Question BUS 311 Week 1 DQ 1

BUS 311

Week 1

DQ 1

Applying the Law to a Set of Facts.Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions

1. If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.

2. In which state or states can the suit be brought?

3. Assume that Javier incurred $100,000 in damages.

a) Analyze whether the suit can be brought in federal court

b) Explain the advantages and disadvantages of federal versus state court for this type of suit.

Guided Response: Analyze and respond to at least two of your classmates’ postings. Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.

DQ 2

Tort or Crime. In Chapter 1 of the text you read about the Bailey v. Eminemdefamation case where the court held Eminem’s lyrics were protected by the First Amendment. Read the article and view the video (the links are listed under Week 1 Additional Learning Resources Required and Week 1 Multimedia Required) to the Pahler v. Slayercase. Respond to the following questions:

1. Did the Pahlercourt use the same reasoning as used in Bailey v. Eminem?

2. Should the court’s decision in Pahlerbe different because a young girl was murdered?

3. Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.

Week 2

DQ 1

Elements of a Contract. Read the Case Campbell Soup Co. v. Wentz in the text. Answer the following questions:

1. What were the terms of the contract between Campbell and the Wentzes?

2. Did the Wentzes perform under the contract?

3. Did the court find specific performance to be an adequate legal remedy in this case?

4. Why did the court refuse to help Campbell in enforcing its legal contract?

5. How could Campbell change its contract in the future so as to avoid the unconsionability problem?

DQ 2

The Uniform Commercial Code (UCC). Read the Ace Heating and Cooling scenario in your text and answer the following questions:

a. Under UCC 2-302, who has the best chance of getting out of the contract due to unconsionability?

b. The symbol for justice features a woman wearing a blindfold illustrating that the law should be applied the same way regardless of who the parties are. Does the UCC rule seem to contradict this? Which approach do you think is more ethical?

c. Note that both Glamour and Shady Rest are businesses, and courts rarely find that contracts between two businesses are unconscionable. The rationale is that a business is a sophisticated entity, familiar with transactions and able to protect itself. Do you think Glamour and Shady Rest are in a comparable position in regard to this contract? Why or why

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