Discussion 7-9
WEEK 7 DISCUSSION – “Stare Decisis” and the “Judicial System” Please respond to the following:
- Define and explain what personal jurisdiction and subject matter jurisdiction mean and how these terms are relevant to one who does business in different states. What about a business that engages in international dealings, which court could the business be sued in and why? Provide support for your answers.
- Each year, the U.S. Supreme Court issues around 100 legal decisions. The decisions are final interpretations of the law because of the Doctrine of Stare Decisis. Explain Stare Decisis and select one U.S. Supreme Court decision issued in the past year relating to the regulation of business or likely to influence business today and provide your thoughts on whether you agreed or disagreed with the Court’s opinion. Support your position and include your sources for information and cases. Remember the focus of this discussion is how the decisions by the Supreme Court can affect a business and doing business today!
WEEK 8 DISCUSSION – “Rules of an Employer” Please respond to the following:
- Explain the Employment-at-Will Doctrine and identify and explain ALL the exceptions. If your employer does not like your hairdo, can he fire you? Pursuant to the doctrine, explain your answer per the law.
- Identify and provide the exceptions to the EAW in your home state and include your source for information.
- As a small-business owner, you are faced with rising costs, particularly employment costs, insurance, etc. You decide to hire some friends and pay them as they work rather than go through the expense and procedure of bringing in “actual” employees. Your friends wear the business uniform, deal with vendors and customers, and tell friends and family that they work for the business. One friend orders way too much from a vendor.
- Explain Agency Law terminology and the three ways an Agency relationship is created per the text reading. What are the implications of Agency Law that apply in the above scenario?
- Since the person who ordered was not an employee, is the business liable to pay for the improper order? Why or why not?
- When is a business liable for an employee’s actions and, how is “scope of employment” relevant? Please use legal language to demonstrate your understanding of Agency Law and liability.
WEEK 9 DISCUSSION – “Employee Welfare – Safety and Health in the Workplace” – Please respond to the following:
Brad is an air traffic controller who has had significant problems with high blood pressure. He has changed his diet and takes medication, but the problem persists. His wife thinks he should find other employment because his job is very stressful and contributes to his high blood pressure. She believes that if he continues at the job, he could have a heart attack. Brad is an avid runner and healthy otherwise. Brad has no training for any other job. Based on this scenario, you are Brad’s boss.
- Determine what the company’s options are and whether Brad qualifies for workers’ compensation due to his health issues. Be sure to explain when you are eligible for workers’ compensation and what the law is. Analyze the key legal and ethical issues faced by the employer throughout the process.
- What is the “Direct Threat Defense” and, could you argue the government is immune from liability if Brad sues? Why or why not?
- Considering the effect of worker’s safety rights on global and developing economies, take a position on whether or not the U.S. government should “regulate” the global workforce? Do U.S. companies have a legal duty to their foreign employees working outside the jurisdiction of the United States? Why or why not? Justify your response.
