solved assigment for the legal and ethical environment of business Offficial Book: Lau, T., & Johnson, L. (2014). The legal and ethical environment of business, v. 2.0. Irvington, NY: Flat World Knowledge. ISBN-13: 9781453356968 CRITICAL THINKING ASSIGNMENT 3 Important! Read First
Choose one of the following two assignments to complete this week. Do not do both assignments. Identify your assignment choice in the title of your submission.
Assignment Choice #1: Ethical issues in Employment Law
In a well-written paper, relate your professional or personal experience in the business world as an employee or employer and an ethical issue you confronted that falls within the realm of employment law. For example, you could write about your experience working long hours as a minor in violation of federal wage and hour laws.
If you have not personally or professionally confronted an issue, consider an issue that could arise within the realm of employment law and describe it. Be sure that your focus is twofold: first, on an area of employment law and second, on a potential ethical issue within that area of law.
Address the following in your paper:
Identify and clearly define the relevant law, either defining a legal doctrine, provisions of a law, or elements of a specific cause of action.
Apply facts from your situation to the applicable law, doctrine or cause of action studied.
Clearly summarize lessons learned from the week as they apply to your fact pattern and make links to the readings and/or module.
Include new thoughts or ideas based on the module information. This is your reflection/insight which logically would flow from each information point presented.
Identify any related ethical issues. Your paper should be 2-3 pages in length, not including the title or references pages. Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow Guide to Writing and APA Requirements. You may also want to view the Effective Writing and sample paper – Does Your Paper Look Like This? Please
be sure to reach out to your instructor early in the week if you have difficulty identifying an appropriate topic.
Assignment Choice #2: Employment Discrimination and the Bona Fide Occupation Qualification
In hiring a prospective employee, there are legitimate reasons for not hiring someone. For example, the prospective employee may not meet legal requirements (i.e., he or she is a minor and cannot complete the tasks of the job based on the young age) or positional requirements (i.e., he or she does not have the required experience or education for the position and the employer demonstrates this requirement as a business necessity). Neither of these examples is discrimination. However, there are protected classes that cannot be discriminated against. Title VII provides five protected classes that cannot be discriminated against. For review of the protected classes, see page IV of this week’s module. However, Title VII only applies to companies with 15 employees or more.
Further, the bona fide occupational qualification (“BFOQ”) can be argued as a reason for discrimination by the employer, even of the protected classes. Importantly, though, is that race and color (two of the five protected classes under Title VII) are not on the list of permissible BFOQs.
For this assignment, complete the following: Using the internet, research a case where an individual claimed discrimination, either in his or her hiring or firing, and the employer argued a permissible BFOQ was the reason behind the failure to hire or behind the firing.
Identify and clearly define the relevant law utilized by the court in determining the outcome of the case. This includes defining applicable legal doctrine, provisions of a law, or elements of a specific cause of action.
Apply facts from the researched situation to the applicable law, doctrine or cause of action researched.
Then, address the following:
Should Title VII apply to every company, regardless of number of employees? Should race and color be permissible bona fide occupational qualifications or should the BFOQ exceptions to employment discrimination be removed completely? In answering these questions, be sure to consider the effect on the business world and on society generally. Clearly summarize lessons learned from the week as they apply to your researched case. Identify new thoughts or ideas based on the module information and identify any related ethical issues.
Your paper should be 2-3 pages in length, not including the title or references page. Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow the to Writing and APA Requirements. You may also want to view the Effective Writing and sample paper – Does Your Paper Look Like This? Please be sure to reach out to your instructor early in the week if you have difficulty researching an appropriate case. CRITICAL THINKING ASSIGNMENT 4
Important! Read First
Choose one of the following two assignments to complete this week. Do not do both assignments. Identify your assignment choice in the title of your submission.
Option #1: Professional Contract Formation
After reading the U.S. Small Business Administration (SBA) article, "How to Create a Legally Binding Contract" and visiting the Student Career Center’s "On the Job Success - Be a Lifelong Learner" section, you will create a professional contract that contains the definite and certain elements as discussed in Chapter 6 of your textbook. Your contract will be written for your family-owned, small business. The agreement will be for employees to sign who wish to further their education while working for your company. Be creative, yet professional. The following components must be present in your contract. For each element you must demonstrate your ability to write clearly, concisely, and with advanced communication skills.
Distinguish the type of contract (e.g. bilateral, unilateral) and include the six elements of contract formation.
Develop the factors of time, tasks, goals, potential clauses, assignments, and restrictions into the contract.
Use and define legal concepts by incorporating the legal terminology from your textbook where appropriate and relevant.
Use academic or legitimate news sources, such as The New York Times, the Los Angeles Times, The Washington Post, CNN, MSNBC, Fox News, etc. Identify any ethical issues that exist in this alleged contract and result.
Your paper should be 2-3 pages in length, not including the title or references pages. Include at least two academic or legitimate sources to support your findings. Review the grading rubric, which can be accessed from the Module 4 folder, and make sure to follow the Guide to Writing and APA Requirements. Be sure to reach out to your instructor early in the week if you have difficulty creating an appropriate contract.
Option #2: Contract Law Agreements
After reading the U.S. Small Business Administration (SBA) article, "How to Create a Legally Binding Contract," and visiting and reading the Student Career Center’s “Advanced Topics for Professional Success” and under the Conflict Management section, you will create a contract.
In order to develop this contract, you will adopt the role of employee at XYZ Manufacturing. The purpose of this contract is to resolve a conflict between you and one of your coworkers regarding a parking space. The conflict has become serious and has affected production and morale in the workplace. Your manager has asked you to settle this disagreement by creating a contract, which will be signed by you and your coworker. Compose an agreement that does the following: Present a summary of your contract in the form of an email communication cover letter to your manager for approval - keeping in mind appropriate and professional email etiquette. (Visit the Career Center and review "Drafting a Cover Letter” for information regarding the development of a cover letter to be sent via email at https://portal.csuglobal.edu/student/page/view/drafting-a-cover-letter.)In your email, explain to your manager how this contract would benefit both you and your co-worker. This will represent the first page of your paper (after your title page).
Present your contract, which should include the factors of time, tasks, goals, potential clauses, assignments, and restrictions.
Use and define legal concepts by incorporating the legal terminology from your textbook where appropriate and relevant.
Use academic or legitimate news sources, such as The New York Times, the Los Angeles Times, The Washington Post, CNN, MSNBC, Fox News, etc. Your paper should be 2-3 pages in length, not including the title or references pages. Include at least two academic or legitimate sources to support your findings. Review the grading rubric, which can be accessed from the Module 4 folder, and make sure to follow the Guide to Writing and APA Requirements. Be sure to reach out to your instructor early in the week if you have difficulty creating an appropriate contract. CRITICAL THINKING ASSIGNMENT 5
Important! Read First
Choose one of the following two assignments to complete this week. Do not do both assignments. Identify your assignment choice in the title of your submission.
Assignment Choice #1: Torts
In a well-written paper, relate your professional or personal experience in the business world to the readings for the week.
Identify and clearly define the relevant law, either defining a legal doctrine, provisions of a law, or elements of a specific cause of action.
Apply facts from your situation to the applicable law, doctrine or cause of action studied.
Does the result in this suggest a need for tort reform? Why or why not? In answering this question, make an argument for or against tort reform.
Clearly summarize lessons learned from the week as they apply to your fact pattern and make links to the readings and/or module.
Include new thoughts or ideas based on the module information. This is your reflection/insight that logically would flow from each information point presented.
Make sure your experience actually relates to the material for the week.
Sometimes students have difficulty identifying a personal or professional torts case. You may also research a torts case to discuss if you do not have a personal or professional experience to discuss. Be sure to complete all bulleted points above.
In the area of torts we see many causes of action that are comprised of “elements.” Define each element and apply facts from your situation to the law or elements. For instance, if you write about a situation involving negligence, you would define negligence stating, “Negligence occurs where a person’s conduct falls below the standard of care, resulting in a breach of duty which is the direct and proximate cause of injury to another person or thing. The elements of negligence are 1) duty; 2) breach; 3) causation; and 4) damages.”
Your paper should be 2-3 pages in length, not including the title or references pages. Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow the Guide to Writing and APA Requirements. Please be sure to reach out to your instructor early in the week if you have difficulty identifying an appropriate topic.
Assignment Choice #2: Medical Malpractice and Tort Reform
Medical malpractice is one area where tort reform is argued most heavily. Some concerns are that caps on damages might result in costs that ultimately fall on the taxpayer; other concerns are the increase in medical expenses for tests ordered before diagnosis by physicians hoping to eliminate a future claim of medical malpractice.
First, research medical malpractice for an understanding of the elements of this cause of action. Then, read the following two articles and answer the questions posed Kenney, K. (2009, Aug. 9). Fixing health care reform requires tort reform. Retrieved from http://www.npr.org/blogs/money/2009/08/fixing_health_care_requires_to.html
Doroshow, J. (2009, Nov. 9). Medical malpractice tort reform-we are already suffering and don’t need more. Retrieved from http://www.huffingtonpost.com/joanne-doroshow/medical-malpractice-tort_b...
What must the plaintiff prove to prevail in a claim of medical malpractice? Clearly define this legal doctrine, including the element of this cause of action. How does medical malpractice differ from a standard negligence claim?
What defenses, if any, exist for a claim of medical malpractice? Evaluate arguments for and against tort reform in the area of medical malpractice. You are encouraged to illustrate your arguments by using real case examples, either researched or from the material provided.
Include new thoughts or ideas based on the module information. This is your reflection/insight that logically would flow from each information point presented.
As a helpful explanation, in the area of torts we see many causes of action that are comprised of “elements.” For instance, if we discuss a situation involving negligence, we would define negligence stating, “Negligence occurs when a person’s conduct falls below the standard of care, resulting in a breach of duty which is the direct and proximate cause of injury to another person or thing. The elements of negligence are 1) duty; 2) breach; 3) causation; and 4) damages.” Then, each element would be analyzed, determining whether each one was met. It is imperative that each element of a tort claim is met for the plaintiff to prevail in a suit.
Your paper should be 2-3 pages in length, not including the title or reference page. Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow the Guide to Writing and APA Requirements. Please be sure to reach out to your instructor early in the week if you have difficulty with this topic. CRITICAL THINKING ASSIGNMENT 6 Important! Read First
Choose one of the following two assignments to complete this week. Do not do both assignments. Identify your assignment choice in the title of your submission.
Assignment Choice #1: Ethics and Intellectual Property
Discuss a current ethical issue in the business world that arises out of intellectual property. Research and discuss at least one case to illustrate the ethical issue. Some questions to consider include: Why is it important to protect intellectual property?
How can intellectual property be protected?
Do intellectual protections ever go “too far”?
What is the proper balance between content producers and the public good?
Your well-written paper should be 3-4 pages in length, not including the title or references pages. Include a minimum of two scholarly sources beyond the textbook. Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow the Guide to Writing and APA Requirements. Please be sure to reach out to your instructor early in the week if you have any questions about the assignment.
Assignment Choice #2: The Fair Use Doctrine
The Fair Use doctrine is a defense to a claim of intellectual property infringement, specifically against claims of copyright infringement and, in more limited cases, trademark infringement.
Research a case where the Fair Use doctrine was raised as a defense to a claim of intellectual property infringement. Then, write a 3-4 page paper in which you: Explain the facts of the case and the legal reasoning relied upon to reach the result in the case.
Define the Fair Use Doctrine and discuss whether it was successfully raised. (If it was successfully raised, this means the defendant won). Do you agree with the result in the case?
Do you agree with the defense of Fair Use? In answering this question, please address:
Why is it important to protect intellectual property?
Why is it important for society to have access to intellectual property?
Does the Fair Use Doctrine properly balance the rights of content producers against the public good? Your well-written paper should be 3-4 pages in length, not including the title or references pages. Include a minimum of two scholarly sources beyond the textbook. Review the grading rubric, which can be accessed from the Course Information page, and make sure to follow the Guide to Writing and APA Requirements. Please be sure to reach out to your instructor early in the week if you have any questions about the assignment. Portfolio Project (350 Points) Important! Read First
You have a choice between two Portfolio Projects. Do not do both projects. Identify your Portfolio Project choice in the title of your document. When you are ready to submit, click the Module 8 Portfolio Project assignment header on the Assignments page to upload your Portfolio Project. The milestone in Week 5 applies to both assignments.
Portfolio Project Assignment Choice #1: Policy Analysis
The Portfolio Project requires you to write a memorandum to a decision maker, such as the President of the United States, a member of Congress, a chairperson of the SEC, or a state governor, on how to reform corporate ethics in American business today. As we have seen, legislation such as Sarbanes-Oxley has received considerable media attention but has not prevented significant catastrophes such as the global economic meltdown of 2008. You should be prepared to propose policies that might help to ameliorate or to prevent corporate ethics lapses that might occur in the future. You have the freedom to select any policy avenues that you think might help to strengthen and fortify corporate ethics. Your memo should cover the following:
Set forth why your chosen policy pathway is important
Compare and contrast with the policy it replaces
Articulate your ideas on how to remedy the issue of corporate malfeasance
Proffer some recommendations to the decision-maker about how to improve overall corporate governance.
Please note that your prescription for change is not nearly as important as your ability to forecast potential challenges to the corporate boardroom and to predict possible ways the government could intervene to assist not only solid corporate governance but also the interests of individual shareholders. It is recommended that you suggest at least two methods and/or policy proposals that critically address the public policy concern. Bring in facts and other data to support the policy issue addressed and make sure each fact is cited to relevant authority. Demonstrate critical thinking by analyzing, evaluating, and interpreting appropriate policy to provide original perspectives to enhance corporate legal and ethical environs.
You are expected to convey complex ideas in a clear, concise, and organized fashion, using the required and recommended readings from the course for analytical support. Although you are encouraged to cite from your textbook, you are required to cite a minimum of four scholarly sources (beyond the textbook) to support your statements. The CSU-Global Library is a good place to find these sources.
Your well-written paper should be 8-10 pages in length, not including the title or references pages. Review the Portfolio grading rubric, which can be accessed from the Course Information page, and make sure to follow the Guide to Writing and APA Requirements. Please be sure to reach out to your instructor at any point in the course if you have any questions about the assignment.
Portfolio Project Assignment Choice #2: Employee Use of Internet At Work: Policy Proposals
Your consulting services have been requested by the CEO of a Fortune 500 company. The CEO is concerned about the use of the internet at work and employs your consulting services to discuss her concerns. Primarily, she is concerned that employees might be abusing the internet and is wondering what repercussions the company might face in a
variety of legal areas, specifically with respect to the legal environment of business, ethics, and human resources issues. She is also concerned with preventing abuse of the internet at all levels, from low-level employees to the Board of Directors.
She requests a memo from you regarding:
Possible torts that could be committed by employees who use the internet at work
Possible crimes that could be committed by employees who use the internet at work (and indicate whether the crimes are white collar or blue collar)
Liability of the corporation versus liability of the individual employee through commission of torts or crimes using the internet at work
Whether violations of the duty of care or duty of loyalty could exist through use of social media sites at work
Employee privacy rights or concerns that exist regarding use of the internet at work
Employment laws that protect the employee or the employer with respect to use of the internet at work.
Identify two policies that this CEO could put in place to curb the potential for abuse of the internet at work, with one policy that addresses low-level employees and one policy that is targeted for the board of directors. Keep in mind the business judgment rule with respect to the latter policy and discuss whether it might ever be invoked to enforce or ignore such a policy. Articulate your ideas on how to remedy the issue of corporate malfeasance that occurs through abuse of the internet at work. Proffer some clear recommendations to the CEO about how to improve overall corporate governance by reducing the potential for abuse of the internet at work.
You must also clearly address ethical issues that arise regarding your policies; note that ethical issues might exist on behalf of the employee if your policies are not utilized, but ethical issues might exist on behalf of the employer if the polices are implemented.
the CEO intends to pass along this memo to other employees in the company who might not have a strong understanding of these concepts. Thus, you are also requested to clearly
explain and define the legal concepts you raise. She also is concerned about offending employees with policy suggestions and requests you keep this in mind with your suggested policies.
This issue exists in many companies and corporations, so you are encouraged to research outside sources for data supporting policies to reduce abuse of the internet at work. Demonstrate critical thinking by analyzing, evaluating, and interpreting appropriate policies to provide an original perspective to enhance corporate legal and ethical environs as they relate to use of the internet at work.
You are expected to convey complex ideas in a clear, concise and organized fashion, using the required and recommended readings from the course for analytical support. Although you are encouraged to cite from your textbook, you are required to cite a minimum of four scholarly sources (beyond the textbook) to support your statements. The CSU-Global Library is a good place to find these sources.
Your well-written paper should be 8-10 pages in length, not including the title or references pages. Review the Portfolio grading rubric, which can be accessed from the Course Information page, and make sure to follow the Guide to Writing and APA Requirements. Please be sure to reach out to your instructor at any point in the course if you have questions about the assignment. dear student if you want this solved assignment the please kindly email me for request of solved assignment on my email id solve zone@gmail.com after received your email with your qustion atteched then we can reply you price of solve this assignment