BUSINESS LAW – As we move through the chapters each week, we’ll tackle discussion

As we move through the chapters each week, we’ll tackle discussion questions that are aimed at making the legal concepts as “real world” as possible. Keep in mind that whether there is a “right” or “wrong” answer to a discussion question, each student should approach the question with how do I apply what I’ve just read in the chapter to the question posed. If you merely discuss the question and write how you “feel” the case should be resolved, your discussion will be lacking in content and application of the legal concepts/rules.So here we go with Week 1. This week, we jump right into the basic framework our judicial system, the key Constitutional Amendments, and how a law suit proceeds from beginning to end and how sometimes the courts are avoided all together with mandatory arbitration.Discussion Question 1 – Mandatory ArbitrationPretend you just got hired for a part time summer job at a local party rental store. On your first day, the boss had you hurriedly sign all of the employment forms – and you complied since the morning rush was about to start (all the parents need the giant blow-up bounce houses). Once home you glance through the papers and notice in bold “mandatory arbitration” provision. Nothing really dawns on you until later that night when you happen to glance at your mail and contracts at home. The new credit card agreement, the cell phone contract, and the car loan paperwork all include mandatory arbitration. You read further and search online about these clauses and are bummed to find out that you can’t sue in court if anything should happen. You ponder your options – do you contact another bank to get a car loan? Do you search for a credit card without this clause? Do you approach your boss about changing the terms of the employment agreement or search for new job?Discuss in class whether any of these options are viable, whether you agree with mandatory arbitration, and why you think the courts have enforced these clauses even though they eliminate a citizen’s right to utilize the judicial process.Discussion Question 2 – JurisdictionYour boss at the party rental store knows that you’re an Internet whiz (he’s old school and can’t even check email). He has found a local distributor for the Monster Mash Jump House, but wants to know if he can get a better price online. You do your online research and find a great deal through an Ebay seller. According to the Ebay ad, a Viginia rental store has one for sale – the online price is $500 less than the local distributor. You rush to tell your boss the good news but he just sits there with a stern face. Finally, he says, “I’ve been thinking. What if something goes wrong – like they never deliver it or it’s defective? What if I have to sue them? We’re located in Dallas, Texas. “When discussing this issue, do not assume or discuss any Ebay buyer protection program. You need to determine the appropriate jurisdiction for the Ebay transaction described above and explain how you arrived at your conclusion based upon the legal concepts and case law in the text. Based upon your conclusions, which deal would you recommend to your boss? Explain.Discussion Question 3 – ConstitutionThe part time job at the party rental store is going fine, but you need more hours. So, you hear that there’s an opening at Big Box Hardware. You fill out the job application and during your interview the store manager asks you for your login id and passwords for all social media sites like Twitter and Facebook. He tells you that Big Box does this for all applicants as part of the hiring process. He also shares that if you’re hired, you will be required to sign an employment agreement that prohibits employees from posting any negative or derogatory statements on any social media site.Discuss what legal issues are presented here and whether you have a strong legal argument to refuse to comply with Big Box requests. Minimum 2 paragraphs and incorporate 2 different terms/phrases from this week’s constitutional reading (in all CAPS).

 

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