Posted: September 12th, 2022

Law and Ethics

Law and Ethics
Business Law – Final

Please find our final exam. It is composed of ten (10) questions like those hypothetical questions that we have had over the semester. Each question requires you to provide sound substantive legal and ethical reasoning that you have studied over the semester which supports your position/answer for each of the questions, and where appropriate, a reference to a case or a law. Please be sure to use your own original answers and responses to the questions. Turnitin will be used to check the originality of the paper.

1-Fully explain the concept of and differences between state and federal court jurisdictions. Explain the standard used to establish jurisdiction for Internet companies in legal matters. Be sure to cite case law to support your position.
2-April is at home when a commercial painter’s truck pulls up in front of her house. After checking the address on his assignment sheet, the painter starts erecting ladders against April’s house and, as April watches, the painter begins unloading brushes, rollers, and cans of paint. April has not contracted with this company, but the company has mistakenly put the wrong address on the painter’s assignment sheet. April stands outside watching the painters begin to paint the house but she says nothing about the fact that she did not hire them and does not try to stop them. She is getting into her car to go to the store as the painter is just finishing and he presents her with a bill.
Is she obligated to pay? What would be the legal arguments supporting the painters’ position? What would be the legal arguments to support April’s position? Are there ethical arguments? Be sure to provide specific legal justification to support your position.

3- Amos owns a piece of land along a country dirt road. Very few cars use the road, and the land is relatively secluded. One day Amos hears that the county is planning to build a major highway that will go right along the border of his property. He checks the newspaper and sees that plans to build the road are being made and funds are being arranged. Amos immediately drains his modest bank account and borrows money from his family and friends to erect a diner on his property to attract the highway drivers. Just as he finishes construction of the diner, the county changes its plans and decides to build the highway along another route, miles from Amos’s property. Amos now has a shiny new diner, miles from any traffic and essentially in the middle of nowhere. What legal options does Amos have, if any? Please be sure to provide specific legal reasons and justifications to support your position.

4- Robin has just graduated with an MS in elementary education. He sends his résumé to a number of school boards, and one writes back offering an interview for a kindergarten position. When Robin arrives at the interview, it is obvious that the interviewers had expected a female. They ask a few general questions and conclude the interview. Two days later he gets a rejection letter. He later finds out that a female applicant with only a bachelor’s degree was hired. He believes that he has been discriminated against due to sex, and he files a complaint with the EEOC. The school district defends by saying that kindergarten teachers are traditionally female and that the parents’ preference is for a female to conduct the class.
Is the school board justified in its actions, and will its defense be effective? Be specific in analyzing the arguments that might be presented by both the school board and Robin and why you believe Robin or the school board will prevail in this case.

5- Carla has just passed the bar exam and is ready to start practicing law. She draws up articles of incorporation for her law practice and puts them into the mail to the appropriate state office. After leaving the post office, she immediately drives to an office building and rents an office, signing a commercial lease on behalf of Carla’s Law Services, Inc. A week later she discovers that her uncle, who was going to lend her money to start her business, has filed for bankruptcy and is unable to provide her with the promised funds. She realizes that she cannot open her solo firm and accepts a position working for a different local law firm.
Discuss Carla’s legal liability for the commercial lease she signed for the office. Be specific in supporting your positions.

6- Officer Kent is a 25-year veteran of the state police force. He has conducted thousands of investigations and made thousands of arrests. One day he when he was patrolling a known drug area, he saw a well-dressed man and woman continually looking around while waiting and talking on a street corner. He approached them and conducted a pat-down search of each, finding two marijuana joints in the man’s pocket but nothing on the woman’s person. He then forced the woman to empty her purse, which contained a packet of cocaine. He arrested them and took them back to the station. When asked by his superior what made him think the couple was culpable, he said, “25 years of experience and a feeling in my gut.”
Will the drugs be admitted into evidence at their trial? Explain the specific legal factors that support your side of the argument to admit or exclude the drugs.

7- Dover is the state capital of Delaware. The primary road that bisects the city is Route 13, which was, many years ago, a primary road for travel up and down the east coast. As it goes through Dover, Route 13 is a four-lane road with two lanes in each direction. There are no other major through roads. Due to an influx of industry both north and south of the city, along with increased population in and around the city, the four lanes of Route 13 are often clogged and the traffic is very slow moving. Dover Downs attracts over 100,000 NASCAR fans, and their vehicles, twice a year, and a new convention center/hotel/casino has recently been built, attracting hundreds of visitors a day. The city wants to widen Route 13, but all land adjacent to the road is privately owned.
What rights does the city of Dover have, and what can the city do? Explain fully.

8- Manny, Moe, and Jack are hunters. In 1990 they discovered what appeared to be a deserted hunting lodge in the woods. The lodge had no indoor plumbing, no running water, and no heating system other than a fireplace. The building is a 1-mile hike from the nearest road. Every year since 1990, they have returned to the lodge and used it as a base during the deer and elk hunting seasons in the fall and winter months. They spend a total of six weeks per year using the lodge. They have cleaned, cut, and stacked firewood and even stored clothing inside the lodge when they were not there. The owner of the lodge had noticed the stacked firewood but had not traveled to the lodge during hunting season to find out who was using the property even though he was disturbed that the property was being used without his permission.
After the statutory period has run, have Manny, Moe, and Jack acquired title to the property? Explain your position by discussing all of the factors of the appropriate law.

9- Name the factors the Federal Trademark Dilution Act sets forth for courts to consider in determining whether dilution by blurring has occurred.

10- Valarie is employed as a sales representative at a major corporation. On occasion, she feels that the men at her office stare at her, and they occasionally make suggestive comments that upset her and make her uncomfortable. When she complains to her human resource department, the department informs her that it will send out a memo asking the male employees to start acting more professionally but it doesn’t feel that the conduct has broken any laws. When she says the company and the male employees are not acting ethically, that implies that this is a legal but not an ethical matter.

Do you agree or disagree, and why? Please provide specific justification to support your answer.

Law and Ethics
Q1. State courts and local courts are established by the states, cities or counties. States courts are established to hear cases concerning citizens and laws regarding the state. Federal courts are developed under the United States constitution which takes care of cases against the United States as well as certain federal laws. The difference between the state court and the federal courts is defined by the jurisdiction where each court specializes in various types of cases.
The federal court hear cases related to the constitution, bankruptcy, patent and copyright issues, disputes between citizens of different states as well as cases where the United States is a party (Shelfer, 2018). The federal court includes the United States Supreme Court which is the last stop because the Supreme Court is not designed to listen to every case but makes decisions on the cases to hear. Federal district courts are created by congress where cases are listened before reaching the Supreme Court.
State courts deal with many cases that citizens are involved with for instance robbery, traffic violation, family disputes and contract disputes almost all cases against the law. State courts handle more cases because the courts are closer and relate closely with the public compared to federal courts. State courts have other courts such as the Supreme Court, an appellate court and the trial level court.
Trial courts are led by one judge while state courts are governed by different judges who are elected or appointed (Shelfer, 2018). All criminal cases involving violation of state laws are tried in state courts while those against the federal laws are tried in the federal court for example trafficking of illegal drugs from one country to the United States or through the United States is a federal case tried in federal court. Some state laws violate the constitutional right where the accused have the right to take the case to federal court to demand freedom and rights according to constitutional law. Some cases are under both the federal and state laws for instance cases concerning discrimination of individuals, especially in employment discrimination.
The use of the internet is wide and the activities going on through the internet are many therefore it is hard to trace and capture every person in the world. The internet company jurisdiction goes through jurisdiction if the company has caused harm to particular individuals where the plaintiff sues a defendant which is known as “personal jurisdiction”. For instance, the internet company can be sued by citizens or individuals for various cases that may be within the state or from outside the state affecting the state, for instance, the use of “long-arm” statutes in reaching for the United States non-citizens.
Cases dealing with the internet in the United States are dealt both from residents and non-residents for instance cases such as zippo manufacturing and zippo.com. Additionally, international cases of the internet are only dealt with if the case has a direct effect on the USA but limits its jurisdiction to other cases (Shelfer, 2018). The internet cases in the USA relating from one state to another as well as those related to copyright and trademark are tried in federal court.
Q2. According to business ethics , one has the right to cancel a service. Canceling uncontracted service is important before the beginning of the service, for instance, it was important for April to cancel the service after checking the address and realizing it was a wrong address (Quarshie, Salmi, and Leuschner, 2016). Although not all services can be canceled all services rendered should be paid for. If April had a problem with the service provided she should have talked to the provider or contact the company provider to explain the problem. April and the company issue is a business ethics issue which could be solved by the use of written and unwritten agreement between the service provider and receiver.
Missing details about a client is the most common mistake most companies do. For example, clients name and address is important before taking any action. Other details include payment terms, due date, invoice number and many more. The company has no evidence to certify that April had contracted with the company therefore the issue and loss will fall under the company. Although it is unethical for April not notifying the company of rendering the right service to a wrong client as well as in case April required the service and showed interest to the service it means that April was ready to pay for the services. Ethically organizations or companies should be aware of the consequences of decisions and mistakes made by the company which aligns with the community needs and ethical behaviors.
Q3. Amos had the legal option before deciding to construct the dinner due to the Fifth Amendment clause which gives citizens the right and freedom to property especially the private and unrestricted public property. Additionally, the power of eminent domain states that the government has the right to take private property for public use which should be fairly compensated by the government.
The Fifth Amendment supports fair compensation of the land where the value of the land is determined which includes the price in which Amos would sell the piece of land to other people. The value of the land depends on the size, where most of the time the value is not negotiated upon because the government has limited time. In case the government denies that the land is privately owned the owner has the right to take an inverse condemnation aiming at getting compensation from the government. In case the county decides to destroy Amos property Amos has the right to file for condemnation proceedings supported by an attorney.
Q4. According to United States laws employment discrimination protects individuals against sexual discrimination on hiring and promotion as well as sexual harassment at the workplace (Dessaint, Golubov, and Volpin, 2017). Employment discrimination is a case for both the state and the federal government where the laws are taken seriously in the fifth and fourteenth amendments. According to fair labor, standard acts if workers perform equal work, in a job demanding equal skill, effort, and responsibility as well as under similar conditions all employees should receive equal pair.
Additionally, the civil rights act prohibits discrimination in employment based on race or gender where it is illegal to discriminate a person during the hiring or referring applicants. According to terms and conditions of employment through collective bargaining, no one should be discriminated from getting a job regardless of gender, therefore, Robin has the right to have the job as a kindergarten teacher regardless of gender. An individual with all qualifications, skills, and responsibilities should be given equal rights to acquire a specific job regardless of sex or race.
The school defense will not be effective because employment laws state clearly about employment discrimination as well as the civil rights act (Dessaint, Golubov, and Volpin, 2017). Robin will win the case because the individual had qualified for the interview before the school making changes. The act could not have been sex discrimination if the school had specified on the gender before asking for resumes from applicants. On hiring and referring applicants it is illegal to discriminate a person based on gender.
Q5. Carla is a real estate developer under a private investor of commercial real estate. According to laws Carla is expected to control her funds. The law under the tenant section 365, the tenant has the right to remain in possession of the leased office where Carla can sell properties in the office as well as clear interest. In case the landlord rejects the lease Carla has the right under section 365 of bankruptcy code to vacate the office including the assets. Carla’s commercial lease is unexpired therefore the office is still in effect according to the rental agreement. Carla is supposed to file for bankruptcy, from there the tenant will have the right to assume the premises. Carla should write a notice to the creditor on the statement of intention as well as the bankruptcy papers and indicate the inability to afford the premises (Lash, 2017). Termination of commercial lease enables the individual free from any responsibility and any debt from Carla will be discharged in the bankruptcy.
Q6. Possession of illicit drugs of any amount is prohibited for instance possession of cocaine, heroin, and marijuana in some cases which are considered to be a federal crime against the constitution. Possession of drug laws is different considering factors such as the number of drugs, as well as the number of times the individual is found guilty for the same crime and the type of drugs. The war on drugs has increased the penalties for the possession of drugs where the man and woman found in possession of cocaine and marijuana can be punished severely. Marijuana and cocaine fall under most abused drugs as well as the same drugs are highly addictive and accepted for medical use although with the controlled amount. The drugs will be admitted as evidence in court because the law and constitution are against the possession of drugs.
Q7. The federal and state laws and constitutions involve “eminent domain” where the law allows the city government to take private land for public use only if the government provides just compensation to the owner of the property which is known as condemnation (Lash, 2017). Due to developments cities expand and extend towards public properties such as roads, communication lines, and many others. The government has the power to acquire private land under eminent domain to save and secure the public from inadequate infrastructure, for instance, the road not being enough to serve the city of Dover.
The government takes possession of the private land by first identifying the private property to be affected for instance the convention center hotel in Dover city. Once the Dover state government determines the property the price and value for the property are identified through estimation and the property owner is offered the price where the government buys the land (Lash, 2017). In case the property owner disagrees with Dover state government price, the issue is taken to condemnation proceedings where the owner is given a chance to name the price with the support of an attorney. Additionally, in case the owner claims the size of property to be owned by the government is big, the government has no right to invade the owner’s property rights to a greater extent not necessary to accomplish the specified purpose.
Q8. According to property laws, no individual has the right to access private property without the owner’s permission what Manny, Moe, and Jack did during the hunting period. Individuals can access public property although not all public properties where the access is given by the government. Private properties are restricted and accessed by the owners where in case of need permission can be granted or declined. Moe and Jack have trespassed a private property which is a criminal offense. Where consent is granted the practice is not considered as an offense (Lash, 2017). According to property rights, individuals can only acquire and own property through an agreement with the owner, through homesteading, voluntary sharing or inheritance or charity which includes, owning an unowned property where the property taken over by the hunters is already owned.
Manny, Moe, and Jack did not carry out a title search before getting a title for the property which may bring about problems in the future. A title search is conducted by examining public records about the property ownership as well as history. The title owned by the hunters is invalid because the property is already owned which will be a court case of who owns the property supported by written documents.
Q9. The trademark dilution act is covered by the federal laws where the owner of the trademark is supposed to provide the likelihood of confusion to secure the mark. Under the federal dilution act, only popular marks are protected against dilution as well as the duration the mark has been in use (Dessaint, Golubov, and Volpin, 2017). Most trademark owners complain of dilution even when the party involves have goods and services not related to the individual’s trademark. In case of dilution the infringing party id made to stop using the mark. Companies or individuals claiming for dilution are expected to have valid evidence and not the likelihood of dilution to occur.
After the revision of the dilution act, ways to determine the fame of the mark is through the recognition of the mark, registration of the mark, the number of sales made from the mark in the certain geographical area as well as the duration of use. The dilution of blurry is the issue arising from the famous mark and a similar mark where the court considers relevance of blurry through checking on the degree of similarity, the rate of recognition of the famous mark, whether the user of the mark had intentions to use the mark, the level of the acquired distinctiveness of the famous mark as well as probability of the user to create an association with the famous mark.
Q10. I disagree because Valarie not receiving attention and the company not taking into consideration she complains is both a legal and unethical matter. Uncomfortable comments from men at work are sexual harassment through the stares and the suggestive comments which make Valarie uncomfortable which is both unethical and legal issues (Dessaint, Golubov, and Volpin, 2017). Sexual harassment is under sexual discrimination which goes against the civil rights act which applies to employment agencies and labor organizations as well as the USA federal government. Suggestive comments and stares received by Valarie are examples of sexual harassment where victims face harassment from people of different gender in the same working environment.
Sexual harassment at the workplace should be eliminated by employers by taking appropriate and immediate action without hesitation. It is a legal issue for an employer not to take action against sexual harassment according to the United States standards and laws about employer liability for sexual harassment (Dessaint, Golubov, and Volpin, 2017). Commitment is expected from the employer and employees to identify the importance of fighting sexual harassment at the workplace through a statement of intent. Employers are expected to come up with anti-harassment policies and training programs for all employees. Unethically sexual harassment creates a hostile and uncomfortable environment for Valarie which would affect work performance or pressure to leave the job.

References
Dessaint, O., Golubov, A., & Volpin, P. (2017). Employment protection and takeovers. Journal of Financial Economics, 125(2), 369-388.
Lash, K. T. (2017). Enforcing the Rights of Due Process: The Original Relationship Between the Fourteenth Amendment and the 1866 Civil Rights Act. Geo. LJ, 106, 1389.
Quarshie, A. M., Salmi, A., & Leuschner, R. (2016). Sustainability and corporate social responsibility in supply chains: The state of research in supply chain management and business ethics journals. Journal of Purchasing and Supply Management, 22(2), 82-97.
Shelfer, L. F. (2018). The Supreme Court’s Original Jurisdiction Over Disputes Between the United States and a State. Buff. L. Rev., 66, 193.

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