...LAW 531 ENTIRE COURSE To purchase this visit here: http://www.activitymode.com/product/law-531-entire-course/ Contact us at: SUPPORT@ACTIVITYMODE.COM LAW 531 ENTIRE COURSE LAW-531 Final Exam Three Sets LAW-531-Week-1-Assignment-ADR-Clause-for-Learning-Team-Charter LAW-531-Week-1-DQs LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-1 LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-2 LAW-531-Week-2-Assignment-Recognizing-and-Minimizing-Tort-and-Regulatory-Risk LAW-531-Week-2-DQs LAW-531-Week-3-Assignment-Recognizing-Contract-Risk-and-Opportunities LAW-531-Week-3-DQs LAW-531-Week-4-Assignment-Legal-Risk-and-Opportunity-in-Employment LAW-531-Week-4-DQs LAW-531-Week-5-DQs LAW-531-Week-5-Risk-Arising-in-Tangible-Property-and-Intellectual-Property LAW-531-Week-6-Assignment-Corporate-Compliance-Plan LAW-531-Week-6-DQs Activity mode aims to provide quality study notes and tutorials to the students of LAW 531 ENTIRE COURSE in order to ace their studies. LAW 531 ENTIRE COURSE To purchase this visit here: http://www.activitymode.com/product/law-531-entire-course/ Contact us at: SUPPORT@ACTIVITYMODE.COM LAW 531 ENTIRE COURSE LAW-531 Final Exam Three Sets LAW-531-Week-1-Assignment-ADR-Clause-for-Learning-Team-Charter LAW-531-Week-1-DQs LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-1 LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-2 LAW-531-Week-2-Assignment-Recognizing-and-Minimizing-Tort-and-Regulatory-Risk ...
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...Legal Risk and Opportunity Law/531 Legal Risk and Opportunity in Employment Business Law- LAW/531 Legal Risk and Opportunity in Employment Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did acknowledge that the company had an “at will” policy when terminating employees. WireTech presented Clark with an employee manual upon hiring him that states,“ If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective actions plan” (Syllabus, 2010). Unfortunately, WireTech never put Clark on a corrective action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being...
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...Recognizing Contract Risk and Opportunities LAW/531 Introduction Contracts are a binding, critical part of any business deal between two or more parties. Because of the binding promise between these parties it is important that the contract is clearly worded, negotiated if-need-be, and reviewed before they are signed by all applicable parties. Cheeseman (2010) stated “A contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty” (Chpt 9, Para 2). The following Memo will identify the legal issues presented in the Contract Creation and Management Simulation as well as identify what a manager may do to avoid theses risks and minimize liabilities. Business Memo -- Confidential TO: Project Leadership Team Span Systems – Kevin Grant, Harold Smith FROM: Mike Myers, Project Manager Span Systems DATE: 03/20/2011 SUBJECT: Contract Risk and Opportunities between Span Systems and Citizen-Schwarz AG CC: Board directors The one-year contract written between Span Systems (Span) and Citizen-Schwarz AG (C-S) to develop banking software has recently met with some serious concern regarding if it can remain intact as it currently stands. Recently Leon Ther: the IT outsourcing director of C-S sent a letter stating that “C-S cannot afford scheduled slips because of its deadlines for the release of transaction software in...
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...Recognizing Contract Risk and Opportunities Memo Law 531 Charles Cook January 31, 2011 Recognizing Contract Risk and Opportunities Memo DATE: January 31, 2011 TO: Kevin Grant Harold Smith Leon Ther FROM: Michelle Boldt RE: Banking Software Contract Issues Due to recent negotiations with the binding contract between Span Systems and Citizen-Schwarz AG (C-S), necessary changes have come to light. After thorough discussions between myself , Span Systems legal team, and CS's negotiator, Leon Ther, three major amendments within the contract have been agreed upon. Contract clause breaches Performance While performance has been under par in relationship to C-S's requirements, debate over the additional changes within the product specifications have clouded efforts. Communications and Reporting The change in project management disrupted the flow of work in respect to communication and project expectations. While it was a deficiency on Span's ability to work continuously through the changes, with the weakness identified and addressed, this issue can be corrected and avoided in the future. Requirements Changes In the recent past, C-S presented numerous changes in specifications, time requirements placed additional hardships on the production and design team. Thus, disrupting the agreed upon time frame. Legal principles The majority of clause issues within the contract revolve around a lack of communication. While Span addresses...
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...Contract Risk and Opportunities LAW/531 Jonathan Jamieson April 19, 2010 CERTIFICATE OF ORIGINALITY: I certify that the attached paper is my original work. I affirm that I have not submitted any portion of this paper to any previous course, and neither has anyone else. I confirm that I have cited all sources from which I used language, ideas, and information, whether quoted verbatim or paraphrased. Any assistance I received while producing this paper has been acknowledged in the References section. I have obtained written permission from the copyright holder for any trademarked material, logos, images from the Internet, or other sources. I further agree that my name typed on the line below is intended to have, and shall have, the same validity as my handwritten signature. Student's signature (name typed here is equivalent to a signature): Allison L. Sutton . Contract Risk and Opportunities A contract has been created between Span Systems, a custom e-banking software developer, and Citizen-Schwartz (C-S), a German bank attempting to enter the fiercely competitive U.S. banking market. The legal risks presented during the contract performance causes both companies to disagree on principle points leading to renegotiation efforts by Span Systems to salvage the contract (University of Phoenix, 2010). Differences in contract term interpretation and disputes over contract management can lead to a decrease in production, severance of business...
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...Contract Risk and Opportunities LAW/531 Jonathan Jamieson April 19, 2010 CERTIFICATE OF ORIGINALITY: I certify that the attached paper is my original work. I affirm that I have not submitted any portion of this paper to any previous course, and neither has anyone else. I confirm that I have cited all sources from which I used language, ideas, and information, whether quoted verbatim or paraphrased. Any assistance I received while producing this paper has been acknowledged in the References section. I have obtained written permission from the copyright holder for any trademarked material, logos, images from the Internet, or other sources. I further agree that my name typed on the line below is intended to have, and shall have, the same validity as my handwritten signature. Student's signature (name typed here is equivalent to a signature): Allison L. Sutton . Contract Risk and Opportunities A contract has been created between Span Systems, a custom e-banking software developer, and Citizen-Schwartz (C-S), a German bank attempting to enter the fiercely competitive U.S. banking market. The legal risks presented during the contract performance causes both companies to disagree on principle points leading to renegotiation efforts by Span Systems to salvage the contract (University of Phoenix, 2010). Differences in contract term interpretation and disputes over contract management can lead to a decrease in production, severance of business...
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...Memo: InterClean – EnviroTech Merger Name HRM/531 Date Instructor Name InterClean, Inc Memo DATE: March 1, 2005 TO: Sales Department - Supervisors FROM: Sue Smith, Sales Manager RE: Management Behavior – InterClean Inc., - EnviroTech, Inc., Merger ------------------------------------------------- I am writing as a follow-up to the recent team meeting in which we discussed the pending merger with EnviroTech, Inc. As we discussed at the meeting, it is critical to the success of our company to ensure that the sales management team exhibits behaviors that support the merger, optimizes profitability during and after the transition, and we support staff before, during and after the changes that we are about to face. As we discussed, I expect you to ensure we maintain worker productivity, meet or exceed all human resource management legal requirements, and maintain or promote diversity within the workforce. Behaviors that support productivity As supervisors you can have a significant impact on your team’s productivity. This is particularly true during turbulent times when there is a tendency for employee morale to dip, feelings of insecurity to rise, and stress to run rampant. These factors can lead to absenteeism, tardiness, work stoppages, and other productivity drains. In the extreme, seasoned professionals that believe that their positions are at risk may seek positions elsewhere leading to organizational brain drain, and the need...
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...Legal Risk and Opportunity in Employment Law 531 Charles Cook February 7, 2011 Legal Risk and Opportunity in Employment Legal Encounter 1 NewCorp violated a breach of contract with Pat in this case. While NewCorp is an “at-will” employer, they provided an employee handbook to Pat which outlined the procedure for disciplinary process involving the requirement of corrective action. NewCorp failed to follow their own process which supports the wrongful termination suit. Additionally, the case law which would be applicable to this case is Dillon v. Champion Jogbra, Inc. The case has many similarities which can support Pat's claim of wrongful discharge. For example, the implied contract relating to the action stated within the employee handbook to follow a procedure for discipline and/or corrective action prior to discharge. Because NewCorp did not imply that the employee handbook was not a contract at any point within the handbook. Therefore, Pat has grounds for action against NewCorp. Legal Encounter 2 NewCorp has two issues to face in this scenario. The first being the sexual harassment by Sam toward Paula. Sexual harassment is “defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or submission to or rejection of the conduct...
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...LAW 531 Week 2 Quiz To Buy This material Click below link http://www.uoptutors.com/LAW-531/LAW-531-Week-2-Quiz LAW 531 Week 2 Quiz 1.) Which of the following is a key element of successful Enterprise Risk Management? Legal counsel Strong investment strategies Nondisclosure agreements Management commitment 2.) According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care. comparative negligence assumption of risk strict liability contributive negligence 3.) Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation? Mary can file a negligence lawsuit against the dealership that sold John his car. Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car. Mary can file a strict liability lawsuit against John. John can file a negligence lawsuit against the dealership from which he bought the car. 4.) Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process. informal one-time static ongoing 5.) Assuming that statutory requirements have been met, what is protected under merchant protection statutes? Merchants are protected from the intentional torts of their customers. Merchants are protected from negligence claims...
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...Greentree Financial Corp.-Ala.v.Randolph The Legal Environment of Business Abstract This paper is a brief introduction and discussion about a Supreme Court case- Greentree Corp. Ala. v. Randolph, which focuses on Contract Law and some concepts of arbitration. There are also some personal analysis and view about the case. Finally, some inspirations will be listed as impressions and for further discussion. Finally, a brief conclusion will be summarized at the end of the paper. The paper aims at restoring the reality of the case. Citations from the original sources have been listed in the sentences and at the end of the paper. In consideration of author’s limited knowledge and information sources, there will be inevitable mistakes and errors in the paper, all the criticisms corrected are welcomed by the readers. Content Introduction Background: Among the liberties secured by the Constitution is the right to have suits at common law decided by a jury (U.S. CONST. amend. VII) .The enactment of the Federal Arbitration Act 2 (FAA) in 1925 produced a critical qualification to this right, allowing commercial entities to agree to resolve a contractual dispute through binding arbitration agreements(9 U.S.C. § 2 (2000)). In Green Tree Financial Corp.-Alabama v. Randolph, the Supreme Court announced that, for consumers, the right to a trial by jury had been further qualified...
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...Business Regulation and Essential Risk Management Lamont Clark, Cristina Mancha, Bobby Jo Sonon, Gwendolyn Wilson, Arnie Zhang, Business Law/531 22 April 2012 John Fossum Business Regulation and Essential Risk Management Common law placed the risk of loss to goods on the party who held title to the goods. Article 2 of the Uniform Commercial Code (UCC) rejects this notion and adopts concise rules for risk of loss that are not tied to title. It also gives the parties to a sales contract the right to insure the goods against loss if they have an “insurable interest” in the goods (Cheeseman, 2010 p.296). Enterprise risk management is processes to achieve future strategic objectives try to control the results that uncertain factors cause, which are expected acceptable ranges that ensure and promote the realization of the overall interests of the organization. Enterprise risk management (ERM) framework is the integration concept on the basis of the internal control framework of Fraudulent Financial Reporting National Committee of Sponsoring Organizations Commission (COSO) belonging to the Treadway Commission in September 2004. ERM is participated by the Board of Directors, management and other employees, which uses in Strategy formulation and identifies possible potential impacts on matters of the enterprise. It also manages risks within the scope of its risk appetite. ERM provides reasonable protection for the enterprise to achieve the objective. ...
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...Legal Risk & Opportunity in Employment Joe Kroeger Business Law 531 January 10, 2011 Marlene Wilhite Legal Risk & Opportunity in Employment The following assessment will discuss legal risks and opportunities in employment law when discussing three different scenarios at WireTech. I will discuss what WireTech’s liability is and what legal principles are relevant to the situation. In Legal Encounter 1, Clark was discharged after three months without any indication of unsatisfactory performance. WireTech’s liability is that they discharged Clark verbally and not in writing. Upon Clark accepting employment it stated that the employee would be notified of unsatisfactory job performance and placed on a corrective probationary period. If the employee’s performance did not improve within the specified time period, discharge would happen. In this encounter, Clark voiced his opinion in a school board meeting that was apparently unpopular. Clark felt that this contributed to his termination. Although Clark signed that he understood that the company observed employment at will regarding termination, I believe that his opinion at the board meeting is the reason that he was terminated. To me, this was an intentional termination due to discrimination. He was discriminated against due to his position at the school board meeting. “In a case involving intentional discrimination, the aggrieved party can recover compensatory damages. A court can award punitive damages against an employer...
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...Recognizing Contract Risks and Opportunities Jennifer Breeden Law/531 Business Law March 6, 2011 Monica Cosentino-Benedict Recognizing Contract Risks and Opportunities MEMO To: Span Systems Management From: Jennifer Breeden Date: March 6, 2011 ------------------------------------------------- Subject: Recognizing Contract Risks and Opportunities The purpose of this memo will be to analyze the recent contract between Span Systems (Span) and Citizen – Schwarz AG Bank (C-S). This contract’s purpose was to have Span build a transaction processing-based software system for C-S and in return C-S would pay $6 million dollars (University of Phoenix, 2002). These two companies come up against many disagreements about the language and meanings of the contract. In the end, Span worked very hard to renegotiate the clauses of the contract to continue a positive working relationship with C-S. This memo reviews the legal risks, liabilities, and opportunities that occurred during this process to make future business with C-S and other companies to come more enjoyable for both sides. Risks and Liabilities A breach of contract is the first accusation C-S made of Span, which starts the list of risks and liabilities. C-S said that the deliverables were below the standards agreed upon and were not delivered on time. C-S claimed that Span was producing deliverables of substantial performance, meaning that they were below standards set up in the contract. Span could have...
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...Legal Risk and Opportunity in Employment (New Corp Scenarios) LAW/531 – Business Law University of Phoenix February 23, 2011 Scenario One In this scenario New Corp is liable for wrongful termination. Unfair treatment was being displayed when pat was terminated. There had been no discussion between Pat and New Corp informing him that his job was in jeopardy or that he needed to improve his performance in any areas. Pat signed an agreement when hired for New Corp which stated that if his job performance became an issue he would be reprimanded and put on a corrective action plan to hopefully increase his productivity. There is no precise wrongful termination law but Pat’s situation is considered part of the discrimination law. Since voicing his opinion in a board meeting that was thought to be unpopular Pat feels like he has been discriminated against and treated unfairly by New Corp management. Also the contract that Pat signed has been breached because he never received notice that there was a problem with his performance. Instead he only received notice that he would be discharged which is in violation of the contract signed. New Corp will start working on these legal issues to make sure this situation doesn’t come up again. Scenario Two In the case with Sam New Corp is liable for a sexual harassment. He violated this policy when he became involved with Paul and exhibited unwelcome behaviors, even after she told him to stop. Sexual harassment is violating a law...
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...Law/531 January 9, 2012 Ayodeji Badaki Riordan Corporate Compliance Plan As an international plastics manufacturer employing 550 workers and $46 million in projected annual revenues, Riordan Manufacturing Corporation is focused providing customer product solutions and promoting a climate that focuses on the long term viability of the company. An important part of providing customer product solutions is being able to establish long term relationships with clients. This means that the company strives for transparency and ethics in it business dealings with all stakeholders. In the changing, fast moving and global business world today, it is essential that officers and directors are equipped with the resources to analyze and make decisions quickly. Equally important is the ability to assess and mitigate the risks associated with doing business both locally and abroad. This corporate compliance plan serves as the formal written document that outlines the process Riordan uses to both establish and maintain compliance with all applicable federal, state, local and international laws. Legal liabilities of Officers and Directors Riordan is committed to creating a corporation of well informed and properly supported employees that will provide a climate focused on the long term viability of the company (Riordan mission). In order to meet this commitment, it is essential that the officers and directors work to emulate this commitment in decision making and treatment of the...
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