April 7, 2014

Focus Activity

   On the Agencies page, answer the following questions as a response to all of your previous posts.

     a. What steps would you take if you thought you were being discriminated against in the workplace?
     b. What can you do if the EEOC does not find you have been discriminated against?
     c. What would you do if you felt you were being retaliated against or had a "whistleblower" complaint?

   Use this link to help you answer these questions  http://www.justice.gov/crt/about/emp/emp_faq.php

Closing Activity

     a. Find a recent case relating to recent (within the last two years) on the exceptions to "at will employment
     b. Summarize the article
     c. Tell me which exception applies to the case
     d. What was the outcome or what is your predicted outcome?
     e. Why?

*Respond to your other posts from this unit

April 4, 2014

As a response to your posts from yesterday, read the following and answer the questions. 

Doug, a 16 year-old, has a lot of money on his hands with very little time so he decides to hire a personal assistant. When Doug turns 17 and needs a car, he gives specific instructions to his personal assistant (Sam) as the car he wants (personal assistant is 24). Sam follows his instructions exactly, supplies the salesman with a business card and a notarized statement authorizing Sam to act in Doug's place. When Sam brings the car to Doug, Doug has changed his mind and tries to cancel the contract.

1. Is Doug still responsible for the contract?

2. Is Sam responsible?

3. Does the notarized letter give Sam the ability to act in Doug's place?

April 3, 2014

Read the scenario below and post your answers to the questions on the page titled "Agencies."

Bruce owned an apartment building.  He hired a maintenance manager named Tom to “make minor repairs requested by tenants such as fixing plumbing leaks, replacing light switches, and replacing broken garbage disposals.”  Things worked well until Tom ordered a new refrigerator and stove for one of the apts. without consulting Bruce.  Tom had given the business card Bruce printed for him to the appliance store.  The card described Tom as the “Manager of Maintenance” for the apt. complex.  Based on that business card, the retailer delivered the appliances.

1. Why should Bruce be bound to pay for the appliances?

2. Why should Bruce not be bound to pay for the appliances?

April 1, 2014

I apologize for my absence today-it was unexpected. The quiz has been rescheduled to tomorrow. Your work for today is below.

1. Read the following article.

 http://www.pastemagazine.com/articles/2013/11/beastie-boys-write-open-letter-to-goldieblox-over.html


2. Provide a brief summary of the issue.

3. Under what  circumstances can someone use copyrighted material legally?

4. Based on what you know about copyright law and the facts of this case, did GoldieBox infringe upon The Beastie Boy's copyrights?


5. Read the following article.

http://www.wptv.com/news/science-tech/apple-aapl-and-samsung-face-off-in-court-again-over-patent-disputes

6. Provide a brief summary of the issue.

7. What is a patent?

8. In this case, what does Apple need to prove in order to win their case?

9. Finish any notes you want to add to your document for tomorrow.


*All posts can be done as a comment to this post. Keep all of your posts together and sign them with your first initial and last name. Have a good day!

March 28, 2014

Focus Activity-Read the case below and answer the questions. You can respond to this post.

As he loaded an entertainment center into the U-Haul trailer he had rented, James Hefley noted a lack of internal tie down points in the trailer and improvised by securing the entertainment center with three rachet straps he attached to the trailer’s outer edges. When the entertainment center fell out of the trailer on a highway, its 30-pound base flew through the air and crashed through Maria Federici's  windshield, hitting her across the eyes.

As a result of the accident, the bones in Maria’s face were completely shattered. She suffered permanent brain damage, the loss of both eyes, and her senses of taste and smell, among other impairments. Even after seven reconstructive surgeries, her face bears little resemblance to how it looked before the accident. Maria, who lives with her mother, now requires a service dog to get around and hopes to soon be able to live on her own.

Shortly after the accident, Maria and her mother were referred to AAJ member Simon Forgette of Kirkland, who took her case after examining the U-Haul trailer involved and seeing clear indications that it was unsafe for do-it-yourself movers. Together with Seattle attorney William Leedom, Forgette filed suit on behalf of Maria against U-Haul and Hefley.

In addition to claiming each party acted negligently, Maria’s suit also claimed that U-Haul’s “RO model” trailer was not reasonably safe as a result of its low tailgate and the absence of internal tie down points, and that U-Haul failed to warn renters that large items can fall out of an open trailer. “U-Haul failed to provide any instructions to renters regarding how cargo loaded into RO trailers could be secured,” Forgette says. “U-Haul’s load restraining safety system consisted primarily of leaving it up to the do-it-yourself mover to secure the load.”

Maria’s accident was widely reported in the local media, and interest in the case was reignited before the trial, when the court refused to admit evidence that Maria—who had one glass of wine the evening of the accident—had a blood alcohol level over the legal limit, presumably a key piece of U-Haul’s defense strategy.

Forgette believes it is important for people to know exactly why the evidence was kept out. The computer enzyme analyzer used by the hospital to analyze blood assigns the same color marker to a chemical known as NADH as it does to alcohol, then prints results based on the color detected by the machine. “When you lose as much blood as Maria did, your body produces the chemical NADH,” Forgette said. “The hospital’s analyzer wrongly read the NADH in Maria’s blood as alcohol.”

-Taken from Woman’s traumatic highway accident exposes dangers of unsecured loads, inspires new laws

Federici v. U-Haul Intl., Wash., King Co. Super., No. 06-2-11563-5 SEA, Nov. 9, 2007.

1. What are U-Hauls responsibilities as the bailor?

2. What are Hefley's responsibilities as the bailee?

3. Given what you know about this case, what would be your verdict?

4.  Why?

March 26, 2014

Focus

     -Read this article  http://www.nj.com/news/index.ssf/2014/03/bullies_beware_groundbreaking_ruling_allows_schools_to_sue_students_who_harass_peers.html

    -Do you agree or disagree with this decision? Why or why not? Be specific.

March 25, 2014

Focus Activity-Consider the most valuable piece of property that you own. Make a list of how you exercise your rights and interests of
       -title
       -possession
       -use
       -alienation

Comment to this post

March 21, 2014 Focus Activity

Marti purchased a new textbook from a bookstore for one of her classes. Before the semester started, she decided to drop the class and take it the next semester instead. She rented the book to her friend Adrian for this semester. During this semester, Adrian might let a classmate have it to study for an exam. Can all three students claim the book as their property?

Tuesday, March 18, 2014 Focus Activity

1. Go to the page labeled "Is writing required?"

2. Read each scenario and decide if writing is required. You may also have to decide whether the contract is a legal contract or not.

3. Respond to each scenario stating if writing is required and explain why or why not. Also, answer any addition questions posed to you.

4. Make sure all your answers are numbered and tagged with your first initial and last name. ie: Y. Francis

Examples:

Scenario

Jim hires Jake to stalk and threaten his ex-girlfriend. Jim offers Jake $300 to scare her and make her believe her life is in danger. After Jake sufficiently scares her and is arrested and put in jail, Jim refuses to pay Jake because Jake was caught. Jake decides to sue Jim. Can he recover the money?

Answer

Writing is not required because it is not even a legal contract. One cannot enter into a legally enforceable contract for illegal activities. Jake will not be able to get the money.

Scenario

Sue enters into a contract to buy a house from Joe. After 30 days, Joe changes his mind and no longer wants to sell his home. Sue takes Joe to court to force Joe to sell the home. Will she succeed?

Answer

Writing is required because all contracts to buy and sell property must be in writing. Sue will succeed as long as both she and Joe signed a written agreement with clear terms.

Friday, March 7, 2014

1. Read the following article
http://www.millsandmills.ca/blog/2014/01/interpreting-a-marriage-contract---whats-fair-isnt-always-appropriate.shtml

2. In your own words, explain what it means on the Contract Law 3 page.

3. How will knowing this information help you in the future?

4. Complete your scripts.

Thursday, March 6, 2014

Due to the shortened class today, you have the entire period to work on the script project.

Tuesday, March 4, 2014

Because I am out this week, all of your blog postings will be graded as a quiz grade this week.

1. On the Contract Law 2 Page, find a recent news article relating to contract law. Provide the link to the article and a brief summary of the issue.

2. Read someone else's article and ask a question related to the article.

3. Answer the question posted by your classmate under your own article.

4. Review and begin the Contracts Scripts assignment in the assignments/daily assignments folder.

Focus February 27, 2014

Read the scenarios below. Answer the questions on the CONTRACT LAW page.

1. JJ bought his roast beef sandwich at Joe's Deli every lunch hour. Joe always had a joke to pass on while he rang up the transaction. JJ would then buy a soda out of the machine, grab a section of the paper the deli provided, and settle into one of the booths to read. JJ only ad 20 minutes for lunch, so he made the most of them. One day he found the store packed with Benton High School students. On their way to a state basketball playoff game, the bus had stopped for them to buy lunch. Twelve students were waiting in line at the register. Seeing his lunch time evaporating, JJ held up the sandwich where Joe could see it and laid the customary amount on the back counter. Joe nodded, winked, and grabbed the money for the register. What kind of contract had just been formed?

2. Bill and Sharon agreed to go to the movies together. Sharon bought a new outfit for the occasion. Bill bought two tickets. If either party attempts to back out, can the courts be used to enforce their social agreement or provide a damage award for their lost investments? Why or why not?

3. John proposed to Jane and Jane accepted. John gave Jane a $5000 diamond engagement ring. Two weeks before the wedding, Jane decided she no longer wanted to marry John. Does she have to give the ring back? Is she responsible for any other expenses that went into planning the wedding? Would your answers change if John decided to cancel the wedding?

February 26, 2014 Focus

1. Read each scenario below

2. Decide what classification (s) of law each  scenario falls under (civil, criminal, procedural, or substantive)

3. Create 2 events that could happen to you as a business person during the course of a day and which type of law would be applied to that scenario

***Post all answers on the classifications of law page***


Scenarios:

a. Carlos sold the trees on his 300-acre farm to Redicut Lumber Company. Redicut used logging equipment and methods that caused severe erosion on steep hillsides and drainage problems in low-lying areas.

b. Jean went to a party Friday night. While driving home, she ran a red light, hit another car, and killed the driver. When Jean was arrested for DUI and vehicular homicide, she was read her Miranda rights and allowed to call a lawyer.

c. Loretta owned an apartment building in New York City. A New York state law allowed her to collect only $1 from the cable company who installed a television cable to her building. She challenged the constitutionality of this law on the grounds that it allowed the taking of her property without just compensation.

February 24, 2014 Focus Activity

On the Sources of Law Page, make a list of 5 laws and what you think the source of each law is. (constitution, statute, administrative, regulation, or case law)

In my absence today....

1. Your focus activity is to make sure all of your blog postings are completed (they will be graded this weekend)

2. Read M.D. (a minor) v.  Morgan Hill Unified School District, answer all of the questions, and turn it in.

3. Prepare for your quiz on Tuesday:
a. Know the characteristics of ethical decision making and how to apply them
b. Know the four stages of law, be able to recognize them, and be able to apply
them by creating your own scenario
c. Recognize the four classifications of law (we will go over this on Monday, but you
may want to review the chapter 1 Presentation so you can begin to study)

Closing February 20, 2014

1. In your own words, list and describe the four stages of the growth of law.

February 20, 2014 Focus Activity

List the three characteristics of ethical decision making

In my absence today....

1. Answer the focus question today (Below this post)
2. Review the blog rubric in the folder labeled "Rubrics, syllabus, and other important information"
3. Review the 4 stages of law (growth of law), which can be found on the chapter 1 presentation
4.Locate a country in the world that represents each stage of law
5. Explain why the country is currently in that particular stage of law
6. Provide a link to an article/website that proves your information
7. Start here...http://chartsbin.com/view/6kx (if for some reason this link is blocked, start by searching systems of government)

Ethical Decision Making-Focus Activity 2/19/14

One morning you are driving to work, and as per usual you are running a bit late, so you are driving a touch faster than the speed limit. You reach down to your stereo to change the CD, when all of a sudden your car hits something solid. You spin to a stop, but not before several more cars have run into you and each other in an attempt to avoid the accident.

As you look up and out of your car, you can see that you hit a person, and that the person is not looking very good. In fact, you are sure that they are dead. You shakily get out of your car, and look around at the damage that has been caused. Several cars have been badly smashed up, but more importantly you have killed someone with your careless driving.

As you are standing there in shock, a woman comes up to you, tears running down her face, and obviously very shook up. As a natural reaction, you ask her what is wrong. She gives you a funny look, and then she explains that she just ran over someone. You ask her where this person is, and she points towards the person that you ran over!

You don’t understand why, but for some reason this woman thinks that she caused this accident and killed the person, when in fact you are well aware that you were the cause. Whoever accepts the blame is likely to be placed in jail for a very long time. If you let the woman take the blame, there is a very good chance you will get away with it all. However, there is also the chance that you could be placed in jail for even longer for trying to cover it up. What do you do and why? Remember to use ethical decision making. 

February 18, 2014 Focus Activity

Think of a decision you made recently. Would you consider that decision ethical? Why or why not?

Extra Credit 2/17/14

You have until Friday February 21st to complete this extra credit assignment. Any comments posted after that day will not be accepted.
1. Go to this website and read the information on the three ridiculous lawsuits that are being voted on this month.
http://www.facesoflawsuitabuse.org/poll/?gclid=CLWc8fS60qwCFUbf4AodLBexpg
2. For each one, identify the plaintiff and the defendant, and summarize the complaint.
3. Choose one of the lawsuits to "judge." With the limited information you have, decide who will win the lawsuit based on the law. You must research and cite specific law/cases to defend your judgement.

Extra Credit 1 2-13-14

Read the following case and answer the questions that follow.
You must answer all questions and earn a  grade of 90% or higher to receive the extra credit.

Commonwealth V. Snyder

Snyder was a high school student at Monument Mountain Regional High School in Great Barrington, Massachusetts. An unnamed student reported to an unnamed teacher that Snyder had approached her and asked if she wanted to buy some marijuana for twenty-five dollars. The teacher reported the conversation to the school principal, who in turn had the teacher tell the story again in the presence of the assistant principal. The teacher said that the student reported that Snyder had removed a videocassette case from his book bag, opened it, and displayed three bags of marijuana. Day, the principal, and Canning, the assistant principal, located Snyder eating lunch in the school cafeteria. Not wanting to arouse suspicion, the school official waited until Snyder went to class. Canning and Day then opened Snyder's locker using a combination obtained from school records. They discovered the book bag, the videocassette case and the three bags of marijuana.

With both Canning and Day present, Day informed Snyder that she had information that Snyder had offered to sell marijuana in the school. Day asked Snyder to confirm the truth of the allegation, and Snyder did so. Snyder indicated that a friend had given him the marijuana to sell, that he had mixed feelings and was indeed quite uncomfortable with the plan, and that on account of his reluctance to comply with the plan he had called his friend and instructed him to return to the school that same day to retrieve the marijuana that Snyder had not sold. Snyder acknowledged that he was the owner of the items that Day and Canning had seized from his locker earlier in the day. Snyder also admitted that he acquired four bags of marijuana from his friend and had already sold one of them.

Shortly thereafter, Canning called the Great Barrington Police Department. Officer Beckwith came to Monument Mountain High School. There, Day told Officer Beckwith what Snyder had said. Officer Beckwith gave Snyder Miranda warnings, and Snyder then confirmed that Day's recollection of their conversation was accurate. Officer Beckwith then took Snyder to the police station and again advised Snyder of his Miranda warnings. Snyder signed a form waiving his rights and then provided a written statement to officer Beckwith.

Prior to trial, Snyder moved to suppress the evidence discovered in the search of his locker as well as the admissions he made to the public school officials and Officer Beckwith. The motion judge denied Snyder's suppression motions, finding that Snyder had no reasonable expectation of privacy in his locker and thus his constitutional rights were not violated. Snyder was convicted of (1) illegal possession of a controlled substance; (2) possession of a controlled substance with intent to distribute; and (3) possession of a controlled substance with intent to distribute it in a school.

1. Who is the plaintiff?

2. Who is the defendant?

3. Is this a criminal or civil trial?

4. What constitutional rights are in question?

5. What did the school policy say about searching student lockers?

6. Was the information received by the administrators reliable?

7. Did Jefferey have an "expectation of privacy" in his locker at school? You must explain your answer.

8. Was the school's search of his locker justified and reasonable? You must explain your answer.

9. Did the school have reasonable suspicion to search the locker? You must explain your answer.

CVS

Read the article at the following link:

http://money.cnn.com/2014/02/05/news/companies/cvs-walgreens-cigarettes/


Answer the following questions:

1. Explain whether CVS's decision to stop selling cigarettes is reasoned. Use proof from the article to support your answer.

2. Explain whether CVS's decision to stop selling cigarettes is impartial. Use proof from the article to support your answer.

3. Explain whether CVS's decision to stop selling cigarettes is about right or wrong. Use proof from the article to support your answer.

2/10/14 Closing Question

In your own words, explain the difference between common law and positive law.

Quinton

Hi I'm Quinton, I'm in 12th grade and I'm takin this course because they put in in here 

Welcome!

Welcome to Mrs. Francis's Business Law class. I am looking forward to our time together. Please become familiar with this blog page and how to blog by posting a little bit about yourself as a response to this welcome message. I want to know if you have a nickname, your grade level, and why you are taking this course.