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Milestone 1 business law.docx
by China Brown
Submission date: 25-Mar-2020 10:54AM (UTC-0400)
Submission ID: 1281795692
File name: Milestone_1_business_law.docx (22.01K)
Word count: 1020
Character count: 5074
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Milestone 1 business law.docx
ORIGINALITY REPORT
PRIMARY SOURCES
Submitted to Southern New Hampshire
University - Continuing Education
Student Paper
FINAL GRADE
/100
Milestone 1 business law.docx
GRADEMARK REPORT
GENERAL COMMENTS
Instructor
PAGE 1
PAGE 2
PAGE 3
PAGE 4
PAGE 5
Milestone 1 business law.docxby China BrownMilestone 1
business law.docxORIGINALITY REPORTPRIMARY
SOURCESMilestone 1 business law.docxGRADEMARK
REPORTFINAL GRADEGENERAL COMMENTSInstructor
BUS 206 Milestone One Guidelines and Rubric
Overview: Business law impacts our everyday lives, both
personally and professionally. Businesses enter contracts,
manufacture goods, sell services and products,
and engage in employment and labor practices—activities that
must all adhere to certain laws and regulations. Recognizing
and evaluating legal issues is a
fundamental skill that will help you navigate commercial
relationships and avoid potential problems in the business
world.
Prompt: Imagine yourself as a paralegal working in a law office
that has been tasked with reviewing three current cases. You
will review the case studies and
compose a short report for each, applying your legal knowledge
and understanding of the types of business organizations. In
each of the three reports, you will
focus on areas of law covered in this course. Case Study One
focuses on the legal system, criminal law, and ethics.
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 following critical elements must be addressed:
A. Apply the rules 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 for
this 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 for
criminal acts.
E. Identify, per the classification of crimes in the text, any
potential 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 the potential criminal
liability of Funny Face, Chris, Matt, Ian, and Novelty Now.
Include support for your conclusion.
G. Apply at least three guidelines of ethical decision-making
to evaluate ethical issues within the case study.
Rubric
Guidelines for Submission: Your submission should be a three-
to six-page Word document with double spacing, 12-point
Times New Roman font, and one-inch
margins. Citations should be formatted according to APA style.
Critical Elements Exemplary (100%) Proficient (85%) Needs
Improvement (55%) Not Evident (0%) Value
Case Study One:
Rules of Jurisdiction
Meets “Proficient” criteria and
cites scholarly research to
support claims
Correctly applies the rules of
jurisdiction to the facts of this
case and determines what
jurisdiction(s) would be
appropriate for Margolin’s
lawsuit against Funny Face and
Novelty Now
Applies the rules of jurisdiction
and determines what
jurisdiction(s) would be
appropriate for Margolin’s
lawsuit against Funny Face and
Novelty Now, but determination
of jurisdiction is incorrect for
this case
Does not apply the rules of
jurisdiction or determine what
jurisdiction(s) would be
appropriate for Margolin’s
lawsuit
13
Case Study One:
Alternative Dispute
Resolution
Meets “Proficient” criteria and
offers insight, based on scholarly
research, as to why the chosen
types of ADR would be
appropriate choices in this
situation
Analyzes the advantages and
disadvantages of two types of
ADR and defines the
characteristics of each
Analyzes the advantages and
disadvantages of two types of
ADR, but analysis is cursory or
does not define the
characteristics of each
Does not analyze the advantages
and disadvantages of two types
of ADR
13
Case Study One:
ADR Preference
Meets “Proficient” criteria and
offers concrete examples to
substantiate and
comprehensively describe why
the chosen types of ADR would
be preferred by the respective
parties
Applies knowledge of ADR and
discusses which types of ADR
each party (Funny Face, Novelty
Now, and Margolin) might prefer
and logically defends choices
Applies knowledge of ADR and
discusses which types of ADR
each party might prefer, but
discussion is cursory and/or
does not discuss reasons for
preferences, or defense is
illogical
Does not apply knowledge of
ADR or discuss which types of
ADR each party might prefer
13
Case Study One:
Criminal Acts
Meets “Proficient” criteria and
cites specific, applicable rules of
law
Applies concepts of criminal law
and discusses whether or not
corporations and/or corporate
officers may be held liable for
criminal acts
Applies concepts of criminal law
and discusses whether or not
corporations and/or corporate
officers may be held liable for
criminal acts, but discussion is
cursory or lacks detail
Does not apply concepts of
criminal law or discuss whether
or not corporations and/or
corporate officers may be held
liable for criminal acts
13
Case Study One:
Potential Criminal
Acts
Meets “Proficient” criteria, and
ideas are well supported with
annotations from the text
Correctly identifies, per the
classification of crimes in the
text, any potential criminal acts
by Funny Face and/or Novelty
Now
Identifies any potential criminal
acts by Funny Face and/or
Novelty Now, but criminal acts
identified are incorrect for this
case
Does not identify any potential
criminal acts by Funny Face
and/or Novelty Now
13
Case Study One:
Potential Criminal
Liability
Meets “Proficient” criteria and
cites scholarly research to
support analysis
Applies concepts of criminal law
and discusses the potential
criminal liability of Funny Face,
Chris, Matt, Ian, and Novelty
Now and includes support for
the conclusion
Applies concepts of criminal law
and discusses the potential
criminal liability of Funny Face,
Chris, Matt, Ian, and Novelty
Now but does not include
support for the conclusion, or
support is weak
Does not apply concepts of
criminal law or discuss the
potential criminal liability of
Funny Face, Chris, Matt, Ian, and
Novelty Now
13
Case Study One:
Ethical Decision-
Making
Meets “Proficient” criteria and
offers insight into the
relationship between ethics and
law
Accurately applies at least three
guidelines of ethical decision-
making to evaluate ethical issues
within the context of the case
study
Applies at least three guidelines
of ethical decision-making to
evaluate ethical issues within
the context of the case study,
but application of guidelines has
gaps in accuracy or logic
Does not apply at least three
guidelines of ethical decision-
making to evaluate ethical issues
within the context of the case
study
13
Articulation of
Response
Submission is free of errors
related to citations, grammar,
spelling, syntax, and
organization and is presented in
a professional and easy to read
format
Submission has no major errors
related to citations, grammar,
spelling, syntax, or organization
Submission has major errors
related to citations, grammar,
spelling, syntax, or organization
that negatively impact
readability and articulation of
main ideas
Submission has critical errors
related to citations, grammar,
spelling, syntax, or organization
that prevent understanding of
ideas
9
Total 100%
BUS 206 Milestone One Template
To simplify completing this milestone, utilize this template to
help you write your essay. You may use
each heading as a starter sentence and then discuss the legal
issues presented in the fact pattern, using
the following terms. Be sure to explain and elaborate how each
term applies to the story. Be sure to
incorporate the facts of the case into your explanation and
analysis.
Remember that the document you submit should follow the
formatting guidelines described in the
Milestone One Guidelines and Rubric document.
A. The appropriate court for this lawsuit depends upon several
factors. Three important
considerations include the following:
1. Personal jurisdiction. Define personal jurisdiction and
explain how it applies to the
facts of this case.
2. Subject matter jurisdiction. Define subject matter
jurisdiction and explain how it
applies to the facts of this case.
3. Minimum contacts. Define minimum contacts and explain
how it applies to the facts
of case.
(Chapter 3)
B. Alternative dispute resolution (ADR) may be an option to
resolve this dispute.
1. Define ADR.
(Chapter 4)
C. Language on the Funny Face website appears to limit any
claim filed to arbitration as a means
of resolving the dispute.
1. Explain the pros and cons of arbitration for at least two
parties to the case.
2. Explain mediation and whether it has any benefits in this
case.
D., E., and F. Chris, Matt and Ian could be subject to corporate
criminal liability. The primary
crime that exists in this case is that of fraud.
1. Define fraud and why or why not one or more parties might
be held responsible for
this crime.
2. Can you identify any other defendants and/or possible
crimes in the story?
Elaborate and explain.
(Chapter 7)
G. The ethical process of decision-making involves
consideration of three key elements.
1. Identify the elements and discuss how they apply to some of
the facts of this case.
(Chapter 3)

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Milestone 1 business law.docxby China BrownSubmission da.docx

  • 1. Milestone 1 business law.docx by China Brown Submission date: 25-Mar-2020 10:54AM (UTC-0400) Submission ID: 1281795692 File name: Milestone_1_business_law.docx (22.01K) Word count: 1020 Character count: 5074 100% SIMILARITY INDEX 1% INTERNET SOURCES 0% PUBLICATIONS 100% STUDENT PAPERS
  • 2. 1 100% Exclude quotes On Exclude bibliography Off Exclude matches Off Milestone 1 business law.docx ORIGINALITY REPORT PRIMARY SOURCES Submitted to Southern New Hampshire University - Continuing Education Student Paper FINAL GRADE /100 Milestone 1 business law.docx GRADEMARK REPORT GENERAL COMMENTS Instructor PAGE 1 PAGE 2 PAGE 3
  • 3. PAGE 4 PAGE 5 Milestone 1 business law.docxby China BrownMilestone 1 business law.docxORIGINALITY REPORTPRIMARY SOURCESMilestone 1 business law.docxGRADEMARK REPORTFINAL GRADEGENERAL COMMENTSInstructor BUS 206 Milestone One Guidelines and Rubric Overview: Business law impacts our everyday lives, both personally and professionally. Businesses enter contracts, manufacture goods, sell services and products, and engage in employment and labor practices—activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business world. Prompt: Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studies and compose a short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on areas of law covered in this course. Case Study One focuses on the legal system, criminal law, and ethics.
  • 4. 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 following critical elements must be addressed: A. Apply the rules of jurisdiction to the facts of this case and determine what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face
  • 5. 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 for this 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 for criminal acts. E. Identify, per the classification of crimes in the text, any potential 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 the potential criminal liability of Funny Face, Chris, Matt, Ian, and Novelty Now. Include support for your conclusion. G. Apply at least three guidelines of ethical decision-making to evaluate ethical issues within the case study. Rubric Guidelines for Submission: Your submission should be a three- to six-page Word document with double spacing, 12-point Times New Roman font, and one-inch margins. Citations should be formatted according to APA style.
  • 6. Critical Elements Exemplary (100%) Proficient (85%) Needs Improvement (55%) Not Evident (0%) Value Case Study One: Rules of Jurisdiction Meets “Proficient” criteria and cites scholarly research to support claims Correctly applies the rules of jurisdiction to the facts of this case and determines what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now Applies the rules of jurisdiction and determines what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, but determination of jurisdiction is incorrect for this case Does not apply the rules of jurisdiction or determine what jurisdiction(s) would be appropriate for Margolin’s lawsuit 13
  • 7. Case Study One: Alternative Dispute Resolution Meets “Proficient” criteria and offers insight, based on scholarly research, as to why the chosen types of ADR would be appropriate choices in this situation Analyzes the advantages and disadvantages of two types of ADR and defines the characteristics of each Analyzes the advantages and disadvantages of two types of ADR, but analysis is cursory or does not define the characteristics of each Does not analyze the advantages and disadvantages of two types of ADR 13 Case Study One: ADR Preference Meets “Proficient” criteria and offers concrete examples to substantiate and comprehensively describe why
  • 8. the chosen types of ADR would be preferred by the respective parties Applies knowledge of ADR and discusses which types of ADR each party (Funny Face, Novelty Now, and Margolin) might prefer and logically defends choices Applies knowledge of ADR and discusses which types of ADR each party might prefer, but discussion is cursory and/or does not discuss reasons for preferences, or defense is illogical Does not apply knowledge of ADR or discuss which types of ADR each party might prefer 13 Case Study One: Criminal Acts Meets “Proficient” criteria and cites specific, applicable rules of law Applies concepts of criminal law and discusses whether or not corporations and/or corporate officers may be held liable for criminal acts
  • 9. Applies concepts of criminal law and discusses whether or not corporations and/or corporate officers may be held liable for criminal acts, but discussion is cursory or lacks detail Does not apply concepts of criminal law or discuss whether or not corporations and/or corporate officers may be held liable for criminal acts 13 Case Study One: Potential Criminal Acts Meets “Proficient” criteria, and ideas are well supported with annotations from the text Correctly identifies, per the classification of crimes in the text, any potential criminal acts by Funny Face and/or Novelty Now Identifies any potential criminal acts by Funny Face and/or Novelty Now, but criminal acts identified are incorrect for this case
  • 10. Does not identify any potential criminal acts by Funny Face and/or Novelty Now 13 Case Study One: Potential Criminal Liability Meets “Proficient” criteria and cites scholarly research to support analysis Applies concepts of criminal law and discusses the potential criminal liability of Funny Face, Chris, Matt, Ian, and Novelty Now and includes support for the conclusion Applies concepts of criminal law and discusses the potential criminal liability of Funny Face, Chris, Matt, Ian, and Novelty Now but does not include support for the conclusion, or support is weak Does not apply concepts of
  • 11. criminal law or discuss the potential criminal liability of Funny Face, Chris, Matt, Ian, and Novelty Now 13 Case Study One: Ethical Decision- Making Meets “Proficient” criteria and offers insight into the relationship between ethics and law Accurately applies at least three guidelines of ethical decision- making to evaluate ethical issues within the context of the case study Applies at least three guidelines of ethical decision-making to evaluate ethical issues within the context of the case study, but application of guidelines has gaps in accuracy or logic Does not apply at least three guidelines of ethical decision- making to evaluate ethical issues within the context of the case study
  • 12. 13 Articulation of Response Submission is free of errors related to citations, grammar, spelling, syntax, and organization and is presented in a professional and easy to read format Submission has no major errors related to citations, grammar, spelling, syntax, or organization Submission has major errors related to citations, grammar, spelling, syntax, or organization that negatively impact readability and articulation of main ideas Submission has critical errors related to citations, grammar, spelling, syntax, or organization that prevent understanding of ideas 9 Total 100%
  • 13. BUS 206 Milestone One Template To simplify completing this milestone, utilize this template to help you write your essay. You may use each heading as a starter sentence and then discuss the legal issues presented in the fact pattern, using the following terms. Be sure to explain and elaborate how each term applies to the story. Be sure to incorporate the facts of the case into your explanation and analysis. Remember that the document you submit should follow the formatting guidelines described in the Milestone One Guidelines and Rubric document. A. The appropriate court for this lawsuit depends upon several factors. Three important considerations include the following: 1. Personal jurisdiction. Define personal jurisdiction and explain how it applies to the facts of this case. 2. Subject matter jurisdiction. Define subject matter jurisdiction and explain how it applies to the facts of this case. 3. Minimum contacts. Define minimum contacts and explain
  • 14. how it applies to the facts of case. (Chapter 3) B. Alternative dispute resolution (ADR) may be an option to resolve this dispute. 1. Define ADR. (Chapter 4) C. Language on the Funny Face website appears to limit any claim filed to arbitration as a means of resolving the dispute. 1. Explain the pros and cons of arbitration for at least two parties to the case. 2. Explain mediation and whether it has any benefits in this case. D., E., and F. Chris, Matt and Ian could be subject to corporate criminal liability. The primary crime that exists in this case is that of fraud. 1. Define fraud and why or why not one or more parties might be held responsible for this crime.
  • 15. 2. Can you identify any other defendants and/or possible crimes in the story? Elaborate and explain. (Chapter 7) G. The ethical process of decision-making involves consideration of three key elements. 1. Identify the elements and discuss how they apply to some of the facts of this case. (Chapter 3)