Assignment #5 100 points _______________________________________________ A Comprehensive Position on Psychoactive Substances _______________________________________________ Preparation: By this point in the course, you have been exposed to a variety of different sources of information that attempt to contextualize psychoactive substance use in the United States. You also have written a number of short essays that focus on different substances and facets of use. Today’s assignment focuses on your ability to articulate a cohesive “summary” of your attitudes, beliefs, and understanding based on these experiences. Your Assignment: You have been hired by a non-partisan “think tank” to draft a position statement on psychoactive substances in the United States. This statement will be distributed to congress, members of the media, judicial agencies, public health agencies, and other interested parties. The purpose of the statement is to encourage a paradigm shift – to suggest a new way of thinking about psychoactive substances, or, if you wish, to reinforce current ways of thinking. Content for this statement should include (examples are provided on the reverse of this sheet): - What is the psychoactive substance that is most important to address in the United States? Choose one. - What current strategies address use of that substance? - What new strategies do you suggest to address that substance, if any? What You Need to Submit: This assignment should be a minimum of 1,250 words. Grading: Thorough examination of the issue 80 points - Part One (Selection of Most Important) (20) - Part Two (Current Strategies) (30) - Part Three (New Strategies) (30) Grammar/Spelling/Length 20 points Brief Sample Assignment: Most Important Substance: Here, I’m looking for you to select a single substance (i.e., cigarettes, alcohol, marijuana, etc…) that you think is important to address. Then, explain why it is the most important substance. A shortened example might be: “Marijuana is the most important substance to address in the United States because it’s the most contentious in terms of law. In other words, it is the area of the most conflict between state and federal governments.” - Then, tell me how you came to this conclusion (i.e., the standard that you used to determine this). - Provide examples Current Strategies: Identify one or two current strategies (such as MLDA 21, drug scheduling, warning labeling on cigarette packages, etc…) that have addressed the use of that substance. Then, tie them in to the issue you identified in the first part of the assignment. For example, “Marijuana remains illegal at the federal level with no accepted medical uses. This is because the FDA has stated that it will never approve a smoked substance as a medical product. However, this quickly is becoming a law without teeth, as .

1. Assignment #5 100 points
_______________________________________________
A Comprehensive Position on Psychoactive Substances
_______________________________________________
Preparation: By this point in the course, you have been exposed
to a
variety of different sources of information that attempt to
contextualize
psychoactive substance use in the United States. You also have
written a
number of short essays that focus on different substances and
facets of
use. Today’s assignment focuses on your ability to articulate a
cohesive
“summary” of your attitudes, beliefs, and understanding based
on these
experiences.
Your Assignment: You have been hired by a non-partisan
“think tank” to
draft a position statement on psychoactive substances in the

2. United
States. This statement will be distributed to congress, members
of the
media, judicial agencies, public health agencies, and other
interested
parties. The purpose of the statement is to encourage a paradigm
shift –
to suggest a new way of thinking about psychoactive
substances, or, if
you wish, to reinforce current ways of thinking. Content for
this statement
should include (examples are provided on the reverse of this
sheet):
- What is the psychoactive substance that is most important to
address in the United States? Choose one.
- What current strategies address use of that substance?
- What new strategies do you suggest to address that substance,
if
any?
What You Need to Submit:

3. This assignment should be a minimum of 1,250 words.
Grading:
Thorough examination of the issue 80 points
- Part One (Selection of Most Important) (20)
- Part Two (Current Strategies) (30)
- Part Three (New Strategies) (30)
Grammar/Spelling/Length 20 points
Brief Sample Assignment:
Most Important Substance: Here, I’m looking for you to select a
single
substance (i.e., cigarettes, alcohol, marijuana, etc…) that you
think is
important to address. Then, explain why it is the most
important
substance. A shortened example might be: “Marijuana is the
most
important substance to address in the United States because it’s

4. the most
contentious in terms of law. In other words, it is the area of the
most
conflict between state and federal governments.”
- Then, tell me how you came to this conclusion (i.e., the
standard
that you used to determine this).
- Provide examples
Current Strategies: Identify one or two current strategies (such
as MLDA 21,
drug scheduling, warning labeling on cigarette packages, etc…)
that
have addressed the use of that substance. Then, tie them in to
the issue
you identified in the first part of the assignment. For example,
“Marijuana
remains illegal at the federal level with no accepted medical
uses. This is
because the FDA has stated that it will never approve a smoked
substance as a medical product. However, this quickly is
becoming a law
without teeth, as the federal government has not yet sued

5. Colorado and
Washington to force a change in their state laws…”
- It is acceptable to suggest that no current strategy has been
effective.
- Tie these strategies directly to the substance that you
identified.
How does your strategy help/hurt levels of use of that
substance?
o If you claim that no strategy has been effective, explain
why use of that substance cannot be prevented using
current strategies.
New Strategies: Having read your assignments over the past
several
weeks, each of you has the knowledge base and capacity to
suggest
intelligent new strategies. Be innovative! Introduce a new idea.
For
example: “State governments should consider requiring that all
current
non-violent drug offenders complete their entire jail terms on
probation

6. while working on supervised skill-appropriate jobs, the income
from which
would be garnished and pooled to form a cost-offset fund to
mitigate
harm associated with substance-related criminal activity.”
- Provide one reason why people in the United States might
support this strategy (i.e., it appears to respect individual
rights)
and one reason others might oppose this strategy (i.e., it might
not be cost-effective).
Running head: CASE STUDY TWO
1
CASE STUDY TWO
2
Case Study Two
Michelangelo Orsini
BUS 206 Business Law

7. Sam came home one day and found two letters from different
people. One of the letters was from chain store Sam verbally
agreed to deliver 1000 units, and the firm was demanding the
delivery of the units immediately. The second was an eviction
notice from his landlord Quinn and required Sam to evict the
building in the next 30 days. To determine the validity of both
eviction notice and verbal agreement the term contract is going
to be defined. The term contract means a promise or formal
binding that has specified law to prevent cases of the breach and
offers the remedy of the law in a manner that recognizes duty
(Kubasek et al., 2018). Four elements make the contract valid,
and they include an agreement, a consideration, a contractual
object, and a legal object.
Analyze the elements of this case to determine whether a valid
contract between Sam and the chain store. Support your
response by identifying the elements of a valid contract?
The first element in a contract is an agreement which is deemed
relevant is it has specific terms, has intent and communication.
The second is consideration and consist of unilateral or bilateral
promise (Kubasek et al., 2018). The third is the contractual
object and comprises the ability to comprehend all the
ramifications of a contract to make it legal and binding to both
parties (Legal,n.d). The last is a legal object and specifies all
the things agreed in the contract which are known as subject or
object. They ought to be lawful and definite, and a court of law
cannot enforce a contract to conduct an illegal act (Steinberger,
2007). Hence, all the above-described elements are used to
determine if the contract is valid or not. The contract between
Sam and the chain store is invalid. The chain store is considered

8. as minor during the time Sam agreed to the contract. Minors
only enter into a voidable contract and have the right to
disaffirm. Also, the agreement is made by force or duress and
does not have mutual promise and can be altered at any time.
Assume there is not a valid contract between Sam and the chain
store. Analyze the elements of a quasi-contract and promissory
estoppel to determine whether the chain store would prevail on
a claim of either. Why or why not? Include support for your
analysis. Even if there is not a valid legal contract between Sam
and the chain, there may still be a quasi-contract or elements of
what is called promissory estoppel.
The term quasi-contract is one that is imposed by the court to
prevent any incidences of enrichment. It is not an actual
contract but can be enforced if Sam knew the chain store was
expecting him to deliver the 1,000 units and sell them
exclusively as verbally agreed upon several months prior. Or
Sam could be held accountable through promissory estoppel.
Promissory estoppel is a contract which is made through a
promise, even though Sam may not have believed he made a
promise to the chain store manager. The court may force
promissory estoppel and make Sam deliver as promised.
Identify the rights and obligations of both the landlord and
tenant under a standard residential lease agreement. The rights
and responsibilities of both the landlord and tenant depend upon
the termination of their contract. Such a contract may be verbal
or in writing under a standard residential lease agreement.
Both tenant and landlord rights and obligation are based on the
contract agreed by both. They both have certain rights and
responsibilities while coming up with the lease agreement. The
landlord has certain rights and makes it clear to tenants where
they are supposed to obey. In this respect, the landlord and
tenant agreement they are various facts that support Sam
violated the contract, and it was justified to evict the property.
One of the facts is whether Sam signed a contract and the terms
were expressed clearly in writing prohibiting any business being
conducted on the premises he violated the agreement. Sam may

9. not have breached the contract with the landlord since he told
Quinn his plan to work on an invention and he was wished luck.
Hence, Quinn acknowledges Sam is going to conduct business
in his premises.
Based upon those rights and obligations, does Sam’s landlord
have grounds to evict? Why or why not?
Quinn, the landlord, has the right to evict Sam since he has
failed in his part to perform the obligation of the lease. The
lease obligation was tenants’ quiet enjoyment of the premises.
The machine Sam invented played the sound of a dog barking to
scare intruder the machine is noisy and disruptive to other
tenants. Hence, they fail to enjoy quiet agreement for other
tenants who had a similar agreement as Sam.
Further, what defenses might Sam raise to an eviction action?
Support your response?
As identified above Sam told Quinn who was the landlord he
was working on an invention the machine where the landlord
acknowledged the fact and wished him good luck. Since Quinn
gave Sam the freedom to run business in his premises the
contract can be considered as “in pari delicto” meaning all the
parties that is the landlord and tenant are equally responsible
for illegal agreement. The court should not salvage the contract
in favor of either party. Hence, neither party can enforce
agreement nor should attempt to recover (Kubasek et al., 2018).
Also, there is an error by one party related to the material fact
which is vital in the context of the contract. Due to such error
courts are hesitant to interfere especially when one party
understands the material fact of the other party.
References
Kubasek, N., Browne, M., Dhooge, L., Herron, D., & Barkacs,
L. (2018). Business Law – Dynamic Business Law. McGraw hill
Education. 4th Ed.
Legal. (n.d.). Contractual Capacity. Legal Dictionary. Retrieved
from https://legaldictionary.net/contractual-capacity/

10. Steinberger, J. (2007). Is This Contract Valid? Entrepreneur.
Retrieved from https://www.entrepreneur.com/article/175238
Running head: CASE STUDY ONE 1
CASE STUDY ONE
2
Case Study One
Michelangelo Orsini
BUS 206 Business Law
Case Study One
Jurisdiction refers to the legal power to make legal decisions
and judgments. Business practices are characterized by various

11. laws that govern operations and beneficial in enhancing the
safety of individuals using the products. In the Margolin’s
lawsuit against Funny Face and Novelty Nov, the jurisdictions
that would be appropriate are the personal and subject matter
jurisdiction. Personal jurisdiction refers to the power possessed
by the court to decide for a party getting sued in a case. The
constitution of various nations, for instance, the United States
requires that before a court can exercise power over a given
party, they must have certain minimum contacts with the forum
presided over by the court. In the case, personal jurisdiction
would be appropriate because they would be no challenges
asserting this jurisdiction in a local court over a defendant that
also lives or practice business in their country. The federal and
state courts often have jurisdiction over the residents in a
nation. Subject matter jurisdiction provides the court with the
power to preside over certain forms of cases. It is also used to
determine the type of court system that may handle a particular
case. Based on Margolin’s lawsuit, the state court would be
vital because, in the contract between the parties, disputes are
brought within the state of Florida.
If all the parties agree to pursue alternative dispute resolution
(ADR), the two important ADR types they may employ in the
case are mediation and negotiation. The parties will be involved
in the mediation and negotiation with the Internet-based
organization (Menkel-Meadow, 2015). However, by using these
methods, there are certain advantages and disadvantages that
can be realized. For instance, the parties will enjoy advantages
such as fast and informal resolution to the disputes, enhanced
confidentiality and also it would be characterized by enhanced
communication between the parties and this is important in
improving the relationship between individuals, especially
during negotiation. Also, the methods allow for flexibility in
the mediation process where the solutions to the disputes can be
directed or made based on the needs and other concerns in the
question of the parties and also can be used to address legal and
non-legal issues. On the other hand, the disadvantages that

12. characterize the methods can be used as delaying strategies, and
the parties can withdraw from the negotiation or mediation
before the solution is established. Also, the processes may not
result in legal precedents.
Based on the information about ADR, the most appropriate type
for Funny Face would be a negotiation. The party should
directly get involved in the negotiation with Margolin on the
terms since this will aid in keeping the incident out of the media
and provide Funny Face with the chance to correct their practice
of adding PYR in their product that had not been approved by
the FDA.
Based on the concepts of criminal law, corporations or
corporate officers can be held liable to the criminal acts. The
individuals are considered responsible persons and they form
the highest authorities that take part in the approval of
strategies and the final products that the businesses deal in, and
thus should be made available to answer all the accusations and
the consequences of the decisions they have made.
Depended on the classification of crimes in the text, the Funny
Face has committed a crime by defying and undermining the
FDA by using the ingredients in their products that are not
approved. They used PYR in the making of their products
without first seeking approval from the FDA, and the ingredient
ends up causing harm to the individuals, and this is
unacceptable.
Assuming the utilization of the emulsifier PYR at the direction
of Chris and based on the criminal law, execution of the crime,
for instance, the use of the ingredients that have not been
approved by FDA is a punishable act. Chris was responsible for
providing the direction to the Novelty Now to use the PYR in
place of the compound in Novelty Now’s initial formula to
increase the profit.
The WPH process of ethical decision making can be used in the
evaluation of various ethical issues in the case. For instance,
· P-Purpose –the aim of enhancing profits at the expense of the
individual health

13. · H-How- the wrong use of the guidelines, that is, using the PYI
in the products that are not FDA approved and causing harm on
the customers. Also, there is the element of the golden rule.
· Who – the shareholders/stakeholders, owners who were not
responsible about the harm the ingredients could have on the
people.
References
Menkel-Meadow, C. (2015). Mediation, arbitration, and
alternative dispute resolution (ADR). International
Encyclopedia of the Social and Behavioral Sciences, Elsevier
Ltd.