, licensed, and distributed 80 percent of the digital music sold in the United States. The companies formed musicNet to sell music to online services that sold the song to consumers. MusicNet required all of the services to sell the song at the same price and subject to the same restrictions. Digitization of music became cheaper, but MusicNet did not change in prices. Did MusicNet violate the antitrust laws? Explain. (see Section 1 of the Sherman Act.)

 

27-5

Dayton Superior Corp. Sells its panies, including Spa Steel Products, Inc. the purchasers often complete directly with each other for customers purchased Dayton Superior’s products from two Spa Steel’s competitors. According to the customer, Spa Steel’s prices were always 10 to 15 percent higher for the same products. As a result, Spa Steel Lost sales to at least that customer and perhaps others. Spa Steel wants to sue Dayton Supirior for price discrimination. Which requirements for such a claim under Section 2 of the Clayton Act does Spa Steel satisfy? What additional facts will it need to prove?

 

27-6

Section 1 of the Sherman Act. The National Collegiate Athletic Association (NCAA) and the National Federation of State High School Association (NFHS) set a new standard for non-wood baseball bats. Their goal was to ensure that aluminum and composite bats performed like wood bats in order to enhance player safety and reduce technology-driven home runs and other big hits. Marucci Sports LLC, makes non-wood bats. Under the new standard, four of Marucci’s eleven products were decertified for use in high school and collegiate games. Marucci filed a suit against the NCAA and the NFHS under Section 1 of the Sherman Act. At trial, Marucci’s evidence focused on the injury to its own business. Did the NCAA and NFHS’s standard restrain trade in violation of the Sherman Act? Explain.

 

Chapter 28

 

28-1

Registration Requirements. Estrrada Hermanos, Inc., a corporation incorporated and doing business in Florida, decides to sell $1 million worth of its common stock to the public. The stock will be sold only within the state of Florida. Jose Estrada, the chair of board, says the offering need not be registered with the Securities and Exchange Commission. His brother, Gustavo, disagrees. Who is right? Explain.

 

28-3

 

Insider Trading. David Gain was the chief executive officer (CEO) of  Forest Media Corp., which became interested in acquiring RS Communications, Inc. To initiate negotiations, Gain met with RS’s CEO, Gill Raz, on Friday, July 12. Two days later, Gain phoned his brother Mark, who bought 3,800 shares of RS stock on the following Monday. Mark discussed the deal with their father, Jordan, who bought 20,000 RS shares on Thursday. On July 25 the day before the RS bid was due, Gain phoned his parents home, and Mark bought another 3,200 RS shares. The same routine was followed over the next few days, with gain periodically phoning Mark or Jordan, both who continued to buy RS shares. Forest’s bid was refused, but on August 5, RS announced its merger with another company. The price of RS stocks rose 30 percent, increasing the value of Marks and Jordans shares by $664,024 and $412,875, respectively. Did Gain engage in insider trading? What is required to impose sanctions for this offense? Could a court hold Gain Liable? Why or Why not? (see the securities Exchange act of 1934).

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WestLaw! Paralegal

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Objectives:  Appreciation for the value of consulting secondary resources in assisting the researcher in fully understanding legal issues; in assisting the researcher in further refining legal issues; and in assisting the researcher in locating additional primary and secondary authority.

Please refer to the following scenarios and complete the steps below for each. Scenario One

Flora Findley developed an interest in hydroponics and hybridizing plants and began growing plants under full-spectrum sunlight lamps in her home. Her teenaged son also expressed interest in growing plants. She was pleased that she and her son could share an interest. One day, a police officer investigating a burglary next door, came to Flora’s home to ask if she had seen anything. He noticed all of the plants growing under the lamps, and quickly began inspecting them. He found a small plant that he thought was marijuana, and promptly arrested Flora. Flora was convicted for possession, but insisted that the search of her home was unwarranted. She wants to appeal the decision.

Scenario Two

Mr. Frank Incense was arrested for theft when he took $500,000 worth of tools from behind a neighbor’s shed which faced an alley. Frank insisted that he thought the tools were being thrown away. He was having financial difficulty and thought he could make some money by selling the tools. While being questioned, Frank asked for an attorney. Finally, he was provided with an attorney who specialized in Bankruptcy Law, and who was required to take on criminal cases pro bono. The attorney really did not understand criminal procedure, and as a result, Mr. Insence was not only found guilty, but also received a very stiff sentence. Mr. Insence wants to appeal his case because he believes that he not only had a right to counsel, but a right to counsel who was competent in handling criminal proceedings.

Scenario Three

Joe Valle and Fred Hamper were married after same sex marriage bans were struck down in 2015.  Joe applied for family health insurance coverage in their home state of Georgia and the insurance company refuses to recognize the marriage, Locate law to support Joe and Fred’s case against Big Time Insurance Company.

Scenario Four

Shirley Baker is a young woman suffering from breast cancer. She has been on chemotherapy for several months, and has experienced terrible side-effects. She did receive a prescription for the medicinal use of marijuana while living in California, but moved to Oklahoma to be closer to her family. She did take several ounces of marijuana with her when she moved, and was arrested while smoking marijuana on the front porch of her parent’s home, the evening she arrived in Oklahoma. She was convicted of illegal possession of the drug, and wants to appeal her conviction.

Scenario Five

Joanna Spring always insisted that she never wanted to be kept alive by machines, and even stated that when she was a young teenager. Her parents understood her feelings on the subject. Joanna married Bill Spring and, one month later, was involved in an auto accident, which left her in a persistent vegetative state. Joanna’s parents (Mr. and Mrs. John Winters) have sued to have Joanna taken off life support. Joanna’s husband refused to allow the hospital to do so. Joanna’s parents think that it is only because he will not inherit Joanna’s huge estate unless he has been married to her for more than two years. The court sided with Bill Spring, and refused to order the removal of life support. Joanna’s parents now want to appeal the decision and let Joanna die in peace before Bill becomes Joanna’s heir.

 

Directions: Complete the following steps in the order provided:

 

Step One: For each of the fact patterns provided, list the legal issues involved, as identified prior to undertaking any additional research.  Remember to phrase your issues in the form of legal questions.

(Note that some scenarios may present more than one issue.)

Step Two: Provide your search query for each issue you identified in Step One above.

Sign on to Westlaw©

Step Three: Using the search or searches you provided in Step Two above, locate and cite one relevant secondary authority.

Step Four:  For each scenario listed above, please correctly cite at least one on point primary authority cited in the article or annotation you cited in Step Three.

 

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Forensic Science

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Respond to one of the following:

 

Option 1:The following pieces of evidence were found at separate explosion sites.  For each item, indicate whether the explosion was caused by low or high explosives, and explain your answers:  lead azide residues; nitrocellulose residues; ammonium nitrate residues; scraps of prima-cord; potassium chlorate residues.

Option 2: What color test or tests would you run on a suspect ample to test for evidence of each of the following explosives?  Explain your answers:  tetryl; TNT; chlorate; nitrocellulose.

Option 3: Matt is collecting evidence from the site of an explosion.  Arriving at the scene, he immediately proceeds to look for the crater caused by the blast.  After finding the crater, he picks through the debris at the site by hand, looking for evidence of detonators or foreign materials.  Matt collects loose soil and debris from the immediate area, placing the smaller bits in paper folded into a druggist fold.  Larger items he stores in plastic bags for transportation to the laboratory.  What mistakes, if any did Matt make in collecting and storing this evidence.

Option 4: While searching a murder scene, you find the following items that you believe may contain latent fingerprints.  Indicate whether prints on each item should be developed using fingerprint powder or chemicals:  a leather sofa; a mirror; a painted wooden knife handle; blood-soaked newspapers; a revolver.

Option 5: Criminalist Frank is using digital imaging to enhance latent fingerprints.  Indicate which features of digital imaging he would most likely use for each of the following tasks:

1. isolating part of a print and enlarging it for closer examination
2. increasing the contrast between a print and the background surface on which it    is  located
3.  examining two prints that overlap each other.

Option 6: Briefly explain the chemistry of an explosion. What is the difference between a low explosive and a high explosive?

Option 7: Describe the process of collecting evidence of explosives?

Option 8: What is the difference between screening and confirmatory tests?  Why are both needed? What is a taggant? Which countries are presently using them?

Option 9: List the three principles of fingerprints and briefly describe them.

Option 10: Describe the procedures to locate and develop fingerprints.

Option 12: Describe the procedures to preserve fingerprints.

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Law homework help

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Conscientious Objection and Patient Rights

What happens when a patient’s wishes contradict the beliefs of a health care workers?

To prepare for this Discussion, consider this week’s Learning Resources regarding conscientious objection and patient rights.

By Thursday November 17, post a 400 word comprehensive responsive response to the following:

• Do health care workers have the right to conscientiously object to providing care if it varies from their own personal moral and ethical belief system? Please explain by providing an example.

•How would you apply the four ethical principles to your example?

• How might your answer differ based on your chosen profession in health care?

Support your work with proper APA citations from the Learning Resources and any other sources.

 

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Business Ethics Chapter 3 – Corporate Social Responsibility

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Multiple Choice Quiz

 

1

The most influential theory of corporate responsibility of the past century is:
A) The moral minimum model.
B) The classical model.
C) The social contract theory.
D) The stakeholder theory.

2

The ethical roots of the classical model of corporate social responsibility are found in which statement:
A) The idea that the interests of stakeholders are as important as the interests of a corporation’s stockholders.
B) The free market theory which holds that managers are ethically obliged to make as much money as possible for their stockholders because to do otherwise would undermine the very foundations of our free society.
C) The ethical imperative to cause no harm.
D) The ethical imperative to prevent harm.

3

Which of the following reasons might a free market economic theorist use to justify the hostile takeover of a company?
A) The takeover target company’s stock is undervalued. That is evidence that the resources are being inefficiently used.
B) If current management is not maximizing profits, it is violating the utilitarian imperative to maximize the overall good.
C) The organization seeking to take over the target company will maximize profits for the stockholders and will be serving the public’s interests because it is only by satisfying consumer (public) demand that a business can make profits.
D) If the takeover target’s managers are using their stockholders’ money to serve interests other than those of the stockholders, they are stealing from them.
E) All of the above.
F) None of the above.

4

Which of the following statements does not represent a market failure, i.e., a situation in which the pursuit of profit will not result in a net increase in consumer satisfaction?
A) The costs of pollution, groundwater contamination and depletion, soil erosion and nuclear waste disposal are borne by parties external to the economic exchange between buyer and seller.
B) Where there is no mechanism for pricing, for setting a value on, public goods, there is no guarantee that the markets result in the optimal satisfaction of the public interest in regards to public goods.
C) Situations in which externalities have been internalized result in an equilibrium in the exchange price between true costs and benefits.
D) The pursuit of individual self-interest results in a worse outcome than would have occurred had the behavior of the parties involved in the economic exchange been coordinated through cooperation or regulation rather than mere competition.

5

Which statement does not support the claim that an unconditioned ethical directive such as the one the classical model of corporate social responsibility demands of business management is inappropriate for utilitarian theory?
A) Markets can work to prevent harm only by first-hand experience with harms that have to occur before they can be remedied.
B) It is claimed that once market failures are adequately addressed by the government, business just needs to obey the law that addressed them. Business, however, has the ability to inappropriately influence government policy and the law.
C) Business has the ability to influence consumers’ desires by helping shape those desires through advertising.
D) A more precise formulation of a utilitarian-based principle would be to maximize profit whenever doing so produces the greatest good for the greatest number, with the proviso that managers must consider the impact a decision will have in many ways other than merely financial.

6

According to the private property defense of the classical model of corporate social responsibility, managers who use corporate funds for projects that are not directly devoted to maximizing profits are stealing from their owners. Which statement supports this view?
A) Property rights are restricted when they conflict with the basic rules of society as embodied in law and custom.
B) The connection between ownership and control that exists for personal property does not legally exist for corporate property.
C) Investors buy their stocks with the hope of maximizing return on their investment.
D) Stockholders in publicly traded corporations are better understood as investors rather than owners.

7

Which statement is true of Bowie’s Kantian approach to business ethics?
A) People have a duty both to not cause harm and to prevent harm.
B) Both causing no harm and preventing harm override other ethical considerations.
C) While it is ethically good for managers to prevent harm or do some good, their duty to stockholders overrides these concerns.
D) A narrow interpretation of Bowie’s “cause no harm” imperative makes the duties faced by management under the neo-classical model significantly different from the classical model.

8

Select the reasons, historically speaking, why the modern corporation was established as a legal entity:
A) Social benefits flow from corporate institutions.
B) Corporations provide an efficient means for raising large amounts of capital needed to produce and distribute socially desired goods and services.
C) Corporations distribute risks widely over large populations, minimizing the risk to any one individual.
D) Corporations provide individuals with efficient means for the creation of wealth and for supplying jobs.
E) All of the above.
F) None of the above.

9

Which statement does not challenge the notion of a hypothetical social contract between society and corporations?
A) If the social contract presupposes an amoral beginning, it seems to offer few guarantees that certain fundamental ethical rights will be protected under the contract.
B) Micro-social contracts can be developed within particular local communities that establish the specific ethical rights and responsibilities within that community as long as they fit within the general limitations of the hypernorms governing any and all social contracts.
C) It is difficult to specify exactly what responsibilities will be drawn from this hypothetical contract.
D) If the theory already begins with certain fundamental rights and responsibilities, then the social contract may be irrelevant to providing an ethical justification for business’ responsibilities.

10

Which statement represents a challenge to Evan’s and Freedman’s defense of the stockholder theory against the classical model of corporate social responsibility?
A) The law now recognizes a wide range of managerial obligations to such stakeholders as consumers, employees, competitors, the environment, the disabled.
B) Courts and legislatures have recognized that the rights and interests of various constituencies affected by corporate decisions limit managers’ fiduciary responsibility.
C) Stakeholder theory cannot answer the question as to how, exactly, a manager should go about balancing the diverse and competing claims of all parties.
D) There is no guarantee that when managers produce profits they will serve the interests of either stockholders or the public.

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-7 Three men are trapped in a cave with no hope of rescue and no food. They roll dice to determine who will be killed and eaten by the others so that some may survive. The two survivors are unexpectedly rescued 10 days later and tried for murder. Judge A finds them guilty, saying that the unjustifiable killing of another is against the homicide laws of State X. He bases his decision solely on statutory law and case precedents interpreting the law. To which school of legal thought does Judge A belong? Explain.

2-8 Basing his decision on the same set of facts as given in Problem 2-7, Judge B rules that the survivors are not guilty because they were cut off from all civilized life, and in such a situation, the laws of nature apply, not manmade laws. To which school of legal thought does Judge B belong? Explain.

2-9 Basing her decision on the same set of facts as given in Problem 2-7, Judge C rules that the two survivors are not guilty because, according to a scientific survey of the community by a professional polling organization, the public believes that the survivors’ actions were defensible. To which school of legal thought does Judge C belong? Explain.

2-10 Imagine you are a sitting federal judge, and this case comes before you. A woman (x) charges another woman (y) with rape. Both have been partners for a five-year period. Both presently live in different states within the United States. Who would you decide the case in favor of? Explain, using one of the schools of thought outlined in this chapter.

2-11 Madison and his adult son lived in a house owned by Madison. At the request of the son, Marshall painted the house. Madison did not authorize the work, but he knew that it was being done and raised no objection. However, Madison refused to pay Marshall, arguing that he had not contracted to have the house painted. Marshall asked his attorney if Madison was legally liable to pay him. The attorney told Marshall that, in their state, several appellate court opinions had established that when a homeowner allows work to be done on his home by a person who would ordinarily expect to be paid, a duty to pay exists. The attorney stated that, on the basis of these precedents, it was advisable for Marshall to bring a suit to collect the reasonable value of the work he had done. Explain what the attorney meant by precedent and why the fact that precedent existed was significant.

2-12 Smith was involved in litigation in California. She lost her case in the trial court. She appealed to the California appellate court, arguing that the trial court judge had incorrectly excluded certain evidence. To support her argument, she cited rulings by the Supreme Court of North Dakota and the Supreme Court of Ohio. Both the North Dakota and Ohio cases involved facts that were similar to those in Smith’s case. Does the California court have to follow the decisions from North Dakota and Ohio? Support your answer.

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