5 assignments MBA5005

Project: Legal & Ethical Scenarios

Legal and Ethical Scenarios

Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.

Scenario I: Courts and Alternative Dispute Resolution

Alana Mendes suffered from Alzheimer’s, and was admitted to the Bay Pines Rehabilitation Center. Because of her mental condition, Alana’s daughter, Juanita, completed the admissions paperwork and signed the admissions agreement. The admissions documents included a clause that required parties to submit any disputes for arbitration. When Alana was released from the center four months later, she sued for negligent treatment and malpractice during her stay. Bay Pines moved to require arbitration.

  • This is a claim of negligent care, not a breach of a commercial contract. Is it ethical for medical facilities to impose mandatory arbitration? Is there really any bargaining over such terms?
  • Should a person with limited mental capacity be held to the arbitration clause agreed to by the next-of-kin who signed on behalf of that person?

Scenario II: Due Process and ADR

In 2016, a report found extremely high rates of obvious plagiarism in the theses of graduate students in the MBA program in the College of Business at Western State University. Two full-time faculty members and three adjuncts were identified for ignoring their ethical responsibilities and contributing to negligence toward issues of academic misconduct. Assistant Professor Mark Day was one of the five professors identified in the report. The findings were published during a press conference in May 2016. The dean of the College of Business, Derrick Dawson, removed Day’s responsibilities for advising graduate students and scheduled him for undergraduate courses for the next semester. Day filed suit in a federal district court against Dawson, the university, and others for violating his due process rights by publicizing accusations about his role in plagiarism without providing him with a meaningful opportunity to clear his name in public.

  • What does due process require in these circumstances?
  • Would the outcome be different if a mandatory arbitration clause was provided in Day’s contract and the university filed to dismiss the suit to require arbitration?

Scenario III: Regulatory Agencies and Ethics

Jessica Smith is the vice president of new drug development at Generic Phama, Inc, a pharmaceutical research company in Boston, Massachusetts. One year ago, she filed an application with the Food and Drug Administration (FDA) to obtain approval of a new drug for treating cancer. Smith met Joe Spencer at a convention three months ago and invited him to her room at the hotel. The two parted ways. Spencer worked as the director for approval of new drugs at the FDA. Two weeks later, Spencer wrote Smith a letter on FDA letterhead stating, “It was nice to see your name cross my desk on our company’s application for approval of the new cancer drug. I’d really like to see you again. Why don’t you come visit me in Washington this weekend?”

Smith considered requesting that the petition be referred to another director at the FDA. However, she is concerned that the transfer would delay the approval process for at least a year. Smith’s chief scientist advised her that a key competitor plans to introduce a similar drug on the market in three months.

  • Are there any legal or ethical barriers to relationships between corporate officers and members of administrative agencies involved in reviewing or regulating corporate activity?
  • What should she do?
  • What would you advise her to do if you were head of human resources or legal counsel for Generic Pharma, Inc.

Name your document SU_MBA5005_W1_LastName_FirstInitial.doc.

Submission Details:

  • Support your responses with examples.
  • Cite any sources in APA format.
  • Submit your document to the Submissions Area by the due date assigned
  • week 2 assignment
  • Legal & Ethical Scenarios

    Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.

    Scenario I: Employment Law

    Carole Smith, an Apostolic Christian, worked as sales associate at Nickels Department Store. One afternoon, during a break, Smith participated in a conversation about God, homosexuality, and same-sex marriages. The next day, an employee told the manager that Smith made inappropriate comments about gays to Casey, a Nickels employee who was gay. Over the next five weeks, Nickels investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In his statement, Casey reported that Smith pointed her finger and said that God does not accept gays, that gays should not be allowed to marry or have children, and that they will burn in hell. Three employees confirmed Smith’s statements.Nickels terminated Smith’s employment after concluding she had engaged in serious harassment in violation of its Discrimination and Harassment Prevention Policy. This policy, of which Smith was aware, prohibits employees from engaging in conduct that could reasonably be interpreted as harassment based on an individual’s status, including sexual orientation, and provides that employees who violate the policy will receive “coaching and/or other discipline, up to and including termination.” Nickels has “zero tolerance” for harassment “regardless of whether such conduct rises to the level of unlawful discrimination or harassment” and treats serious harassment as gross misconduct and grounds for immediate termination.

    • Smith filed suit, alleging her termination for stating that gays should not marry and will go to hell—a belief that she maintains is an aspect of her Apostolic Christian faith—constitutes unlawful discrimination under Title VII. Is she correct?
    • If Smith posted the same information on her Facebook page but omitted references to the specific employee, would the outcome of her lawsuit for wrongful termination change?

    Scenario II: Professional Torts

    Medical malpractice is negligence committed by a physician or a pharmacist. Present an actual case of medical malpractice filed in your state court system or in the federal district court in your state. You must read the actual case and not an article about the case. You may find the case by first reading the article by researching the South University Online Library or a scholarly source on the Internet, but you will need to read and cite the actual case to receive credit.Accordingly, respond to the following questions:

    • Summarize the facts of the case.
    • Provide your state’s law or regulation relating to malpractice by physicians or pharmacists.
    • Discuss the outcome of the case.
    • Explain whether you agree with the verdict. Why or why not?

    Scenario III: Agency, Employment and Torts

    Brenda Byars, on her way to a business meeting and in a hurry, stopped at a Radio Shack to pick up a new car charger for her smartphone. There was a long line at one of the checkout counters, but a cashier, Phyllis Richmond, opened another counter and began loading the cash drawer. Byars told Richmond that she was in a hurry and asked Richmond to work faster. Instead, Richmond slowed her pace. At this point, Byars hit Richmond.It is not clear whether Byars hit Richmond intentionally or, in an attempt to retrieve the car charger, hit her inadvertently. In response, Richmond grabbed Byars by the hair and hit her repeatedly in the back of the head, while Byars screamed for help. Management personnel separated the two women and questioned them about the incident. Richmond was terminated immediately for violating the store’s no-fighting policy. Byars sued Radio Shack, alleging that the store was liable for the tort (assault and battery) committed by its employee.

    • Under what doctrine might Radio Shack be held liable for the tort committed by Richmond?
    • What is the key factor in determining whether Radio Shack is liable under this doctrine?
    • How is Radio Shack’s potential liability affected by whether Richmond’s behavior constituted an intentional tort or a tort of negligence?
    • Suppose that when Richmond applied for the job at Radio Shack, she disclosed in her application that she had previously been convicted of felony assault and battery. Nevertheless, Radio Shack hired Richmond as a cashier. How might this fact affect Radio Shack’s liability for Richmond’s actions?

    Submissions Details:

    • Name your document SU_MBA5005_W2_LastName_FirstInitial.doc.
    • Submit your document to the Submissions Area by the due date assigned.

    Week 3 assignment

  • MBA5005 Individual Project To make the course engaging for each student, you will select a legal topic to research in Weeks 3 and 5 of the course. Click HERE for complete instructions and a list of topics. Although you are not required to select the exact topics listed, you should select something closely related. Try to select a topic that reflects an issue that is related to a concern you have in your professional life. Consult with your instructor if you are unsure whether your topic is acceptable for the class.Week 3 DeliverablesIntroduction Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. Use more than one paragraph, if needed. You will refine the introduction and background information when submitting the final paper in Week 5.Literature Review Conduct an abbreviated literature review related to the topic you selected. A literature review identifies information that is already known about a research topic. Although you will not conduct an actual research study in this class, a summary of scholarly information that has been written about your topic makes up an important component of your project.For Week 3, locate two scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Laws and Regulations Research and analyze one law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic.CasesThis week you will find one published case (lawsuit) that is related to the topic you selected. Summarize the case in your own words and explain how it is related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the court’s decision.The following websites may be helpful in finding cases to use in the paper. You must read the actual case and not a summary found on law firm websites, blogs and similar sources.FindLaw – Caselaw.findlaw.com Justia – http://law.justia.com/cases/Public Library of Law – http://www.plol.org/Pages/Search.aspx Leagle – http://leagle.comOpen Jurist – http://openjurist.orgFormatting Instructions
    • Review detailed instructions for the assignment.
    • Write a 4 to 6 page paper about the topic.
    • Use APA format for the paper, including cover page and separate reference page. Review the APA materials located in the Library Research Guide.
    • Name your document SU_MBA5005_W3_LastName_FirstInitial.doc

    Submission Details:

    • Support your responses with examples.
    • Cite any sources in APA format.
    • Submit the paper to the Submissions Area by the due date assigned.

    WEEK 4 Assignmentlegal and Ethical ScenariosSelect two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.Scenario 1—BankruptcyRusty Weaver, a project manager for the Tipton Machinery, filed a petition in bankruptcy under Chapter 7, seeking to discharge $75,000 in credit-card debts and $45,000 in student loans. Weaver’s wife died and left him with two children, Paul, who attended college, and Diana, who was thirteen years old. According to Weaver, Diana was an “elite” swimmer who practiced ten to fifteen hours a week and placed between first and third at more than thirty competitive events. Diana was homeschooled with academic achievements that were average for her grade level. His petition showed monthly income of $5,325 and expenses of $5,200. The expenses included annual homeschool costs of $8,200 and annual swimming expenses of $5,000. The expenses did not include college costs for Paul, or airfare for his upcoming summer trip to Europe, and other items. The trustee allowed monthly expenses of $4,227, with nothing for swimming, and asked the court to dismiss the petition.

    • If Weaver qualified for Chapter 7, which debts would be discharged? Which debts would not be discharged? Why?
    • Using the median income from your state, does Weaver qualify for Chapter 7?
    • Should the court grant the trustee’s request? Does Weaver have other options if the Chapter 7 petition is dismissed?

    Explain your answers and support them with relevant scholarly sources.Scenario II – Organizations and LiabilityVance Armstrong was the sole incorporator of Triathlon Training Inc., a corporation designed to operate a training center for triathletes of all ages. The business was incorporated according to Florida law in January 2015, with Armstrong as the sole director and shareholder. Armstrong contributed $20,000 of starting capital, which was just enough to make minor repairs to the property he purchased for $400,000 with a loan from the bank. The corporation had no liability insurance. On June 15, 2015, the center opened for business. Over the next few months, the corporation operated with a profit.

    In July, Armstrong took a two-week vacation in France and used a check written on the company bank account to purchase his airline ticket. In September, Armstrong decided to have the pool resurfaced. Because business had slowed and the corporation’s bank account did not have sufficient funds, Armstrong wrote a personal check to cover the work. Armstrong feared he would not make enough money through the winter to turn a profit, so he decided to work a part-time job selling fitness equipment as an independent contractor for Bowflex. Armstrong used the training center’s office phone to make calls, the copy machine for copies, and the computer for searches. He made a substantial profit, which was maintained in a third bank account not associated with Triathlon Training or his personal account.

    On April 1, 2016, a child with a mild learning disability drowned in the pool while training for the local children’s triathlon. The parents brought a suit for wrongful death against Triathlon Training Inc. and against Armstrong in his individual capacity as owner. At the time of the suit, the corporation had less than $2,500 in its bank account. Because of these limited funds, the child’s parents hoped to recover most of their damages directly from Armstrong, who lived in a mansion on the beach.

    • Will the parents be successful in holding Triathlon Training Inc. liable for the child’s death?
    • What should the parents argue in order to hold Vance Armstrong liable in his individual capacity? Will the parents prevail? Why or why not?
    • How could Armstrong have protected himself against this type of potential liability?

    Scenario III—Insider TradingDuring a session with her doctor, Billy Mooney, Maggie Mason mentioned in confidence the imminent merger of Walgreens with Rite-Aid. Mason’s ex-husband, Gus Mason, was on the board of directors at Walgreens. Mooney communicated the information to a securities broker, Olive Green, who immediately made trades in Walgreen’s securities for her own account and for her customers’ accounts.

    • Did Mooney, Maggie Mason, Gus Mason, or Olive Green engage in illegal insider trading? Explain the potential culpability of each party. Include possible civil or criminal penalties for each party.
    • Was the conduct of the parties ethical?

    Name your document SU_MBA5005_W4_LastName_FirstInitial.doc.

    Submission Details:

    • Support your responses with examples.
    • Cite any sources in APA format.
    • Submit your document to the Submissions Area by the due date assigned
    • Week 5 Assignment

    • MBA5005 Individual Project Week 5 DeliverablesThis week, you will revise the first part of the paper according to your instructor’s comments. You will add additional articles, laws, cases and summary as outlined below. You will then combine all information and submit the final paper using the instructions provided.RevisionsRevise the paper submitted in Week 3.Literature ReviewFor Week 5, locate two additional scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information. Westlaw Campus Research is a good option for finding legal information in law journals. When you combine this section with Week 3, you will have a total of at least four articles.Laws and RegulationsResearch and analyze one additional law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic. When you combine this section with Week 3, you will have a minimum of two laws or regulations. Depending on the topic, you may compare the laws of two states For example, if you are writing about gender discrimination, compare the federal law with law from one of the states that also provides protection at the state level. States often provide more protection than the federal law.CasesResearch at least two additional published cases (lawsuits) related to the topic you selected. Summarize the cases in your own words and explain how they are related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the court’s decision. Combine the case from Week 3 with this section for a total of three cases.Summary/Conclusion
      • As an ending to your paper, summarize what you have learned. Assess and communicate what you believe the future holds as it relates to your topic.
      • If applicable, discuss how you might apply what your learned to your personal or professional life.
      • Add the parts from Week 3 and submit your final paper in accordance with the formatting instructions provided.

      Formatting Instructions

      • Submit a 10 to 14-page paper about the topic selected.
      • The paper should consist of a cover page, short introduction, explanation of the legal issue, literature review, analysis of related laws or regulations, reviews of cases, summary of information learned and application to your professional life, and a separate reference page.
      • Use APA format for the paper. Review the APA materials located in the Library Research Guide.
      • Name your document SU_MBA5005_W5_LastName_FirstInitial.doc

      Submission Details:

      • Support your responses with examples.
      • Cite any sources in APA format.
      • Submit the paper to the Submissions Area by the due date assigned.

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