BUS340 DQ’s – Discussion questions and responses

BUS340 DQ’s – Discussion Questions and Responses

BUS340 DQ’s – Discussion Questions and Responses

Topic 1 DQ 1: Many believe that there are too many lawsuits in the United States. Do you agree or disagree? Why? Discuss who should accept more blame for the problem, lawyers or individuals who go to court. Do you think there is anything that would mitigate the problem, or will there always be a large number of lawsuits? Justify your response.

I agree that there are too many lawsuits in the United States. There is an average of 40 million lawsuits that are being filed on an annual basis. According to the Federal Judicial Caseload Statistics, they have seen an increase in this over the last 10 years. In 2006 the number of cases filed in the courts was 0.99 and in 2016 it increased to 9.88. The number of registered lawyers in the country is also higher than ever before at around one million. One of the possible reasons for this increase in the United States can be because of the open claim system of jurisdiction. It is the individual’s fault who go to court because they are going out and searching for a lawyer, lawyers don’t go out and search for clients normally. As a lawyer the individual wants you to focus on their individual rights rather than group rights which increases the case load. This is because individuals do not focus on the wider impact of their actions on others, but in a smaller perspective which is selfishly altered to what the individual is looking to gain. The individual will go out and specifically look for a lawyer who can represent them in the specific way they want.

Topic 1 DQ 2: If you had a dispute, would you prefer to litigate or use alternative dispute resolution? Why? If you had to use alternative dispute resolution, which form would you choose? Discuss the benefits of the method using a specific example.

I believe the dispute resolution depends on the type of dispute and who the dispute is with. My first choice would be to use the alternative dispute resolution because it may help solve disputes in a proper manner without taking a long amount of time. It does not include the interference of the court and it helps corporations to settle the issues at hand without spending a big chunk of money. If using the alternative dispute resolution, it is also an option to use the mediation method where a third party comes in and arises between the rivals and negotiates for the wellbeing and proper settlement of the two parties. If one were to get into a car accident the main people involved, are you and a company (insurance) that have a lot of money going against them potentially. For this instance, it would be better to use the litigate dispute resolution because it takes legal action however it would take longer to get to a resolution.

Topic 1 DQ 3: Consider the doctrine of stare decisions? For example, should Texas v. Johnson stand because it is precedent, or should the justices take a “fresh look” at the issue of flag burning? Justify your answer with specific reasons, facts, and examples.

The doctrine of stare decisis states that the courts should follow the precedents or previous decisions from the upper and courts at their level if the cases consist of similar issues. This makes the judiciary more effective because it reduces the amount of analysis along with saving the time and cost. This creates respect within the judiciary by respecting the decision of the courts. If the plaintiff and the defendant both file cases in their states for the same case and one states decides to rule in favor of the plaintiff while the other in favor of the defendant this, then creates a conflicting situation for enforcement authorities. However, if the court were to find that the precious decision or ruling is not applicable then the court has the ability to rule without considering the previous decisions. With the Texas v. Johnson case the Supreme Court brought up a case that was similar involving a violation of the First Amendment. Although there were a couple of similarities it isn’t the same case and therefore should have its own ruling and not follow the rulings of a case just because it is similar.

United States Courts. (N.D.) Facts and Case Summary – Texas v. Johnson. Retrieved by https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary- texas-v-johnson

Topic 1 DQ 4: Usually, both a plaintiff and defendant can demand a jury trial in cases asking for cash damages. Assume you were involved in a trial with $50,000 at stake and address the following.

• Would you want a jury trial? Why?
• Would you trust a group of strangers to arrive at a fair verdict, or would you prefer a judge to decide the case? Why?
• Would your answer depend upon whether you were the plaintiff or defendant? Why?

I would want a jury trial if I was the defendant because it allows twelve people rather than one to look at the case and determine the outcome of the trail. I would trust a group if I was the defendant because if gives you as the defendant multiple chances to be found not guilty rather than just one. A jury also tends to dig deeper into a case because it is the only one, they are focusing on at one time and they care about all the information before making a decision. They are also able to talk about the case and there is a chance people can be persuaded to the defendants side whereas with just a judge they are the only one making a decision. My answer would depend on if I was the plaintiff or defendant because I want the best outcome for myself, and this scenario would give me the best chance at the outcome I want.

Varghese, Benson. (2016, October 22). Varghese Summersett. Trial by Judge or Jury.

Retrieved from https://versustexas.com/blog/trial-by-judge-or-jury/

Topic 2 DQ 1: Using the topic Resources, discuss whether you think the Christian worldview promotes doing business in a particular way. Locate an example of a business that is operating successfully while espousing and maintaining a Christian worldview.

Discuss the unique challenges this type of business faces because it upholds Christian values. Please provide a business example that has not already been used in posts from peers.

A Christian business has different reasoning than just new ideas or methods to do something. Their methods and ideas fall behind the Bible and what is going to serve God and give him glory. A Christian business must have a visionary that observes God’s goodness, serves others, and use the business in a way that glorifies him. It is important that the business realizes that innovative business requires big responsibilities to be made. There is a critical Biblical establishment for going broke. The businessperson is attracted to a real existence of experience in administration yet perceives that the cost of the experience will be incidental disappointment and setbacks. A Christian company sets their standards and expectations around their beliefs and specific things the Bible says. For example, Chick-Fil-A is a Christian company, and they are closed on Sundays as Sunday’s are when Christians go to church and spend their day praising the Lord. The company also has high standards for employees, and they are known for treating customers respectfully which is what Jesus tells his people to do.

Topic 2 DQ 2: In reference to the ethical traps discussed in Chapter 2 of the textbook, which ethical trap do you believe is the most common? Provide a short ethical scenario that illustrates the ethical trap you have chosen.

The ethical trap I believe is the most common is money because people believe money results in happiness. Chapter 2 of the textbook says that “most people believe that they would be happier if only they had more” (Beatty) in reference to money. The textbook makes a good point about how money can contribute to happiness. It states, “higher pay can increase general salinification with life, but when people work so hard or so dishonestly that their health, friendships, and leisure activities suffer, it has the reverse effect” (Beatty). Even with a large amount of money you can feel successful, but if you don’t have time to enjoy it fully then that can be a root to unhappiness or unfulfillment.

Beatty, J. F., Samuelson, S. S., & Sanchez Abril, P. S. (2019). Introduction to business law (6th ed.). Cengage Learning. Retrieved from https://viewer.gcu.edu/uuq7Vb

Topic 2 DQ 3: Using the material from Chapters 2 and 9 in the textbook, along with other legal references, discuss the legal issues relating to employers using technology to monitor employees. Also, discuss the ethical issue relating to employers using technology to monitor employees.

Companies use technology as a means of competing in the market, increasing production capacity, streamlining company processes and operations, and improving decision-making. Various manual operations that require time and energy are replaced by the use of technology. Furthermore, you will be able to implement emails, web pages, and software that will assist you in managing the company’s duties. Employers may snoop on a potential worker’s social network and refuse to hire them because of their religion, color, or hobbies, according to Chapter 9, which might “lead to discriminatory behaviors” (Beatty, 2019). It is unethical to deny someone a shot at a job or advancement just because the employer does not agree with their religion or interests.

Employers and the use of technology to monitor employees are subject to the Electronic Conversations Act of 1986, which states that if an employer covertly intercepts or has access to an employee’s electronic communications, it is illegal (Beatty, 2019).

Beatty, J. F., Samuelson, S. S., & Sanchez Abril, P. S. (2019). Introduction to business law (6th ed.). Cengage Learning. Retrieved from https://bibliu.com/app/#/view/books/9780357231357/epub/OEBPS/014_9781337404341_ch05

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Topic 2 DQ 4: Using the material from Chapter 9 in the textbook, along with other legal references, discuss whether social media, or any media business, should be legally allowed to censor user-generated content. Support your discussion with law or legal theories. Use a real example not used by other students to illustrate your discussion.

It is becoming increasingly typical for social media corporations to restrict a variety of items on their platforms for individual users in today’s world. I believe it is acceptable to prohibit someone from a social media account if they are harassing or inappropriate, but I believe it is unethical for a social media platform to restrict someone’s account because of something they stated that the corporation does not agree with. An example of someone who has been banned form a social media app is Marjorie Taylor Greene. She got banned from Twitter and Facebook recently “for posting misinformation about Covid-19 vaccines” (Ghaffary, 2022). The platforms saw what she posted and felt that whatever information she was giving wasn’t real or was misleading and not only took it down, but banned her from posting on both media cites.

Ghaffary, Shirin. (2022, January 4). Marjorie Taylor Greene and Big Tech’s never-ending censorship loop. Vox. Retrieved from https://www.vox.com/recode/22867140/marjorie-taylor- greene-facebook-twitter-suspension-big-tech-content-moderation

Topic 3 DQ 1: Tracking tools provide benefits to consumers, but they also carry risks. Should Congress regulate them? If so, what should the law provide? Justify your response by citing the topic Resources.

I believe Congress must regulate and restrict the access of user data by these tracking tools. These tools must specify the consumer data because they need access and the objective of having access to such data. The tool companies should take proper permission from the consumer before attaining access to his or her data. If the consumer were to deny data access, then the tool cannot force the customer to share the same. These are some ways risks with tracking apps can be managed. Some of the risks include that these tools attain access to a large amount of customer information, privacy violation of the customers, the personal pictures of the customers may get leaked as these tracking tools get access to the phone and media and the credit card and banking details can be easily hacked from the user’s mobile phones.

Topic 3 DQ 2: Many retailers have policies that instruct employees not to attempt to stop shoplifters. Some storeowners fear false imprisonment lawsuits and possible injuries to workers that exceed the losses related to the stolen merchandise. Are these policies reasonable? Explain why using a specific example. Would you put a policy in place if you owned a retail store? Why?

I feel like these policies are reasonable because there have been instances where employees have been harmed when attempting to stop a shoplifter. It can also result in false cases against the company or attack on the employees. The cost during the litigation process is most of the time more expensive than the items itself. A shoplifter can also attack employees and cause injury to the employees. Thus, the company when then be liable for the expenses that are also probably more expensive than the cost of the items being stolen. I have a close friend who works at Urban Outfitters, and they are directed to not try and stop shoplifters. There was a situation in Seattle where an employee got stabbed by a shoplifter. I think these are very reasonable because at the end of the day they are protecting their employees and doing what is best for their company even if that means losing items. I would put a policy like this in place if I owned a retail store because I think it is important to protect your employees first and then worry about everything else later.

Topic 3 DQ 3: Should laws be modified to offer famous people more privacy and leverage for winning libel lawsuits against tabloid magazines? Why or why not? Justify your response using a specific example not already posted by peers.

I believe there should be a law which provides famous people more privacy. Their personal life is already shown to the public which can be a drawback. Everyone can see what you do, and you are really in a fishbowl. There are small things like going out to eat that they can no longer do without being photographed or followed around. When you are famous your relationship status is also shown to the public and it’s almost like your relationship becomes theirs and they know everything about it. People also get judged or torn down for going out with their friends who might not be famous or other family members if spotted out and about. Not everything should be shown to the public, but if it is something that they choose to post that is one thing, but the minute they leave their house they leave their privacy too. Therefore, there should be a law for famous people that should provide privacy and leverage for winning libel lawsuits against tabloid magazines.

Topic 3 DQ 4: The European Union has created a “right to be forgotten” online. This right allows Europeans to request that websites take down their personal information, as long as it is not in the public interest to retain it. For example, a person would be able to request that Facebook delete her unflattering photograph if it is outdated and is not newsworthy. Is this law a good idea? Would U.S. lawmakers ever consider a law like this? Why or why not?

I think that this law can be a good idea because it deals with people and their personal information. With this they should have the right to retain or delete things that they no longer want on the internet. This law not only is about your privacy, but your wish to delete things which are called “the right to be forgotten”. This law deals with personal information which is not in the public’s interest to keep as a record. This is something that should be considered in the United States because it’s the right of the individual whether they want to retain specific information or not. Doing this doesn’t harm the public in anyway because it isn’t their information to begin with. Having this law could strengthen individual choice by having authority over their own data and information.

Topic 4 DQ 1: In 1982, AT&T was the sole supplier of telephone services across the entire United States, and it was found to be violating the antitrust laws. Due to its monopolistic activities for service as essential telecommunication, the company was forces to split into six subsidiaries called Baby Bells. Given that the United States has previously taken action to break-up a technology company (AT&T), it would not be surprising for the U.S. government to again break up a large technology company. Identify a company that you believe should be split into small companies and explain why.

A company I believe should be split into two companies is Google because the company has over 80% of the market share in the United States. A company who is a small online advertiser, does not get a good ranking or has to pay higher fees to run ads on Google Platforms. Google is applying anti-competitive practices and thus there is no formation of free and fair market competition. Google also has mobile phones which provides an Android platform which is used by a lot of other mobile companies This makes it suitable for this action by U.S. authorities.

Topic 4 DQ 2: In addition to each states’ individual “Blue Sky” laws, the federal government includes multiple layers of securities regulation (e.g., Sarbanes-Oxley Act, Exchange Act of 1933, Securities Exchange Act of 1934, the Securities Exchange Commission). However, multiple major securities fraud cases have occurred since 2000, including Enron, WorldCom, Tyco International, and Bernard “Bernie” Madoff. In your opinion, why do these cases keep happening? Does the U.S. government need more regulation? Less regulation?

These cases keep occurring because of the misuse of power or authority from top executives. These are people that oversee affairs and financial records of the company, and they do this according to their will. Because they have this authority there is a higher chance for them to misuse it and make fraudulent practices. This has been a reoccurring thing and because of it there have been security regulations enforced by the federal government. Although there is security these scandals are still going on because top executives are finding ways around it because of the authority they hold. The United States government needs to find a better regulation to keep this in control. There needs to be a law that they have to abide by so that these scandals become eliminated.

Topic 4 DQ 3: As a young entrepreneur, you have decided to start your own business. Describe three different steps that you will take to protect yourself and your new business.

Three different steps that I will take to protect myself and my business are having good business insurance; depending on what insurance I purchase, this will protect both my business and myself in the event that there is an injury, property damage and more. It is important that I look through all the different types of insurance and properly select the one that best suites me.

Another step I would take is getting an accountant or lawyer to help with business decisions such as making my business incorporated. This can be beneficial because if someone sues your business, they cannot threaten your personal assets. You also may be able to qualify for new tax deductions, but this is something I would want to talk to a lawyer or accountant about to see if it is worth it. The third step I would take is keeping accurate records from my business. This would be beneficial in the case of a lawsuit or financial assistance during a crisis. This would help move things quickly and easily and you would have the right support to do so.

Bliss, Mariah. (June 12, 2020). 10 Ways to Protect Your Business from the Unexpected. Simply Business. Retrieved from https://www.simplybusiness.com/simply-u/articles/2020/06/10-ways- to-protect-your-business-from-the-unexpected/

Topic 4 DQ 4: Crowdfunding is an evolving method of raising capital that has been used to raise funds though the internet for a variety of projects. Title III of the JOBS Act created a federal exemption under the securities laws so that this type of funding method can be used to offer and sell securities. Briefly describe how crowdfunding has both helped and hindered young entrepreneurs.

Crowdfunding is the technique of gathering funds from a large number of individuals through various crowdfunding sites for a project or venture. Title III of the JOBS Act established a federal exemption from securities rules, allowing entrepreneurs to use crowdsourcing. A funding portal is being developed that will allow intermediaries to assist the offer and sale of securities without having to register with the SEC as brokers. As a result, internet-based platforms can offer and sell securities directly through this portal. This allows for small businesses and start-ups in obtaining investor protection through capital raising on these websites. Young entrepreneurs can quickly raise funding or finance without having to pay any upfront fees and they are able to get expert feedback and guidance along with raising funds from the public. It aids in the promotion of their product or service because it is introduced to the public on that platform and receives favorable media attention. However, there are drawbacks to these measures that include a limited percentage of firms that can acquire funding through these platforms because all of them do not match the criterion for listing their businesses on these platforms. Some businesses must give up a significant portion of their business in order to obtain adequate capital from investors. Thus, while crowdfunding has aided many entrepreneurs in beginning and growing their businesses, it has also hampered the success of other young entrepreneurs.

Topic 5 DQ 1: Recently, some companies have adopted a “no smokers” policy with respect to hiring practices. Is it ethical for employers to discriminate against employees in this manner? Explain. Does your stance differ with respect to obesity or financial situation/credit score? Explain why.

It is unethical for employers to discriminate against employees that smoke. This is something that doesn’t affect how they work. One should not be denied of a job because of their personal choices. You can inform them that there is no smoking on the job and that is fine, but it is wrong to deny someone of a job just because of this if they meet all the other requirements. This can be considered as a workplace policy within the company that has been implemented to make sure that their work processes are created in a structured way which has its own rules and underlying values that they follow. Something like one’s financial situation or their health condition can be considered active discrimination and has implications both ethically and legally. A company should also not have a policy where they prefer younger workers over older ones. This represents active discrimination and stereotypical hiring.

Lis, Sarah & Buesing, Karen. (September 4, 2018). Can Employees Refuse to Hire Smokers? HR Defense. Retrieved from https://www.hrdefenseblog.com/2018/09/can-employers-refuse-to-hire- smokers/

Topic 5 DQ 2: Is it appropriate and ethical for a company to reprimand or fire an employee based on information obtained from the employee’s internet usage, email, or social media accounts? Why or why not? Does this depend on the type of job? Does it depend on whether the information was accessed through the company server? Provide illustrative examples to illustrate your responses to each question.

It is dependent on the information and level of severity it has to produce and the impact it can have on the organization and other employees. If it is something that is aggressive, threatening to life or property, punishable under law, or unethical then I see it as being ethical for the company to reprimand or fire the employee. It is important to be careful with information you find especially on social media because not all of it is true, so it is important to find confirmation about the information received.

Spencer, Jennifer. (April 8, 2021). Can you get fired if your boss doesn’t like what you post on social media?. Jackson Spencer Law. Retrieved from https://jacksonspencerlaw.com/getting- fired-for-social-media/

Topic 5 DQ 3: Should employers have the option of firing individuals for behavior and occurs outside of the workplace? Why or why not? Justify your response using a real-world example.

I think it depends on what is going out outside of the workplace. If it is something that involves the company, then I think that they have the right to bring it up with the employee. They should talk to the employee about the problem before making any decisions. I do not think that the employer should be able to fire the employee without all the information. There have been lots of stories about people who have lost their jobs due posting inappropriate content on social media. Employee conduct outside of the workplace can be grounds for termination. “Generally, there is a fine line that separates an employee’s professional life from what he does when leaving the office. Most states recognize at-will employment, meaning that companies have the right to terminate a work agreement for any reason” (Picincu, 2020). I think if it is something that is offensive to others or has to do with the company then that can result in termination. However, if it has to do with activities, you do outside of the workplace this can be where there is a grey area. Picincu, Andra. (July 31, 2020). Is Behavior Outside the Workplace Grounds for Termination?

Chron. Retrieved from https://work.chron.com/behavior-outside-workplace-grounds-termination- 5374.html

Topic 5 DQ 4: In many countries, employers must show a valid cause before firing an employee. Should the United States have a similar law? Why or why not? Support your stance with specific reasons, facts, and examples.

I believe that the United States should have a valid cause before firing an employee because it not only is ethically right but firing someone for “no reason” can lead the company into a bad reputation or other consequences. “Any company that fires an employee ‘just because’ can face serious consequences. To protect themselves from lawsuits, a damaged reputation, and a hostile work environment, companies need to ensure they have policies in place surrounding termination procedures” (Lumen). There are specific laws when terminating someone, so it is important that you investigate those laws for your specific state and country to avoid any legal charges or lawsuits. “There are limits, such as you can’t fire people for discriminatory reasons, said David Weisenfeld, legal editor of the website XpertHR. You also can’t fire them for exercising their rights under the Family and Medical Leave Act, and Fair Labor Standards Act, or many other federal and state employment statutes” (Feffer, 2017). There are also states where it is illegal to fire someone for what they do outside of the office if they are not bringing it into the workplace.

Feffer, Mark. (November 7, 2017). Employment at Will Isn’t a Blank Check to Terminate Employees You Don’t Like. SHRM. Retrieved from https://www.shrm.org/resourcesandtools/hr- topics/employee-relations/pages/employment-at-will-isnt-a-blank-check-to-terminate- employees-you-dont-like.aspx

Topic 6 DQ 1: What business concept would be appropriate for a (a) sole proprietorship,

(b) corporation, and (c) a limited liability company? Provide an example for each. If you were opening your dream business, what structure would you select? Why?

The business concept that would be appropriate for a sole proprietorship would be a fast-food restaurant because there are no heavy investments required nor a large number of personnel. The business could be started on a small amount of land with easy controlled operations and decision making. The business concept that would be appropriate for a corporation could be a Fast Fashion Manufacturing Unit. This would need heavy investments along with a large number of resources. Starting this business as a corporation benefits the business because it will protect it from getting hampered due to any internal contingencies. As a corporation this business will prevail under all circumstances and will conduct operations smoothly because of the corporate vail. The business concept that would be appropriate for a limited liability company could be a factory dealing in technology manufacturing of products such as smart phones. This ensures that incase the business is not able to keep up with abrupt changes or if it fails, the owners and shareholders will not have to sell their personal assets to satisfy the claims of creditors. In such a vulnerable and highly adaptable business, limited liability will protect the shareholders in case the business were to begin to fail. If I were to open my dream business, I would open a sole proprietorship and open a small retail store. I would probably open a clothing store and sell clothes that I have thrifted and fixed up or vintage items that I have found and could be worth money to someone else. I would prefer sole proprietorship because I would be able to have all the decision-making power to propose any changes or new ideas I have.

SBA. (N.D.). Choose a business structure. Retrieved from https://www.sba.gov/business- guide/launch-your-business/choose-business-structure

Topic 6 DQ 2: What is a duty that managers owe to the corporation? Discuss an example of a positive way in which the manager may uphold that duty. Provide an example of an act or omission that depicts a manager violating the duty. In addition, identify the federal or state departments or agencies that have established the rules or enforce rules for fulfillment of the duties of a manger, director, or officer of the corporation.

A manager oversees different tasks that help the company succeed. These tasks include planning, organizing, staffing, directing, and controlling. These tasks are essential for running an organization that achieves enterprise objectives and runs smoothly. Planning is required for goal setting and establishing strategies for coordinating activities. It is extremely important that as a manager you are providing leadership for the employees. It can be a complex task and it is critical that those in this role set a positive example for the employees they oversee. A manager shouldn’t expect others to be punctual when they are consistently arriving late to things themselves. They should meet organizational expectations that inspire their direct reports to perform at their best. With this they also must be effective communicators. This meaning that if you don’t communicate your expectations with employees then you can’t expect them to understand them nor meet them. As a manager there are both legal and ethical responsibilities you have in the workplace. They must make ethical decisions daily that effects the company, employees, and stakeholders. Business ethics focuses on the study for moral standards; what’s right and what’s wrong. Managers are expected to behave morally, to know what is right and wrong, and to know what is potentially good and bad for all stakeholders involved. All managers and officers of organizations are obligated to obey all laws, rules, and regulations of the United States.

Universal Class. (N.D.) Your Legal and Ethical Responsibilities as a Manager in the Workplace. Retrieved from https://www.universalclass.com/articles/business/your-legal-and-ethical- responsibilities-as-a-manager.htm

Topic 6 DQ 3: If you do not form a business entity and you are sued, how may this affect your business? Provide a real-world example to support your ideas.

This can affect your business because an entity separates a business from the owner’s personal liability because it promotes the business to separate themselves. However, if a person fails to organize a business corporation, he or she will be liable for any liability arising out of the course of business, and any liabilities and costs incurred in the business must be paid by that person. As a result, if a person fails to form the entity, the business liability is passed to the individual as a personal liability. For example, Jeff and Paula started a business together, but they did not form any business entity and they were actively participating in the affairs of the business. Because of economic slowdown, their business discovered huge losses. They both agreed that they are a separate entity from their business, and they filed the case in court, but because they didn’t have a business entity the court decided that they are both personally liable.

Weik, Matt. (2020, February 24.). What Happens If You Start a Business and Don’t Form a Legal Entity? Incfile. Retrieved from https://www.incfile.com/blog/post/no-business-entity Topic 6 DQ 4: If you form a corporation or limited liability company under your state law, what state departments will require filing or reporting by your legal entity? What state agency rules or administrative laws will require compliance by your business?

If we form a corporation in California, USA. The following are the state departments that will need the legal entity to file or report; California Secretary of State: For filing of Articles of Incorporation, California Secretary of State: for filing of Statement of Information, and California Franchise Tax Board: For paying and filing of taxes. The following are the state agency rules or administrative legislation that must be followed while forming a corporation, Office of Administrative Law, Administrative Procedure Act, and California Code of Regulations.

Weber, Shirley. (N.D.). Starting a Business – Entity Types. California Secretary of State. Retrieved from https://www.sos.ca.gov/business-programs/business-entities/starting- business/types

Topic 7 DQ 1: Can an individual enter into a contract without being aware of it and still be bound by its terms? Why or why not? Cite an example of a voidable contract.

For a variety of legal reasons, a formal agreement between two parties may be ruled unenforceable. Failure to disclose a substantial fact by one or both parties; a mistake, misrepresentation, or fraud; undue influence or pressure; one party’s legal incapacity to join a contract; one or more unconscionable provisions; or a breach of contract are all reasons that can render a contract voidable. A voidable contract has a flaw if it can be legally rejected by one party. The contract becomes legitimate and enforceable if the party having the power to reject it decides not to reject it despite the flaw. In most cases, only one of the two parties would be harmed by consenting to a voidable contract if they had recognized the other party’s misrepresentation or fraud. The first party, for example, would not have committed to the contract at the outset and would have the option to reject it afterwards. A void contract, on the other hand, is intrinsically unenforceable. A contract that breaks the law, such as a contract for murder for hire, is an example.

(2020, October 15). What Make’s a Contract Invalid? UpCounsel. Retrieved from https://www.upcounsel.com/what-makes-a-contract-invalid

Topic 7 DQ 2: According to contract law, when you go to a department store and purchase an item, what have you done? What if you purchase the item at a garage sale? What if you purchase the item an auction? Explain how this affects the common consumer.

When you go to a department store and purchase an item you have just made a fixed price contract. If you purchase an item at garage sale a bilateral contract is made. If you purchase an item at an auction a unilateral contract is made. The three forms of contracts have various terms and conditions. The first is a contract with a set fee. The second type of contract is a two-way contract, in which both parties participate equally in determining the bargaining value. In the third scenario, the agreement is one-sided, and the bidder is in charge.

Gilkis, Krystyna Blokhina. (July 2019). Contract Law. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/contract

Topic 7 DQ 3: Is it better to have a single set of rules for all types of contracts, or does it make sense to have contract rules for sales of goods and contract rules for everything else? Justify your answer using the topic Resources. Discuss the four types of remedies for breach of contract. Explain how damages are calculated for each type of remedy.

Having two sets of contract rules is a good idea. The sales of items will be dealt with by one set of contract terms, while the rest of the business transaction will be dealt with by the other.

Because the two sets of contract rules will regulate two different types of contracts with separate subject topics, this is a good idea. Contracts involving the sale of things (anything movable except money) as well as securities and special rights are governed by the UCC. Contracts for the sale of services and immovable goods, on the other hand, are governed by Common Law. As a result, having two distinct sets of contract rules to govern the sale of moveable and immovable assets makes a lot of sense. Using a single set of contract rules will almost certainly lead to confusion, waste of money, resources, and time. Furthermore, it would result in lengthy and costly litigation, resulting in injustices to the parties and society.

Steingold, David. (N.D.). Contract Rules for the Sale of Goods. Nolo. Retrieved from https://www.nolo.com/legal-encyclopedia/the-ucc-contracts-the-sale-goods.html

Topic 7 DQ 4: There are several reasons that an offer may terminate. What is a legal basis for the termination of an offer? Illustrate using a specific example. Describe at least five ways that a valid contract may be legally discharged. Use examples to illustrate.

An offer may terminate because of multiple reasons including specific provision which is when the offer specifically states how long the offer will stay open for and if it is not accepted within that time frame the offer is no longer available. Another reason includes lapse of time which is when an offer terminates after a reasonable period of time if not specifically stated within the offer. This can vary depending on the time of contract at hand. A third reason an offer terminates when the offer is rejected. Once the offeree rejects the offer, they are unable to come back at a later time and accept the offer. A fourth reason is a counter offer. If an offeree makes a counter offer or a counter proposal in response to an offer, the original offer terminates as they are “rejecting” the offer in a different way. A fifth reason that an offer can be terminated is death or mental incapacity. If the offeror passes away or loses mental capacity at any time before an offer is accepted, then the offer is terminated. If the offeror regains mental capacity this does not mean that the offer becomes effective again.

Gordon, Jason. (2021, September 24). Terminating an Offer (Contracts) – Explained. The Business Professor. Retrieved from https://thebusinessprofessor.com/en_US/122296-law- transactions-amp-risk-management-commercial-law-contract-payments-security-interests-amp- bankruptcy/terminating-an-offer

Topic 8 DQ 1: How can businesses protect their intellectual property in the United States? How does a business protect itself from patent, trademark, or copyright infringement by individuals or companies in the United States? In foreign countries? Find a recent example of an infringement action taken by a business to protect its intellectual property and discuss the outcome in your response.

The three main ways that a business can protect their intellectual property in the United States is with trademarks, copyrights, and patents. Trademarks are used to protect the logo’s brand identity, such as the logo, graphics, symbols, phrases, or names. When a logo is trademarked, competitors are prohibited from using it to avoid market confusion. The best part about trademarking is that it may be applied to any of our official functions. Original works such as literature, music, theatre, movies, and sound recordings are protected by copyrights. If a company owns a Copyright, it has the legal authority to perform particular actions on specific products. Patents are the most powerful of the three, as they protect the concept, innovation, mechanisms, and principles that underpin it. It basically safeguards the entrepreneur’s right to his or her invention. An example of this happening is when a couple carrying a line of German shepherd puppies was photographed by renowned photographer Art Rogers. He utilized it to sell greeting cards and other similar items. Rogers’ photograph was discovered by renowned artist Jeff Koons, who used it to create a group of figurines based on the image. He profited handsomely from the sale of some of these structures. When Rogers learned of this, he filed a copyright lawsuit against Koons. The outcome of this resulted in the court ruled that the similarities between the two photographs were too close, and that anyone could see that the structures were a precise replica of the photograph. Koons was denied because he was unable to protect his defense. As a result, he was required to pay Rogers a monetary settlement.

Artist Rights. (N.D.). Significance: Rogers v. Koons. Retrieved from http://www.artistrights.info/rogers-v-koons

Topic 8 DQ 2: How do licensing agreements help artists earn money from their music? What are the various licensing arrangements? With the advent of technology and applications such as Spotify and Pandora, many songwriters and recording artists are questioning the loss of royalties and profits from their music because of the way monies paid by such music providers are siphoned through the music companies. Conduct research and discuss the legal and ethical issues faced by such entities. Address questions such as should artists and songwriters be entitled to a greater share of the monies paid by Spotify and Pandora, or are these entities compensating artists and songwriters fairly through promoting their music, which ultimately leads to profits generated by tour ticket and merchandise sales?

Outside of record labels, Spotify has reached direct licensing agreements with a variety of independent artists. These licenses are not exclusive, and they also allow these artists to perform on other platforms such as Amazon, Apple Music, or Pandora, giving them a much greater number of rights produced by the reproductions and remixes. Such agreements with artists are described as advances on reproduction rights, based on an estimate of the number of copies determined for them, ranging from tens to hundreds of thousands of dollars, and all indicate that record labels are becoming concerned. Spotify would not be a significant label in that sense because it would not be allowed to keep music rights, but it would become a critical component in assisting a variety of artists in reaching their target audiences directly. By way of Apple. Apple is to thank for this. The three major label giants, Sony, Universal, and Warner, now own around 80% of the company. In a typical contract, Spotify charges record publisher’s 52 percent of album sales, and the record industry charges the artist a fee that typically ranges from 15 percent to up to 50 percent of that total, depending on the circumstances. According to a new and comprehensive research released by Citibank, only 12 percent of the cash generated by streaming music gets to the artists. Nonetheless, the situation has been increasingly uneven over time, and it is frequently in the same direction: to improve the conditions of record companies.

Artists that sign with Spotify directly rather than through a label are more likely to earn the full amount that the site charges labels. At the present, it’s attracting the attention of relatively unknown and image-building musicians, but the idea of maintaining ownership over their work could appeal to other, more established artists: Taylor Swift is about to become a free agent after years of success with her record company when her current contract expires, therefore she may favor the distribution agreements. It’s impossible to predict how record labels, who own a small percentage of Spotify, would react if they began to feel the strain of talent loss on both the lower and upper halves, from recruiting talent and future commitments, such as the more concentrated musicians seeking more favorable terms to negotiate. Disintermediation prospects, on the other hand, will make perfect sense: the current added value created by a record label has to do with hitting distribution channels, and there is no doubt that streaming services are slowly becoming the most relevant actors in those distribution channels. Spotify now has 183 million global customers, about 100 million of whom listen to it for free through advertisements, and aims to reach 96 million paying subscribers by the end of this year, leading a market that includes companies like Pandora, which had 75 million active users at the end of 2017, of which 5,48 will be charged; and Apple Music, which has 49,5 million active users with over 49,5 million daily users; however, these organizations have a certain prescriptivist approach. https://www.copyright.gov/music-modernization/educational-materials/musicians-income.pdf

ADDITIONAL INSTRUCTIONS FOR THE CLASS

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• Discussion Questions (DQ)

Initial responses to the DQ should address all components of the questions asked, including a minimum of one scholarly source, and be at least 250 words. Successful responses are substantive (i.e., add something new to the discussion, engage others in the discussion, well-developed idea) and include at least one scholarly source. One or two-sentence responses, simple statements of agreement or “good post,” and responses that are off-topic will not count as substantive. Substantive responses should be at least 150 words. I encourage you to incorporate the readings from the week (as applicable) into your responses.

• Weekly Participation

Your initial responses to the mandatory DQ do not count toward participation and are graded separately. In addition to the DQ responses, you must post at least one reply to peers (or me) on three separate days, for a total of three replies. Participation posts do not require a scholarly source/citation (unless you cite someone else’s work). Part of your weekly participation includes viewing the weekly announcement and attesting to watching it in the comments. These announcements are made to ensure you understand everything that is due during the week.

• APA Format and Writing Quality

Familiarize yourself with the APA format and practice using it correctly. It is used for most writing assignments for your degree. Visit the Writing Center in the Student Success Center, under the Resources tab in Loud-cloud for APA paper templates, citation examples, tips, etc. Points will be deducted for poor use of APA format or absence of APA format (if required). Cite all sources of information! When in doubt, cite the source. Paraphrasing also requires a citation. I highly recommend using the APA Publication Manual, 6th edition.

• Use of Direct Quotes

I discourage over-utilization of direct quotes in DQs and assignments at the Master’s level and deduct points accordingly. As Masters’ level students, it is important that you be able to critically analyze and interpret information from journal articles and other resources. Simply restating someone else’s words does not demonstrate an understanding of the content or critical analysis of the content. It is best to paraphrase content and cite your source.

• LopesWrite Policy

For assignments that need to be submitted to Lopes Write, please be sure you have received your report and Similarity Index (SI) percentage BEFORE you do a “final submit” to me. Once you have received your report, please review it. This report will show you grammatical, punctuation, and spelling errors that can easily be fixed. Take the extra few minutes to review instead of getting counted off for these mistakes. Review your similarities. Did you forget to cite something? Did you not paraphrase well enough? Is your paper made up of someone else’s thoughts more than your own? Visit the Writing Center in the Student Success Center, under the Resources tab in Loud-cloud for tips on improving your paper and SI score.

• Late Policy

The university’s policy on late assignments is a 10% penalty PER DAY LATE. This also applies to late DQ replies. Please communicate with me if you anticipate having to submit an assignment late. I am happy to be flexible, with advance notice. We may be able to work out an extension based on extenuating circumstances. If you do not communicate with me before submitting an assignment late, the GCU late policy will be in effect. I do not accept assignments that are two or more weeks late unless we have worked out an extension. As per policy, no assignments are accepted after the last day of class. Any assignment submitted after midnight on the last day of class will not be accepted for grading.

• Communication

Communication is so very important. There are multiple ways to communicate with me: Questions to Instructor Forum: This is a great place to ask course content or assignment questions. If you have a question, there is a good chance one of your peers does as well. This is a public forum for the class. Individual Forum: This is a private forum to ask me questions or send me messages. This will be checked at least once every 24 hours. BUS340 DQ’s – Discussion Questions and Responses

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