Case Law Analysis: Business Entities

Anonymous

Question Description

Write a two page paper. All instructions are attached. Look at the distinguished column in the Rurbic and address all points. Please make sure all bullet points below are addressed.


Research federal and state court cases pertaining to the topic of business entities. Select one court case and write an analysis that addresses the following:

  1. Articulate the importance, context, purpose, and relevance of law in a business environment:
    • Identify the parties who are before the court.
    • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs.
    • Identify the specific disagreement between the parties.
    • Explain the ruling of the court in no more than 1–2 paragraphs.
  2. Evaluate key judicial concepts that influence the decisions related to business:
    • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
    • Do you agree with the court's decision? Why or why not?

Unformatted Attachment Preview

9/8/2018 Assessment 4 – BUS-FP3021 - Summer 2018 - Section 02 Assessment 4 Tutorials Case Law Analysis: Business Entities Details Attempt 1 Available Support Attempt 2 Log Out Felicia Smith Attempt 3 Overview Write a 2-page analysis of a selected federal or state court case pertaining to the topic of business entities. By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria: Competency 1: Articulate the importance, context, purpose, and relevance of law in a business environment. Articulate the importance, context, purpose, and relevance of law in a business environment. Competency 4: Evaluate legal options for creating a business entity. Evaluate legal options for creating a business entity. Competency 5: Develop information literacy skills as applied to business law. Exhibit information literacy skills as applied to business law. Competency Map Use this online tool to track your performance and progress through your course. CHECK YOUR PROGRESS SHOW LESS  Context Most organizations identify themselves as a specific type of business entity, such as a corporation or a partnership, for legal purposes. The types of legal entities that are available are dictated by public policy. Read the Assessment 4 Context document for important information related to the following topics: Why the Form of Business Entity Is Important. The Notion of Limited Liability. Corporations and Piercing the Corporate Veil. Agency – What It Is and What It Is Not. Questions to Consider To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community. https://courserooma.capella.edu/webapps/blackboard/content/listContent.jsp?course_id=_122168_1&content_id=_6474282_1&mode=reset 1/4 9/8/2018 Assessment 4 – BUS-FP3021 - Summer 2018 - Section 02 What are the advantages and disadvantages of forming a limited liability company? Tutorials Log Out Smith Should a member of a limited liability company be liableSupport for obligations that arise after the Felicia member has left the company? How can a corporation be properly punished if it commits a tort or a crime? Are the steps required to incorporate an organization too easy or too difficult? Should shareholders be held personally liable for the wrongdoing of the corporations in which they hold shares? Under what circumstances should members of the board of directors be held personally liable for the wrongdoing of the corporations they govern? Is it ever a good idea to do business without creating some form of a limited liability business organization? What are the factors to consider when deciding whether to buy into a franchise such as McDonalds? What are the differences between a partnership and a limited liability business organization? How might different corporate entities impact entrepreneurial interests in relation to the global economy? Are the protections afforded corporate officers warranted in today's business landscape? Given the litigation landscape of the modern United States, how could the protections that the courts provide to companies and partnerships be improved? Are there elements of the different business entities that should be strengthened, weakened, or eliminated altogether? SHOW LESS  Resources Suggested Resources The following optional resources are provided to support you in completing the assessment or to provide a helpful context. For additional resources, refer to the Research Resources and Supplemental Resources in the left navigation menu of your courseroom. Capella Resources Click the links provided to view the following resources: Assessment 4 Context. Capella Multimedia Click the links provided below to view the following multimedia pieces: Analyzing a Case Law | Transcript. Throughout this course, you will be required to submit case law analysis papers. This multimedia presentation points out key areas of a case law. Use this presentation to help you complete your case analyses. Refer to this media as often as you need to. Business Law Foundational Concepts | Transcript. This media piece offers interactive flashcards that you can use to learn (or review) foundational terms and concepts in business law. Refer to this study aid often and as needed. Library Resources The following e-books or articles from the Capella University Library are linked directly in this course: DuBoff, L. D. (2004). The law (in plain English) for small business. Naperville, IL: Sphinx Publishing. Course Library Guide A Capella University library guide has been created specifically for your use in this course. You are encouraged to refer to the resources in the BUS-FP3021– Fundamentals of Business Law Library Guide to help direct your research. Pay particular attention to the Capella University Library Legal Research Library Guide linked within. https://courserooma.capella.edu/webapps/blackboard/content/listContent.jsp?course_id=_122168_1&content_id=_6474282_1&mode=reset 2/4 9/8/2018 Assessment 4 – BUS-FP3021 - Summer 2018 - Section 02 Internet Resources Support Log URLs Out change frequently. Felicia Smith Access the following resources by clicking the linksTutorials provided. Please note that Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication. Nolo. (2013). Nolo law for all. Retrieved from http://www.nolo.com This resource provides helpful background on a range of legal issues. You may find the Free Legal Information section of the site particularly helpful. Your assessments throughout this course will be case law analysis papers based on real-world court decisions you will choose and research independently. The following suggested resources provide helpful methods of locating relevant cases: FindLaw. (2013). US Supreme Court opinions. Retrieved from www.findlaw.com/casecode/supreme.html Cornell University Law School – Legal Information Institute (LII). (n.d.). Supreme Court: Most recent decisions. Retrieved from www.law.cornell.edu/supct Nolo. (2011). US Supreme Court center. Retrieved from http://supreme.nolo.com Oyez, Inc. (2011). U.S. Supreme Court media – Cases. Retrieved from http://www.oyez.org/cases Bookstore Resources The resources listed below are relevant to the topics and assessments in this course and are not required. Unless noted otherwise, these materials are available for purchase from the Capella University Bookstore. When searching the bookstore, be sure to look for the Course ID with the specific –FP (FlexPath) course designation. Miller, R. L., & Cross, F. B. (2018). The legal environment of business: Text and cases (10th ed.). Boston, MA: Cengage. SHOW LESS  Assessment Instructions Research federal and state court cases pertaining to the topic of business entities. Select one court case and write an analysis that addresses the following: 1. Articulate the importance, context, purpose, and relevance of law in a business environment: Identify the parties who are before the court. Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs. Identify the specific disagreement between the parties. Explain the ruling of the court in no more than 1–2 paragraphs. 2. Evaluate key judicial concepts that influence the decisions related to business: Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision. Do you agree with the court's decision? Why or why not? Your analysis should be no more than two double-spaced pages in length. References and citations should adhere to APA formatting and style guidelines. Case Law Analysis: Business Entities Scoring Guide Use the scoring guide to enhance your learning. VIEW SCORING GUIDE https://courserooma.capella.edu/webapps/blackboard/content/listContent.jsp?course_id=_122168_1&content_id=_6474282_1&mode=reset 3/4 9/8/2018 Assessment 4 – BUS-FP3021 - Summer 2018 - Section 02 Tutorials Support How to Log Out use the scoring guide Felicia Smith SUBMIT ASSESSMENT This button will take you to the next available assessment attempt tab, where you will be able to submit your assessment. https://courserooma.capella.edu/webapps/blackboard/content/listContent.jsp?course_id=_122168_1&content_id=_6474282_1&mode=reset 4/4 Assessment 4 Context Product Lifecycle The length of the lifecycle will vary from market to market. Jell-O is an excellent example of a mature product that has survived many years. When it was nearly discontinued many years ago, a new promotional campaign was introduced that boosted it back to prominence. Jell-O used "there's always room for Jell-O" as well as "watch it wiggle" messages to reposition what was a dying product. Since then, Jell-O has expanded its product premise (with products such as Pudding Pops) to reinforce the total brand successfully. The Jell-O corporation also identified market segments (kids, desserts, snacks, and so forth) that could be successfully targeted while reaching for further market development and sales growth. "Just as biological cycles progress from birth through growth and decline, so do product life cycles...a product has four major stages: introduction, growth, maturity, and decline" (Pride & Ferrell, 2000). The tasks of a marketer differ in each of the phases of a product or service lifecycle.  Introduction: In the introductory stage of the lifecycle, sales and profits are zero, and the marketing challenge is to bring the product to market by arranging for distribution, initial promotion, consumer awareness, and positioning.  Growth: The growth state of the cycle is often marked by the rapid increase of sales and profits, the appearance of competition, and pressure to lower prices and add new product features.  Maturity: Maturity sees the leveling of demand for a product, declines in profits and pricing, lower promotional costs, expansion into less profitable markets, and the exit of some competitors from the market.  Decline: During a product's declining phase, sales fall rapidly, and the product may be discontinued or relegated to a small niche within a company's offerings. Promotional spending is generally very low on a product in this stage, and clearance pricing is often evident. These are general trends for each lifecycle stage. For each product, service, or even brand, the conditions, as will the length of the cycle, may vary. A product lifecycle may be as short as a few months (a fad) or it may last well over 100 years (Coke, Pepsi, and Levi's). New products with better materials, better technology, or different fashions may force a product into early retirement. The Product Lifecycle image shows the cycle in terms of sales and profitability. When a product is successfully introduced into a market (or, sometimes, creates a new market), it generates a rapid increase in sales, ramping up in the introduction BUS-FP3030 Assessment 4 Context 1 Assessment 4 Context stage. As the market matures, sales decline and profits slow or dwindle. The profit curve grows much more slowly than the sales curve, and begins the decline faster than sales. Market Segmentation "A market segment consists of individuals, groups, or organizations with one or more similar characteristics that cause them to have relatively similar product needs" (Pride & Ferrell, 2000). Market segmentation is the division of markets into logical pieces. This is a primary task of the marketer within the organization. Markets can be divided into consumer markets (users who plan on consuming or benefiting directly from a product purchase) and organizational or business-to-business markets, where products are typically bought for use in making other products or for institutional use. Consumer market segments are profiled in a variety of ways, according to variables such as demographics, psychographics, geography, and behavior. If you conduct an Internet search for "consumer market profile example" or "target market profile example," you will find that a broad range of variables are used to define a market segment, often depending on the type of product or service involved. Reference Pride, W., & Ferrell, O. (2000). Marketing: Concepts and strategies. New York, NY: Houghton/Mifflin. BUS-FP3030 Assessment 4 Context 2 9/8/2018 Case Law Analysis: Business Entities Scoring Guide Case Law Analysis: Business Entities Scoring Guide CRITERIA NON-PERFORMANCE BASIC PROFICIENT DISTINGUISHED Articulate the importance, context, purpose, and relevance of law in a business environment. Does not elaborate on the importance, context, purpose, and relevance of law in a business environment. Elaborates on the importance, context, purpose, and relevance of law in a business environment. Articulates the importance, context, purpose, and relevance of law in a business environment. Summarizes the importance, context, purpose, and relevance of law in a business environment, and presents the facts of the case to illustrate the context, purpose, and relevance. Exhibit information literacy skills as applied to business law. Does not exhibit any information literacy skills as applied to business law. Exhibits inconsistent information literacy skills as applied to business law, or uses sources of questionable credibility. Exhibits information literacy skills as applied to business law. Exhibits information literacy skills as applied to business law, and supports statements with legal research from credible legal research databases and online resources. Evaluate legal options for creating a business entity. Does not summarize the legal options for creating a business entity. Summarizes the legal options for creating a business entity. Evaluates the legal options for creating a business entity. Evaluates the legal options for creating a business entity, provides examples, and cites dissenting rules and reasons for dissent. https://courserooma.capella.edu/bbcswebdav/institution/BUS-FP/BUS-FP3021/180100/Scoring_Guides/u04a1_scoring_guide.html 1/1 ...
Purchase answer to see full attachment

Tutor Answer

nkostas
School: UT Austin

Attached.

Business Entities
Statement Thesis: Generally, no business can survive in the absence of a law governing the
business entities. The law provides guidance on how the business should carry out its operations.
That is, the law states on how different individuals such as shareholders, owner, employees,
customers, and any other person in connection to the business should relate to one another.
I.

The Relevance of Business Law in Business Environment

II.

Martin ROTH et al., Appellees, vs. Gerald J. OPIELA et al., Appellants.

III.

Court Decision

IV.

My Opinion on the Court’s Decision


Running head: BUSINESS ENTITIES

1

Business Entities

Institution Affiliation

Date

BUSINESS ENTITIES
The Relevance of Business Law in Business Environment
Generally, no business can survive in the absence of a law governing the business
entities. The law provides guidance on how the company should carry out its operations. That is,
the law states on how different individuals such as shareholders, owner, employe...

flag Report DMCA
Review

Anonymous
awesome work thanks

Similar Questions
Related Tags

Brown University





1271 Tutors

California Institute of Technology




2131 Tutors

Carnegie Mellon University




982 Tutors

Columbia University





1256 Tutors

Dartmouth University





2113 Tutors

Emory University





2279 Tutors

Harvard University





599 Tutors

Massachusetts Institute of Technology



2319 Tutors

New York University





1645 Tutors

Notre Dam University





1911 Tutors

Oklahoma University





2122 Tutors

Pennsylvania State University





932 Tutors

Princeton University





1211 Tutors

Stanford University





983 Tutors

University of California





1282 Tutors

Oxford University





123 Tutors

Yale University





2325 Tutors