Running head: DISCUSSIONS QUESTIONS WEEK ONE Discussion Questions Week One LAW/531 Discussion Questions Week One As we begin our study of law in the business environment, let us think about how the business managers and the lawyers work together to assure that the organization benefits from the law. For this DQ, (1) select a business activity or issue that has not already been selected by other students and (2) select a business or industry with which you are familiar.
For that business activity in that industry or company, discuss how business managers apply the law that is relevant, and under what circumstances lawyers should become involved. For example, if you are manager of a fast food restaurant, one of the things you will be concerned about is that the business not doing anything that would harm customers. What types of injuries can occur to customers in a fast food restaurant that could create a legal liability for the organization? What role does the manager play in preventing or minimizing the injuries, and when would it be appropriate to call in an attorney?
You can also select other activities such as employment and discrimination, entering into business contracts, government regulations, paying taxes, and buying and selling goods and services for the business. The businesses you could select might include fast food restaurants, colleges, car repair businesses, apartment complexes, insurance companies, cell phone providers, or any number of other good businesses. In your comments, be sure to identify the type of business, and the issue that you are discussing. It would be like “Cell phone providers – customer contracts”.
Be sure to support your discussion with relevant references from the text or other sources. Publishing – Piracy My mom operates a publishing organization in the Philippines. She has her own written textbooks printed at a printing press utilizing an outside provider. Approximately 3 months back, they supplied a lot of boxes of books to her organization. On examining the ISBN numbers, she found out that the printing press had been printing her textbooks utilizing bogus ISBN number to sell them at less expensive rates to ‘underground’ customers. They had erroneously supplied her copies of her own unlawfully copied books.
Because of the horrible justice system in the Philippines, even after discussion with her attorney, my mom didn’t prosecute. In case I were a manager, I could have avoided this by utilizing better supervision as well as scrutiny in the printing of the books with repeated visits to the facility, as well as creating a closer connection with the printing press managers as well as staff. I would have made certain that there were conditions in the commercial agreement between the printing press as well as the publishing organization of my mother outlining the legal methods in case there were difficulties such as this.
I would have had our lawyers meet with us to talk about the conditions of the business contract as well as check out anticipations and implications, point by point. I would have also dealt with the problem in a different way compared to my mom did. I would have phoned a lawyer who specialized in intellectual property regulation as well as talked about my lawful alternatives. In case this took place in the United States, this would be treated like a civil case in which her copyright rights as the writer were broken under intellectual property law in attempting to sell her books without her approval.
Because my mom is the writer as well as exclusive publisher of the textbooks, the printing press would be breaking copyright protection regulations, “A property right that affords the owner an exclusive right to reproduce and distribute copies of the copyrighted work, prepare derivative works, and to perform and display the copyrighted work publicly (17 U. S. C. § 106). ” (Tepper ; White,, 2008). I would wish to include some more ideas regarding piracy in the Philippines in general.
Regrettably, when we prosecute in the Philippines, they put their security at risk, and that’s why individuals such as my mom avoid taking legal measures. There’s simply no telling what the other party will do in retaliation, and police security is a little bit of a joke. This is a country which doesn’t have an emergency number such as 911 to dial in case you are in danger as well as require instant help. Piracy has grown to be so widespread over there that it’s nearly just like the mafia – a syndicate so large that it’s left unchallenged and makes normal folk shakes in their boots at the thought of a legal battle.
During 2001, Philippine President Gloria Macapagal-Arroyo issued a strong warning to attempt to stop property pirates that, “We will go after the pirates; we will hunt and destroy them. ” In case I were a manager coping with this situation in the Philippines, in spite of this foreboding declaration, I would be suspicious regarding how much defense I would actually receive from the regulation, which would possibly drag out of years as well as place the security of myself and my loved ones security at risk.
Identify a business or personal dispute with which you are familiar. It might be a car accident, or a lease dispute, a phone contract or a divorce. Provide some brief explanation of what happened, then discuss what legal issues were presented, and how they were resolved. Identify the stakeholders in the dispute, and what alternatives were available as possible outcomes. Was the outcome the best possible? Why or why not? Support your discussion with material from the text or other sources, where appropriate.
Marital Annulment I lodged for getting a marriage annulment during 2006 without using an attorney. I possibly could more easily have lodged for a divorce case, however I felt I had enough reasons for an annulment, and in spite of people informing me that I may likely not be allowed an annulment, since they are so difficult to obtain, I decided to go ahead and lodged anyhow simply because I felt so strongly regarding my case, as well as I really wished to start over with a clean slate.
I believed in case it wasn’t awarded, I could apply for divorce case as the next best achievable result. I got wedded during 2004 and when we were standing at the alter just moments after getting married, that the clergyman was wrapping up the service, my new husband (who I believed I knew so nicely after dating him for 3 years), leaned over to me as well as whispered that he could no more keep a hidden secret from me and he just had to inform me just before we walked down from the alter.
He informed me he wedded me since his family was putting pressure on him to obtain a green card, as well as he knew I could assist him, as a US citizen. It was a big surprise for me personally, as well as extremely devastating that he had led me on. Since I felt so betrayed, the wedding was never consummated as well as I went through acute depressive disorders for a lot of months. Finally, I couldn’t stand it anymore, and I began to take a look at my legal rights so that I could get out of the relationship which I didn’t see as a real matrimony.
I had gone online to my regional court web site and found out that I could apply for “Nullity of marriage or domestic partnership, and determination of the rights of putative spouses pursuant to Chapter 3 of Part 2 of Division 6 of the Family Code. ” I lodged for it since it states that the relationship was incorrect from the beginning and for that reason had never actually happened. (Masci, 2008). I fulfilled two of the conditions required: ? The wedding was entered into fraudulently – my husband had lied to me regarding the actual purpose he was having a wedding (to obtain a green card) ?
Violation of the family code – I had went into the wedding considering I would have a household and children, nevertheless the wedding wasn’t consummated because of the fraud committed above, this broke the part of the family rule which says that a person enters a into a legal contract of wedding for the aim of having a household and kids together. On legal court case date, I was extremely worried in presenting my case because I had no representation. Fortunately, my court case was unchallenged and I needed to speak in my own words as to the reasons I thought it qualified for nullity.
I described my court case, and it just took a minute or two for the sympathetic judge to be grant it in my support. It was far more easy compared to I had expected and it was a great relief off my shoulders. I was capable to pick up the pieces where I left off ahead of the wedding which no more existed, and begin anew – the most beneficial result. What is one way the U. S. legal system impacts U. S. businesses? How do specific aspects of the U. S. legal system contribute to furthering commerce? What would happen if that characteristic were not present in the legal system?
Avoid discussing topics already considered by other students. One method in which the U. S. legal system influences U. S. companies is that it works as the “great compromiser” when there are two different opinions regarding a problem. The U. S. legal system will step in and offer a solution. It doesn’t always fully please both sides; however it is established to be honest in the manner that it mediates human relationships and conflicts. For instance, the U. S. Supreme Court will step in to interpret laws pertaining to differences in unions and strikes. The U. S. egal system can contribute to furthering business. For instance, if two American companies get into a headlock regarding a problem, it can slow down the growth of the manufacture of goods and services. They can turn to the U. S. legal courts to resolve the dispute in order that the flow of business can carry on. A fine illustration of this is regarding Sony Corporation of America v. Universal City Studios, Inc. 464 U. S. 417 (1984). Sony’s Betamax has “time-shifting” characteristics that enable the proprietor to record off one channel while viewing another, or set the time for it to record a particular show.
Universal City Studios thought this was unjust and that they must be getting some kind of royalties from the benefits of the Betamax recording their shows. The U. S. Supreme Court decided in support of Sony because of the fact the recordings were being carried out in the secrecy of people’s houses, and they observed Betamax meant this to be for private use. Following the decision was made; Sony was able to carry on manufacture of the Betamax, which resulted in larger and greater items like the DVR recorder and DVD players and recorders.
Currently, there are alerts at the start of movies that penalties and jail can happen from illegal recordings. Men and women are still permitted to record for private use, but not for general public viewing. In case the U. S. court hadn’t decided and only Sony, perhaps if they found Sony to be accountable for creating the Betamax for mass distribution of tapes, in that case perhaps we would not be enjoying the benefits of DVD recorders and other more such technically sophisticated commercial items these days. Reflect on the traditional litigation system (such as suit, answer, discovery, trial, or jury).
What are the risks that businesses and other organizations encounter when dealing with traditional litigation, and what measures can business managers take to reduce exposure to those risks? Conventional litigation involves the usage of court systems to resolve disputes. The complainant states the court case, and a summons is served to the offender who after that replies to the suit with an answer. In the discovery procedure, proof is given ahead of time for the court case. Testimony is presented in the deposition. The jury sits through the trial and hears the opening claims, the plaintiff’s case, and after that the defendant’s case.
The court will make a conclusion depending on all the proof and testimony’s provided at the trial and then decides the final decision. Organizations and also other firms frequently experience risks when coping with conventional litigation. A few of these risks are: 1. Cases pursued in the conventional way are heard in legal courts which have journalists. The cases are recorded and frequently published. Companies may not follow cases they do know they can win since they may get bad press and their impression may be destroyed. 2.
A jury may be influenced by the sentimental appeal of a case. Juries have a tendency to side with the underdog that is not normally the organization or company but the “little guy. ” 3. Conventional litigation may get very expensive and will always require a very long time because of a backlog of cases when compared to alternative dispute resolutions which can be much faster and less costly. 4. Courts might exercise their long arm statutes which could mean the company will be needed to follow the case in distant courts where they risk having biased juries. . Because conventional litigation normally needs a jury, there is invariably the risk that participants of the jury-and even the judge-may not have the skill or mental capability to understand the principles or technical problems of the case. Jennings provides a good instance of the 1978 IBM antitrust case after 5 long months of hearing testimony of IBM’s supposed monopoly of the market, court members didn’t know the meaning of “software,” “interface,” and “barriers of entry,” that eventually resulted in a mistrial.
Business managers can decrease exposure to the above mentioned risks by having a few of these measures: 1. In case an organization has taken the danger of conventional litigation and their organization image has been ruined, manager’s can run affirmative promotions to restore public confidence (the sole downside of this is that promotions to restore public confidence can be extremely expensive). 2.
Companies may consider alternative dispute resolutions for example: – Arbitration (regulations are more relaxed in the hearing; litigation is also less lengthy and less expensive) – Mediation or conciliation (in which a third party acts as a mediary) – Minitrial (performed in a private courtroom with a private judge and a less lengthy trial) – Medarb (a blend of mediation and arbitration) – Rent-a-Judge (a judge is employed) Summary jury trial (a jury works like advisory in a mock trial) – Early impartial assessment (the case is analyzed by a third party before more formal litigation is pursued) – International Chamber of Commerce (ICC) (Settlement through an international court usually on neutral place) 3. Managers may use binding arbitration in business agreements as long as it doesn’t violate legal rights. They can utilize this to their benefit so as to decrease cases being escalated, extended, or brought into the public eye, all of which may be expensive.