UPPER BA302 2020 February All Weeks Discussions Latest

BA302 Business Law and Ethics

Week 1 Discussion

DQ1 Must post first.

Stare Decisis-  from the Latin means stand on prior court decisions. By number identify one problem, aka issue R1 thru R6 you think the law (courts) should continue as is (uphold) and stand on precedent. You may list your own Other issue #6 with explanation, if you don't choose one of the five issues.

Then identify one problem or issue you feel the law (courts) should change (meaning you feel the law should not stand on precedent).

Below is a list of topics which many consider to be significant problems.

The numbered subjects below are “Issues” because there are pro and con points that can be brought up on each.  We are not looking for a particular correct answer. Your response will be assessed and points awarded based on the level of your critical thinking/analysis. “Pick Two” out of the eleven problems?

        The problems or Issues are as follows:

          Stand on Precedent- Don’t change (Explain)             Don’t stand on Precedent.

                                                                                                 Change the Law (Explain your reasoning)                                                                                                              

          R1 thru 6 don't change, stand on precedent        Green 1 thru 5 - Change existing law Now!

             R1. Women's lib in solved this.                          G1. unfairness toward women is a problem

              R2. I say yes to legal marijuana!                         G2. no legal weed because...

              R3. I keep my gun 2nd amendment.                   G3. gun control is needed!

              R4. I support the POLICE.                                     G4. Criminal Justice System is unjust   

              R5. Global Warming is Fake Science                   G5. Global Warming is world's top problem

              R6. My own Issue I want to stay “as is”

 Instructor - Add your first discussion topic (question) here. Then complete the remaining DQ topics, deleting any extras that you will not be using.

Please add only your question here and use the forum for specific instructions. Don't forget to check the "Users may start a thread..." box if you do not want students to view other posts prior to answering the question themselves. Also, remember to add your point for this topic under the Assessment tab.

DQ2 Topic 2 What is business practices are most unfair to women ?Contains unread posts

In discussion topic 1 many classmates felt women have not achieved equality with men.   Should women first address equal pay,  or sexual harassment, or promotion up the business ladder? Explain your reasoning...

 

 

 

 

BA302 Business Law and Ethics

Week 2 Discussion

DQ1 The standard of proof in criminal trials is more stringent than in civil trials. Should there be a different standard of proof for criminal trials than for civil trials?  Why or why not?

DQ2 Where does a cyber-crime take place, at the location of the victim or the location of the perpetrator?

DQ3 What factors do you believe determine whether a product is "unreasonably dangerous"?  Should the demographics of the intended user play a role in that determination?

 

BA302 Business Law and Ethics

Week 3 Discussion

DQ1 Assume that I come to your store day after day to purchase a newspaper.  One day, I decide that I also want a candy bar.  I pick one up.  Your store is busy and you are helping another customer away from the cash register but within my line of sight.  I wave the candy bar in your direction.  You neither affirmatively nor negatively respond.  I walk out without paying.  My intention is to come back the next day to pay for it. (Remember this week's topic.)

Whether or not you would go ahead and prosecute me, have I, in fact, committed a crime? Do not explain whether you would or would not prosecute as it is not germane to the discussion topic. What other facts, if any, would you want to know?

DQ2 Should a person be required to sign an arbitration agreement as a prerequisite to getting medical treatment in a non-emergency situation?  Why or why not? If so, should the arbitration agreement include a provision that terminates the agreement after a certain period of time or a given event?

DQ3 In an era in which business fortunes may change rapidly, can a prospective employee ever justifiably rely on statements made by a prospective employer during a job interview?  If so, what type or types of statements can be justifiably relied upon?

 

BA302 Business Law and Ethics

Week 4 Discussion

DQ1 I am a corn broker.  I contract with Farmer I.T. Dell to purchase 1200 bushels of Dell Computer Corn #1. That brand of corn is the best on the market, one level of quality better than Old McDonald's Quack and Oink and two levels of quality better than Farmer Jack's Canned Maize brands.  I tell Farmer Dell that I have purchasers for the 1200 bushels of corn because I can deliver Dell Computer Corn #1.

Farmer Dell ships me 400 bushels.  He explains the shortfall as the result of a drought.  I am not pleased.  Who bears the loss of the 800 bushels that was not delivered, Farmer Dell or me?  If there is information not contained in my hypothetical that would assist you in answering it, please identify the missing information. Then make an assumption about the missing information and respond, including your assumption[s]. Do not concern yourself with any questions regarding title to the corn.

DQ2 (Taken from Chapter Question 15-2 on page 372) How much disruption is in a person's life must that person endure in order to avoid application of the doctrine of mitigation of damages by failing to mitigate damages)? For example, would a person be required to move across the country if a similar job opening occurred there?  In the example in the chapter question, would it make a difference if the highest salary was $15,000? 

DQ3 In a breach of contract action, how far removed from a breach of contract can consequential damages be recovered by the non-breaching party?  Colloquially, how many "degrees of separation" from the original breach of contract are we talking about?

 

BA302 Business Law and Ethics

Week 5 Discussion

DQ1 How does the "buyer in the ordinary course" designation and its application affect national commerce?  Is the influence positive or negative?  Why?

DQ2 Does your state have a "lemon law"?  If so, what are the requirements to trigger its application?  Do you think that those requirements are too lenient or too strict from the perspective of a potential claimant? If not, what provisions would you place in a "lemon law" for your state?

DQ3 What pro-active steps should be taken by a business to minimize the risk of a forged indorsement or a forged signature? How cautious should financial institutions be required to be without unduly impeding the global flow of money and, potentially, triggering economic collapse?

 

BA302 Business Law and Ethics

Week 6 Discussion

DQ1 What protection, if any, can a co-signer insist upon in a loan document to protect his or her stake in the repayment process?  Are there other protections available to the co-signer that are not contained in the loan document?

DQ2 What parameters would you place on the use of the automatic stay provision of the Bankruptcy Code, 11 USC 362, to make it fair to both debtors and creditors?

DQ3 If you could redraft the federal exemptions in the Bankruptcy Code, what exemptions for real and personal property would you include on a nationwide basis, taking into account the principles behind the 2005 amendments to the present Bankruptcy Code?  What monetary limits would you use?

 

BA302 Business Law and Ethics

Week 7 Discussion

DQ1 Which entity form discussed in the readings this week attracts you the most and why?

DQ2 Should LLCs have a legal maximum number of Members?  If so, how many and why?  If not, why should LLCs be permitted to have an unlimited numbers of Members when S Corporations cannot?

DQ3 Which aspects of a proposed franchise agreement should a prospective franchisee be most concerned about?  What types of provisions would be so onerous that you would advise the prospective franchisee to walk away from the deal?

BA302 Business Law and Ethics

Week 8 Discussion

DQ1 Is there really such a thing as international "law"? Should we care?

DQ2 What was the most important conclusion you drew in your Individual Research Paper?  Why did you think it was most important?.

DQ3 Out of all the areas of Business Law that we reviewed in this term, which area needs the most work by policymakers and opinion-shapers and which area makes the most sense?