Greatbody Marketing Strategies Attract Bus 10 Bus

Assignment
In this assignment you are to select and make a business recommendation for one of the business legal issues listed in table 1.0. You
will need to conduct the necessary legal research to support your recommendation. You are to (1) clearly identify the legal issue, (2)
identify any business risk associated with the issue, (3) conduct the necessary research to support your recommendation using high
quality sources and (4) Provide a recommendation that demonstrates critical thinking through a careful analysis of the problem. Your
paper should be 3 – 4 pages in length, double spaced. The report must include legal citations in support of your recommendation and
conclusions. Your effort on this assignment will be evaluated using the attached scoring rubric. The due date is available on the course
website. I will be checking your citations.
A General Research Strategy
There is no one right way to conduct legal research, however the following general search strategy is considered a practical approach:
Step 1: Frame the issue (try to figure out what the case is about/what legal issue or issues need to be researched.
Step 2: Brainstorm search terms (think up synonyms and related terms – e.g. negligence, liability, duty of care, etc.)
Step 3: Determine the jurisdiction.
Step 4: Decide which format to use (print or electronic – using the internet or print library.)
Step 5: Locate, read and update secondary sources (legal encyclopedias, restatements of the law, American Law Reports, legal
periodicals, books,)
Step 6: Locate, read and update primary authority (cases, statutes, and regulation.)
Step 7: Lookup rules of procedure, ethics, non-legal and other materials if needed.
Step 8: repeat the above steps as needed, depending on your search results.
“Legal research is the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research
includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the
results of the investigation.”
From: J. Myron Jacobstein and Roy M. Mersky, Fundamentals of Legal Research, 8th ed. (Foundation Press, 2002) p. 1.
Your Next Steps
1. Pick ONE business legal issue from Topic List 1. If you have an idea for a business legal issue not on this list, please see your
instructor for prior approval of an issue before you do your research.
2. Read the supplement provided at the course website: Primer: Legal Research and Case Citation
3. Review the links provided at the Blackboard site for this assignment (10 links): Click on the “Legal Research” button from the
course menu.
4. Conduct your research: online and/or library.
5. If you are confused about the assignment, please schedule an office hour visit with your instructor. He is happy to help with
any questions that you may have.
6. Write the paper: a) Give a summary/facts of the situation as you understand them b) Discuss the legal issue presented by the
situation c) explain the relevant law that should be applied to the case and site any similar cases that you reference from your
research d) explain what you believe should be the outcome of this case so as to resolve the business impact e) list the citations
for any cases that you use a reference and any laws that you cite as references. See the grading rubric below (entitled BUS 10
SLO)
7. Submit your paper via Canvas by the posted due date.
Again: If you have any questions or need assistance, please do not hesitate to contact me. Office hours are posted at the course
website.
FAQ: What is the difference between a primary legal source and a secondary legal source?
In the legal field, source classification is important because the persuasiveness of a source usually depends upon its history. Primary sources may
include cases, constitutions, statutes, administrative regulations, and other sources of binding legal authority, while secondary legal sources may
include books, articles, and encyclopedias. Legal writers usually prefer to cite primary sources because only primary sources are authoritative and
precedential, while secondary sources are only persuasive at best.
BUS 10: Grading Rubric for Legal Research Assignment
Note: To achieve a score of 4 on the Information Literacy Criteria: please find at least 4 sources of law; at least two sources should be
relevant decided United States cases: Here are three sample case citations
1) Lucy v Zehmer Supreme Court of Appeals of Virginia, 196 Va 493, 84 S.E. 2D 516 (1954)
2) Hertz Corporation v. Friend United States Supreme Court 130 S.Ct. 1181 (2010)
3) Lefowitz v. great Minneapolis Surplus Store, Inc. Supreme Court of Minnesota 251. Minn. 188, 86 N.W. 2D 689 (1957)
For your other law sources you may use state or federal statutes, constitutions, Administrative law/regulations, treaties, Executive orders.
Your paper should be 3 – 4 pages in length, double spaced. Points may be deducted if the paper is too short in length; please check your
spelling and grammar. Assignment Points Possible: 4 criteria x 95 points possible = 380 points total; range 0 to 380.
BUS 10 SLO: Students will apply legal research in evaluating and formulating legally sound and practical solutions to legal issues impacting the business environment.
Criteria 0. No measurable
achievement (0 points)
1. Beginning
(60 points) 2. Developing
(75 points)
3. Competent
(85 points)
4. Accomplished
(95 points)
Legal Issue Recognition Unable to recognize
critical business law
issues.
Understands that a
business issue exists, but
unable to state the legal
issue.
Identifies the legal issue,
but the explanation of key
elements and defenses is
vague or inaccurate.
Clearly states the legal
issue, but not all key
elements and defenses are
identified.
Clearly identifies the legal
issue, including key
elements of the law and
defenses.
Information Literacy Does no research. Conducts minimal
research, sources lack
credibility and
thoroughness. Few
statements about basic
facts are relevant and
correct
Conducts research, but
sources need to be more
objective and properly
cited. Some statements
about basic facts are
relevant and correct.
Conducts moderate
research, and properly
cites sources, but research
is not well balanced and
credible. Most statements
about basic facts are
relevant and correct.
Conducts extensive
research on both legal
issues and business risks,
using 3 or more highquality, balanced sources.
Sources are properly cited.
All information presented
is relevant
Critical Thinking Unable to evaluate and
integrate information.
Integrates information,
but critical evaluation is
missing or inconsistent.
Integrates information,
but provides a limited
perspective of the issue.
Presents multiple
perspectives on an issue,
but does not draw
independent conclusions.
Carefully analyzes and
evaluates information to
draw independent and
well-supported
conclusions. Analysis
gives compelling support
for the conclusion(s).
Resolving the Business
Impact
Unable to identify any
business impact of the
legal issue
Understands that a
business impact is likely,
but unable to identify
specific business issues.
Identifies one or a few
business risks, but
significant risks are
missing in the analysis.
Clearly identifies key
business risks, but plans
to address those risks are
vague.
Clearly identifies key
business risks associated
with the legal issue, and
formulates persuasive
plans to address those
risks
Table 1. Business Legal Issues
Issue 1.
1. Title: Employment Discrimination
2. Textbook reference: Chapter 24
3. Possible search terms: ethics, employment discrimination, Title VII, past discrimination
4. Here is the situation: ABC Corporation decides to respond to what it sees as a moral obligation to correct for past discrimination by
adjusting pay differences among its employee. Does this raise an ethical conflict between ABC’s employees? Between ABC and its
employees? Between ABC and its shareholders?
Issue 2.
1. Title: Business Interference
2. Textbook reference: Chapter 7
3. Possible search terms: fair competition, competitive practices, business interference
4. Here is the situation: After less than a year in the athletic club business, Greatbody Club surpasses Goodbody Club in number of members.
Greatbody marketing strategies attract many Goodbody members, who then change clubs. Does Goodbody have any legal recourse against
Greatbody? What is your recommendation to Goodbody?
Issue 3.
1. Title: Negligence and Liability
2. Textbook reference: Chapter 7
3. Possible search terms: duty of care, malpractice, assumption of risk, negligence per se
4. Here is the situation: A water pipe burst, flooding a Small Business Company utility room and tripping the circuit breakers on an electrical
panel located in the room. Small Business contacts Tom, a licensed electrician with 5 years experience, to check damage and turn the
breakers back on. Without testing for short circuits, which Tom knows that he should do, he tries to switch on a breaker. Tom is
electrocuted and sues Small Business for damages. What action do you recommend Small Business take?
Issue 4.
1. Title: Intellectual Property
2. Textbook reference: Chapter 8
3. Possible search terms: trademark, cyber squatting, trademark dilution, licensing
4. Here is the situation: Blackhawk Corporation began marketing software in 1990 under the mark “Blackhawk.” In 2002, Blackhawk.com,
Inc. a different company selling different products, begins to use “Blackhawk” as part of its URL and registers it as a domain name. Can
Blackhawk Corporation stop this use of “Blackhawk”? If so, what must the company show?
Issue 5.
1. Title: Agreement
2. Textbook reference: Chapters 9
3. Possible search terms: agreement, definiteness of terms, revocation, termination, detrimental reliance, acceptance
4. Here is the situation: Alan advertises in the San Francisco Chronicle that he will pay $1,000 to anyone giving him information as to the
whereabouts of Francis. Nathan sees a copy of the ad in a Tijuana newpaper, in Spanish, and sends Alan the information. Does Nathan get
the reward?
Issue 6.
1. Title: Consideration
2. Textbook reference: Chapter 10
3. Possible search terms: Consideration, past consideration, option-to-cancel, accord, satisfaction, release, promissory estoppel
4. Here is the situation: Andrea, the president of Standard Corporation, announces to Standard employees, “If you work hard, and profits
remain high, you’ll get a bonus, if management thinks it’s warranted.” Profits remain high, but no bonus is paid. If the employees sue,
would a court enforce the promise?
Issue 7.
1. Title: Capacity and Legality
2. Textbook reference: Chapter 11
3. Possible search terms: legality, negligence, exculpatory clause
4. Here is the situation: International Airlines, Inc., prints on its tickets that it is not liable for any injury to a passenger caused by the airlines
negligence. If the cause of an accident is found to be the airline’s negligence, can it use the clause as defense to liability?
Issue 8.
1. Title: Mistakes, Fraud, Voluntary Consent
2. Textbook reference: Chapter 7, 12
3. Possible search terms: mistakes, fraudulent misrepresentation, scienter, negligent misrepresentation, undue influence
4. Here is the situation: Robert, an accountant, certifies several audit reports to Standard Corporation, Robert’s client, knowing that Standard
intends to use the reports to obtain loans from Big Bank Company (BBC). Robert believes that the reports are true and does not intend to
deceive BBC, but does not check the reports before certifying them. Can Robert be held liable to BBC?
Issue 9.
1. Title: Third Party Rights
2. Textbook reference: Chapter 13
3. Possible search terms: assignments, notice of assignment, delegations, third party beneficiaries
4. Here is the situation: Valley Construction Company contracts to build a house for Betty. The contract states that “any assignment of this
contract renders the contract void.” After Valley Construction builds the house, but before Betty pays, Valley Construction assigns its
right to payment to Big Bank Company. Can Big Bank Company enforce the contract against Betty?
Issue 10.
1. Title: Agency Formation and Duties
2. Textbook reference: Chapter 20
3. Possible search terms: agency, agent duties, principle duties, rights/remedies of agents, rights/remedies of principals
4. Here is the situation: Bullseye Stores Corporation wants to build a new mall on a specific track of land. Bullseye enters into a contract
with Dale to act as its agent to buy the land. When Dale learns the difference between the price that Bullseye is willing to pay, and the
price that Mark, the owner, is willing to sell, he (Dale) wants to buy the land and sell it to Bullseye. Can he (Dale) do this?