Course materials

1. Capella University Smith versus Van Gorkom Court Case Analysis
Question Description4-3021Write a 2–page executive briefing of a selected federal or state
court case pertaining to the topic of business entities.By successfully completing this
assessment, you will demonstrate your proficiency in the following course competencies
and assessment criteria:Competency 1: Articulate the importance, context, purpose, and
relevance of law in a business environment.Summarize the facts and ruling of a legal
case.Competency 4: Evaluate legal options for creating a business entity.Analyze how a legal
case could impact businesses.Explain how a legal case could impact a specific
organization.Competency 5: Develop information literacy skills as applied to business
law.Exhibit information literacy skills as applied to business law.Most organizations identify
themselves as a specific type of business entity, such as a corporation or a partnership, for
legal purposes. The types of legal entities that are available are dictated by public
policy.Read the Assessment 4 Context document for important information related to the
following topics:Why the Form of Business Entity Is Important.The Notion of Limited
Liability.Corporations and Piercing the Corporate Veil.Agency – What It Is and What It Is
Not.To deepen your understanding, you are encouraged to consider the questions below
and discuss them with a fellow learner, a work associate, an interested friend, or a member
of the business community.What are the advantages and disadvantages of forming a limited
liability company?Should a member of a limited liability company be liable for obligations
that arise after the member has left the company?How can a corporation be properly
punished if it commits a tort or a crime?Are the steps required to incorporate an
organization too easy or too difficult?Should shareholders be held personally liable for the
wrongdoing of the corporations in which they hold shares?Under what circumstances
should members of the board of directors be held personally liable for the wrongdoing of
the corporations they govern?Is it ever a good idea to do business without creating some
form of a limited liability business organization?What are the factors to consider when
deciding whether to buy into a franchise such as McDonalds?What are the differences
between a partnership and a limited liability business organization? How might different
corporate entities impact entrepreneurial interests in relation to the global economy?Are
the protections afforded corporate officers warranted in today’s business landscape? Given
the litigation landscape of the modern United States, how could the protections that the
courts provide to companies and partnerships be improved?Are there elements of the
different business entities that should be strengthened, weakened, or eliminated
altogether?Suggested ResourcesThe following optional resources are provided to support

2. you in completing the assessment or to provide a helpful context. For additional resources,
refer to the Research Resources and Supplemental Resources in the left navigation menu of
your courseroom.Capella ResourcesClick the links provided to view the following
resources:Assessment 4 Context.Capella MultimediaThroughout this course, you will be
required to submit case law analysis papers. This multimedia presentation points out key
areas of a case law. Use this presentation to help you complete your case analyses. Refer to
this media as often as you need to.Business Law Foundational Concepts | Transcript.This
media piece offers interactive flashcards that you can use to learn (or review) foundational
terms and concepts in business law. Refer to this study aid often and as needed.Library
ResourcesThe following e-books or articles from the Capella University Library are linked
directly in this course:DuBoff, L. D. (2004). The law (in plain English) for small business.
Naperville, IL: Sphinx Publishing.Course Library GuideA Capella University library guide has
been created specifically for your use in this course. You are encouraged to refer to the
resources in the BUS-FP3021– Fundamentals of Business Law Library Guide to help direct
your research. Pay particular attention to the Capella University Library Legal Research
Library Guide linked within.Internet ResourcesAccess the following resources by clicking
the links provided. Please note that URLs change frequently. Permissions for the following
links have been either granted or deemed appropriate for educational use at the time of
course publication.Nolo. (2013). Nolo law for all. Retrieved from http://www.nolo.comThis
resource provides helpful background on a range of legal issues. You may find the Free
Legal Information section of the site particularly helpful.Your assessments throughout this
course will be case law analysis papers based on real-world court decisions you will choose
and research independently. The following suggested resources provide helpful methods of
locating relevant cases:FindLaw. (2013). US Supreme Court opinions. Retrieved from
www.findlaw.com/casecode/supreme.htmlCornell University Law School – Legal
Information Institute (LII). (n.d.). Supreme Court: Most recent decisions. Retrieved from
www.law.cornell.edu/supctNolo. (2011). US Supreme Court center. Retrieved from
http://supreme.nolo.comOyez, Inc. (2011). U.S. Supreme Court media – Cases. Retrieved
from http://www.oyez.org/casesBookstore ResourcesThe resources listed below are
relevant to the topics and assessments in this course and are not required. Unless noted
otherwise, these materials are available for purchase from the Capella University Bookstore.
When searching the bookstore, be sure to look for the Course ID with the specific –FP
(FlexPath) course designation.Miller, R. L., & Cross, F. B. (2018). The legal environment of
business: Text and cases (10th ed.). Boston, MA: Cengage.Assessment InstructionsFor this
assessment, you will first select an actual business-related legal case, pertaining to the topic
of business entities, based on briefly conducting associated research. Based on that, you will
then select an organization that you believe would be impacted by that legal case. Having
completed both of these tasks, you should assume you’re a senior manager in the
organization you selected, and that you were asked to perform an analysis of the legal case
and to write an executive briefing for the executive team of that same organization. Your
executive briefing should include a summary of the case, as well as an evaluation of how the
case impacts the organization.The purpose of this format is two-fold:To give you the
opportunity to research and investigate a real court decision.To challenge you to think

3. about the business implications of the case, and specifically how the case will impact an
actual organization.In your case law analysis you must be able to navigate the court’s
decision, and summarize and evaluate it. You may choose any business-related court case,
either state or federal, as the basis for your case law executive briefing, as long as the case is
applicable to the assessment topic. You are expected to conduct your own independent
research to locate and evaluate the applicability of cases. A few appropriate case law
websites are recommended for you in the Resources, but you are not limited to using cases
from these sites.For this assessment, use credible legal research databases and online
resources, research federal and state court cases, and select any business-related case that
has been decided by a state court, a federal court, or the United States Supreme Court. Then
select an organization (potentially the organization for which you work) that you believe
the selected case might impact. Write an executive briefing that addresses the
following:Research federal and state court cases pertaining to the topic of business entities.
Select one court case and write an analysis that addresses the following:Articulate the
context and relevance of law in a business environment:Identify the parties who are before
the court.Provide a brief background and context associated with the case. Summarize the
facts in no more than 2–3 paragraphs.Identify the specific disagreement between the
parties.Explain the ruling of the court and its business relevance in no more than 1–2
paragraphs. Was there a dissenting opinion? If so, explain why some of the judges or
justices disagreed with the majority in the decision.Evaluate the business impact of the
case:Summarize your analysis of how the case will impact businesses in general, including
both positive and negative impacts.Indicate the organization you selected as potentially
impacted by the case and why you selected that organization.Explain how the case will
impact the specific organization you selected, such that the executive team will understand
the implications of the legal decision.Based on your executive audience, your executive
briefing should be no more than two pages, and should be well organized and written in
clear, succinct language. Follow APA rules for attributing sources that support your analysis
and conclusions.Academic Integrity and APA FormattingAs a reminder related to using APA
rules to ensure academic honesty:When using a direct quote (using exact or nearly exact
wording), you must enclose the quoted wording in quotation marks, immediately followed
by an in-text citation. The source must then be listed in your references page.When
paraphrasing (using your own words to describe a non-original idea), the paraphrased idea
must be immediately followed by an in-text citation and the source must be listed in your
references page.Case Law Analysis: Business Entities Scoring GuideCRITERIA NON-
PERFORMANCE BASIC PROFICIENT DISTINGUISHEDExhibit information literacy
skills as applied to business law. Does not exhibit any information literacy skills as
applied to business law. Exhibits inconsistent information literacy skills as applied to
business law, or uses sources of questionable credibility. Exhibits information literacy
skills as applied to business law. Exhibits information literacy skills as applied to
business law, and supports statements with legal research from credible legal research
databases and online resources.Summarize the facts and ruling of a legal case. Does
not summarize the facts and ruling of a legal case. Lists facts of the ruling, but omits key
elements or does not summarize the ruling. Summarizes the facts and ruling of a legal

4. case. Summarizes the facts and ruling of a legal case, and clearly explains the business
context and relevance.Analyze how a legal case could impact businesses. Does not
analyze how a legal case could impact businesses. Discusses a legal case in the context of
business, but does not explain the relationship or significance to businesses. Analyzes how
a legal case could impact businesses. Analyzes how a legal case could impact businesses,
including both positive and negative impacts.Explain how a legal case could impact a
specific organization. Does not explain how a legal case could impact a specific
organization. Discusses a legal case in the context of a specific organization, but does not
explain the relationship or significance to a specific organization. Explains how a legal
case could impact a specific organization. Explains how a legal case could impact a
specific organization such that an executive team will understand the implications of the
legal decision.5-3021Write a 3–page executive briefing of potential factors and issues
associated with four types of business entities in the context of contract law.One of the most
common ways in which business managers are involved with business law is in relation to
contracts. Organizations of almost any size will most likely need to create, negotiate, review,
approve, adhere to, and resolve conflicts associated with contracts. A business determines
its legal standing by determining what type of legal entity it should be identified as. The
type of legal entity can significantly impact how contracts are handled, as well as how they
are interpreted by the courts.By successfully completing this assessment, you will
demonstrate your proficiency in the following course competencies and assessment
criteria:Competency 2: Evaluate the role of contracts in commercial transactions.Analyze
contract creation and negotiation for the most common types of business entities.Analyze
contract approval for the most common types of business entities.Competency 4: Evaluate
legal options to create a business entity.Analyze contract liability for the most common
types of business entities.Analyze how choosing among the most common types of business
entities affects the ability to sell a business.Suggested ResourcesThe following optional
resources are provided to support you in completing the assessment or to provide a helpful
context. For additional resources, refer to the Research Resources and Supplemental
Resources in the left navigation menu of your courseroom.Analyzing a Case Law |
Transcript.Throughout this course, you will be required to submit case law analysis papers.
This multimedia presentation points out key areas of a case law. Use this presentation to
help you complete your case analyses. Refer to this media as often as you need to.Business
Law Foundational Concepts | Transcript.This media piece offers interactive flashcards that
you can use to learn (or review) foundational terms and concepts in business law. Refer to
this study aid often and as needed.Library ResourcesThe following e-books or articles from
the Capella University Library are linked directly in this course:DuBoff, L. D. (2004). The law
(in plain English) for small business. Naperville, IL: Sphinx Publishing.Course Library
GuideA Capella University library guide has been created specifically for your use in this
course. You are encouraged to refer to the resources in the BUS-FP3021– Fundamentals of
Business Law Library Guide to help direct your research. Pay particular attention to the
Capella University Library Legal Research Library Guide linked within.Internet
ResourcesAccess the following resources by clicking the links provided. Please note that
URLs change frequently. Permissions for the following links have been either granted or

5. deemed appropriate for educational use at the time of course publication.Nolo. (2013). Nolo
law for all. Retrieved from http://www.nolo.comThis resource provides helpful background
on a range of legal issues. You may find the Free Legal Information section of the site
particularly helpful.Bookstore ResourcesThe resources listed below are relevant to the
topics and assessments in this course and are not required. Unless noted otherwise, these
materials are available for purchase from the Capella University Bookstore. When searching
the bookstore, be sure to look for the Course ID with the specific –FP (FlexPath) course
designation.Miller, R. L., & Cross, F. B. (2018). The legal environment of business: Text and
cases (10th ed.). Boston, MA: Cengage.Assessment InstructionsFor this assessment,
consider that you work as a manager in a relatively small, privately-owned business. The
company president (who is also the owner) inherited the company from his father, and thus
has never started a business. He is considering creating a spin-off business (possibly with
one or two associates), but is unsure of which type of business entity would be best to use
for that new business. The new business will be utilizing numerous suppliers and
distributors, and thus contracts will play a major role in the success of the business. The
president knows you took a university-level business law class, and asked you to put
together a paper analyzing the four most common business entities in the context of
contracts to help him decide what to do.Research each of the following types of business
entities:Sole proprietorship.Partnership.Corporation.Limited liability company
(LLC).Consider potential factors and issues associated with each of these types of business
entities in the context of contract law. Write a paper analyzing the following for each of the
above four types of business entities:Who in the business entity would typically create and
negotiate a contract? Explain the pros and cons of each entity in this context.Who in the
business entity would typically approve and sign a contract? Explain the pros and cons of
each entity in this context.Who in the business entity would have liability associated with
the contract? Explain the pros and cons of each entity in this context.What are the effects of
the type of business entity on the ability to contract for the sale of the business? Explain the
pros and cons of each entity in this context.Based on your executive audience, your
executive briefing should be no more than three pages, and should be well organized and
written in clear, succinct language. Follow APA rules for attributing sources that support
your analysis and conclusions.Academic Integrity and APA FormattingAs a reminder related
to using APA rules to ensure academic honesty:When using a direct quote (using exact or
nearly exact wording), you must enclose the quoted wording in quotation marks,
immediately followed by an in-text citation. The source must then be listed in your
references page.When paraphrasing (using your own words to describe a non-original
idea), the paraphrased idea must be immediately followed by an in-text citation and the
source must be listed in your references page.Business Entity Implications for Contracts
Scoring GuideCRITERIA NON-PERFORMANCE BASIC PROFICIENT
DISTINGUISHEDAnalyze contract creation and negotiation for the most common
types of business entities. Does not describe contract creation and negotiation in the
context of business entities. Describes contract creation and negotiation in the context of
business entities, but their significance is unclear. Analyzes contract creation and
negotiation for the most common types of business entities. Analyzes contract creation

6. and negotiation for the most common types of business entities and explains the pros and
cons of each entity in this context.Analyze contract approval for the most common types of
business entities. Does not describe contract approval in the context of business
entities. Describes contract approval in the context of business entities, but its
significance is unclear. Analyzes contract approval for the most common types of business
entities. Analyzes contract approval for the most common types of business entities
and explains the pros and cons of each entity in this context.Analyze contract liability for the
most common types of business entities. Does not describe contract liability in the
context of business entities. Describes contract liability in the context of business entities,
but its significance is unclear. Analyzes contract liability for the most common types of
business entities. Analyzes contract liability for the most common types of business
entities and explains the pros and cons of each entity in this context.Analyze how choosing
among the most common types of business entities affects the ability to sell a business.
Does not describe how choosing among the most common types of business entities
affects the ability to sell a business. Describes how choosing among the most common
types of business entities affects the ability to sell a business, but their relationship or
significance is unclear. Analyzes how choosing among the most common types of business
entities affects the ability to sell a business. Analyzes how choosing among the most
common types of business entities affects the ability to sell a business, and explains the pros
and cons of each entity in this context.6-3021Write a 2–page executive briefing of a selected
federal or state court case pertaining to the topic of tort law.By successfully completing this
assessment, you will demonstrate your proficiency in the following course competencies
and assessment criteria:Competency 1: Articulate the importance, context, purpose, and
relevance of law in a business environment.Summarize the facts and ruling of a legal
case.Competency 3: Evaluate key judicial concepts that influence the decisions related to
business.Analyze how a legal case could impact businesses.Explain how a legal case could
impact a specific organization.Competency 5: Develop information literacy skills as applied
to business law.Exhibit information literacy skills as applied to business law.The Basis of
Tort LawOne of the most important concepts of the law is the notion that if one party
damages another in a noncriminal context, then the aggrieved party is entitled to
restitution, to be made whole. In a business law context, making another party whole (note:
this is a fairly common term that you will hear again and again in a legal context) is the
entire purpose of tort law. In other words, a judge or jury will attempt to determine exactly
what needs to be done when an aggrieved party can demonstrate damages, and what those
damages should be, in order to return a party to its state prior to the alleged action.Virtually
all commercial enterprises deal with the public at some point, providing products, services,
or any sort of commercially relevant activities. The risk of inflicting even unintentional
damages on consumers thus exposes commercial concerns to lawsuits and
litigation.Criminal penalties cannot be attached to business entities. If a crime is committed,
the government charges specific individuals within the corporation who may be
responsible, not the business entity. Yet, society recognizes that businesses, out of
negligence, ignorance, or malfeasance, may cause injury to another party. Tort law imposes
standards by which such injured parties can seek recompense from the corporation in civil

7. court. Whereas an entire corporate entity cannot be tried in a criminal court, it can be a
defendant in a civil court.Read the Assessment 6 Context document for important
information related to the following topics:Strict Liability and Product Liability.Consumer
Protection.The Public Policy Nexus.Questions to ConsiderTo deepen your understanding,
you are encouraged to consider the questions below and discuss them with a fellow learner,
a work associate, an interested friend, or a member of the business community.Should the
owner of a car be liable to a thief for the thief’s injuries, if the stolen car has no brakes?Does
someone watching a person being robbed have a duty to help the person being
robbed?Should a person who has been careless be liable for all damage caused by his or her
carelessness, or should there be limits?Should courts always punish companies that have
been careless by awarding large amounts of money to those who have been injured?Are
there situations where companies should be liable to those who have been injured, even if
the company has not been careless?Tort law permeates society and daily life. Think of a tort
issue in your life or in the life of someone close to you. Perhaps you did not pursue
litigation, but considering your knowledge of tort law, do you think you should have?
Perhaps you pursued litigation and lost. Is it clear why you lost? Specifically, identify the
elements of the tort cause of action and apply facts to each element. If the case is not clear
cut, it will probably be because an element of a cause of action is not clearly met. If an
element of a cause of action is clearly not met, there is not a legitimate cause of
action.Suggested ResourcesThe following optional resources are provided to support you in
completing the assessment or to provide a helpful context. For additional resources, refer to
the Research Resources and Supplemental Resources in the left navigation menu of your
courseroom.Throughout this course, you will be required to submit case law analysis
papers. This multimedia presentation points out key areas of a case law. Use this
presentation to help you complete your case analyses. Refer to this media as often as you
need to.Business Law Foundational Concepts | Transcript.This media piece offers
interactive flashcards that you can use to learn (or review) foundational terms and concepts
in business law. Refer to this study aid often and as needed.Library ResourcesThe following
e-books or articles from the Capella University Library are linked directly in this
course:DuBoff, L. D. (2004). The law (in plain English) for small business. Naperville, IL:
Sphinx Publishing.Course Library GuideA Capella University library guide has been created
specifically for your use in this course. You are encouraged to refer to the resources in the
BUS-FP3021– Fundamentals of Business Law Library Guide to help direct your research.
Pay particular attention to the Capella University Library Legal Research Library Guide
linked within.Internet ResourcesAccess the following resources by clicking the links
provided. Please note that URLs change frequently. Permissions for the following links have
been either granted or deemed appropriate for educational use at the time of course
publication.Nolo. (2013). Nolo law for all. Retrieved from http://www.nolo.comThis
resource provides helpful background on a range of legal issues. You may find the Free
Legal Information section of the site particularly helpful.U.S. Small Business Administration.
(n.d.). SBA.gov. Retrieved from http://www.sba.govThe U.S. Small Business Administration
has a variety of resources that help to guide entrepreneurs in how to form the correct entity
as they launch or formalize their business endeavors.Dow Jones & Company, Inc. (2013).

8. The Wall Street Journal. Retrieved from http://online.wsj.com/home-pageThe Wall Street
Journal stands as one of the best resources for tax issue reporting.Bookstore ResourcesThe
resources listed below are relevant to the topics and assessments in this course and are not
required. Unless noted otherwise, these materials are available for purchase from the
Capella University Bookstore. When searching the bookstore, be sure to look for the Course
ID with the specific –FP (FlexPath) course designation.Miller, R. L., & Cross, F. B. (2018). The
legal environment of business: Text and cases (10th ed.). Boston, MA: CengageAssessment
InstructionsFor this assessment, you will first select an actual business-related legal case,
pertaining to the topic of tort law, based on briefly conducting associated research. Based
on that, you will then select an organization that you believe would be impacted by that
legal case. Having completed both of these tasks, you should assume you’re a senior
manager in the organization you selected, and that you were asked to perform an analysis of
the legal case and to write an executive briefing for the executive team of that same
organization. Your executive briefing should include a summary of the case, as well as an
evaluation of how the case impacts the organization.The purpose of this format is two-
fold:To give you the opportunity to research and investigate a real court decision.To
challenge you to think about the business implications of the case, and specifically how the
case will impact an actual organization.In your case law analysis you must be able to
navigate the court’s decision, and summarize and evaluate it. You may choose any business-
related court case, either state or federal, as the basis for your case law executive briefing,
as long as the case is applicable to the assessment topic. You are expected to conduct your
own independent research to locate and evaluate the applicability of cases. A few
appropriate case law websites are recommended for you in the Resources, but you are not
limited to using cases from these sites.For this assessment, use credible legal research
databases and online resources, research federal and state court cases, and select any
business-related case that has been decided by a state court, a federal court, or the United
States Supreme Court. Then select an organization (potentially the organization for which
you work) that you believe the selected case might impact. Write an executive briefing that
addresses the following:Research federal and state court cases pertaining to the topic of tort
law. Select one court case and write an analysis that addresses the following:Articulate the
context and relevance of law in a business environment:Identify the parties who are before
the court.Provide a brief background and context associated with the case. Summarize the
facts in no more than 2–3 paragraphs.Identify the specific disagreement between the
parties.Explain the ruling of the court and its business relevance in no more than 1–2
paragraphs. Was there a dissenting opinion? If so, explain why some of the judges or
justices disagreed with the majority in the decision.Evaluate the business impact of the
case:Summarize your analysis of how the case will impact businesses in general, including
both positive and negative impacts.Indicate the organization you selected as potentially
impacted by the case and why you selected that organization.Explain how the case will
impact the specific organization you selected, such that the executive team will understand
the implications of the legal decision.Based on your executive audience, your executive
briefing should be no more than two pages, and should be well organized and written in
clear, succinct language. Follow APA rules for attributingPlace your order now for a similar

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