MGMT520 Legal Political Ethical Course

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MGMT520 Legal Political Ethical Course
In 1996, the Commonwealth of Massachusetts passed a law barring governmental…

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MGMT520 Legal Political Ethical Course

MGMT520 Legal Political Ethical Course

A+ Entire Course: Case Analysis Week 2-7| Course Project Group Case Analysis Week 2-8| Discussions Week 1-7

Case Analysis Week 2-7 

PowerPoint Presentations & Speaker Notes Included

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Crosby v National Foreign Trade Council – Case Analysis Week 2

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CASE 8-2

Supreme Court of the United States 530 U.S. 363 (2000)

In 1996, the Commonwealth of Massachusetts passed a law barring governmental entities in Massachusetts from buying goods or services from companies doing business with Burma (Myanmar). Subsequently, the U.S. Congress enacted federal legislation imposing mandatory and conditional sanctions on Burma. The Massachusetts law was inconsistent with the new federal legislation. The National Foreign Trade Council sued on behalf of its several members, claiming that the Massachusetts law unconstitutionally infringed on the federal foreign-affairs power, violated the Foreign Commerce Clause of the U.S. Constitution, and was preempted by the subsequent federal legislation. The district and appeals courts ruled in favor of the council, and the Commonwealth appealed…

MGMT520 Legal Political Ethical Course

Boomer et al. v. Atlantic Cement Co. – Case Analysis Week 3 

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Case 22-1

New York State Court of Appeals 257 N.E.2d 870 (1970)

Defendant Atlantic Cement Company operated a large cement plant that emitted considerable amounts of dirt and smoke into the air. These emissions, combined with vibrations from the plant, caused damage to the plaintiffs, Boomer and other owners of property located close to the plant. The plaintiffs brought a nuisance action against the defendant, seeking an injunction. The trial court ruled in favor of the defendants; it found a nuisance but denied plaintiffs the injunction they sought. The plaintiffs appealed to the intermediate appellate court, and the judgment of the trial court was affirmed in favor of the defendant. The plaintiffs then appealed to the state’s highest appellate court…

Audito v. City of Providence – Case Analysis Week 4 

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CASE 9-4

United States District Court, District of Rhode Island 263 F.Supp.2d 2358 (2003)

The city of Providence, Rhode Island, decided to hire a class of police officers in 2001. All had to graduate from the Providence Police Academy to be eligible. Two sessions were held. To be qualified, the applicants to the academy had to pass a series of tests and be deemed qualified after an interview. Those judged most qualified were sent a letter informing them that they had been selected to attend the academy if they completed a medical checkup and a psychological exam. The letter for the applicants to the 61st Academy, dated October 15, stated that it was a “conditional offer of employment.”

Meanwhile, a new chief of police was appointed in Providence. He changed the selection process, which caused some who had received the letter to be rejected. Audito and 13 newly rejected applicants (who had completed the examination) sued the City of Providence in federal district court, seeking a halt to the 61st Academy unless they attended. The plaintiffs alleged in part that the city was in breach of its contract…

MGMT520 Legal Political Ethical Course

McMillan v. City of New York – Case Analysis Week 5 

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CASE 21-5

United States Court of Appeals for the Second Circuit 2013 U.S. App. LEXIS 4454 (2013)

Rodney McMillan had schizophrenia, which was treated with medication regularly. Despite this condition, McMillan held employment as a Case Manager for the HRA Community Alternative Systems Agency (CASA). His job duties included conducting annual home visits, processing social assessments, recertifying clients’ Medicaid eligibility, and making referrals. At McMillan’s place of employment, there was a “flex-time policy” which allowed employees to arrive at work anytime between 9:00am and 10:00am. More specifically, employees were not considered “late” to the office unless they arrived after 10:15am. Further, an employee’s tardiness could be approved or disapproved by that person’s supervisor.

McMillan testified in court that he usually woke up around 7:00am or 7:30am each morning, but his medications for schizophrenia made him “drowsy and sluggish.” As a result, McMillan often arrived late to work, around 11:00am. The Defendant City of New York did not contest that the reason for McMillan’s frequent tardiness was the treatment for his disability. For a period of time, McMillan’s tardiness was continuously approved by his supervisor. However, in 2008, McMillan’s supervisor Loshun Thornton, refused to approve any more of McMillan’s late arrivals. Later, on May 8, 2009, McMillan was fined for eight days’ pay for his late arrivals, and in 2010 the City brought charges of “misconduct and/or incompetence” against McMillan…

Miller v. McCalla, Raymer Padrick and Clark, LLC – Case Analysis Week 6 

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CASE 25-6

United States Court of Appeals for the Seventh Circuit 214 F.3d 872 (2000)

Miller (plaintiff) sued McCalla (defendant) for violation of the FDCPA (Act) for failing to state “the amount of the debt” in a dunning letter that the defendant sent. The plaintiff argued that the relevant time for determining debt is when it first arises, not when collection begins. The defendants replied that they did state the amount of the debt.

The lower court granted summary judgment for the defendants. The plaintiff appealed…

MGMT520 Legal Political Ethical Course

Smith v. Van Gorkom Case Analysis Week 7 

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CASE 17-3

Delaware Supreme Court 488 A.2d 858 (1985)

In order to take advantage of a favorable tax situation, defendant Van Gorkom, chief executive of Trans Union Corporation (Trans Union or the Company), solicited a merger offer from Pritzker, an outside investor. Van Gorkom acted on his own and arbitrarily arrived at a buyout price of $55 per share. Without any investigation, the full Trans Union board accepted the offer informally.

The offer was proposed two more times before its formal acceptance by the board. Plaintiff Smith and other shareholders brought suit, claiming that the board had failed to give due consideration to the offer. The trial court held that the shareholder vote approving the merger should not be set aside because the stockholders had been “fairly informed” by the board of directors before they voted on it.

The court also found that, because the board had considered the offer three times before formally accepting it, the board had acted in an informed manner and was, therefore, entitled to the protection of the business judgment rule. The plaintiffs appealed…

MGMT520 Legal Political Ethical Course

Course Project – Case Analysis Week 2-8 

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TEAM REQUIREMENT

Each week (Weeks 2-7) as a team you are also responsible for a CASE ANALYSIS called the COURSE PROJECT. It is called the Course Project because you will compile all of your team cases as part of the Final Course Project submission. The team case is not assigned. You must find your own case! Keep in mind that your team was to choose a Fortune 50 company. You are to find cases relevant to your chosen company based on the weekly topics listed in the Course Project tab and below:

  • Week 2- Constitutional Issues, International Law issues or Administrative Agency issues
  • Week 3- Torts, Product Liability or Environmental law issues
  • Week 4- Contracts, Real Property or Intellectual Property issues
  • Week 5 – Employment law issues
  • Week 6 – Criminal, anti-Trust or debtor-creditor issues
  • Week 7 – Dispute issues (such as meditation), business associations or securities issues.

You have an option for weeks 2-7. You may complete the Case Analysis as a paper, presentation, or Voice Thread. I will leave that up to your team. If you choose a paper please limit it to no more than 4 pages. Presentations should be no more than 10 slides and must include notes at the bottom of each slide.

Do NOT forget that I will grade the Team Collaboration weekly based on YOUR participation with your group as you complete the weekly team assignment.

Your FINAL Team Course Project  (Week 8) must be a PRESENTATION. The Final course project will consist of a presentable and entertaining presentation (prezi/Power Point/Voicethread/Kaltura) and will be delivered in some form of participative/collaborative medium in Week 8 (Voice Thread/ScreenCastoMatic.

It is my hope that this clarifies the expectations. If you have any questions, please reach out to me!

United States v. Apple, Inc Course Project – Group Case Analysis Week 2 

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The case United States v. Apple, Inc. et al. involved the U.S. Department Of Justice as the plaintiff and Apple Inc., together with five of the biggest publishers in the U.S., as the defendants (Justia, 2017).  In particular, these publishers…

Iphone 4 Antennagate Suit Course Project – Group Case Analysis Week 3 

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The Iphone 4 Antennagate suit was a class action lawsuit filed by U.S. residents who purchased the Iphone 4 (plaintiffs) against Apple, Inc. (defendant). In particular, it involved 18…

Preview:

The launch of the iPhone 4 in 2010 came with a hardware design change where the antennas were moved outside the phone to allow Apple to make the phone thinner while also improving the…

MGMT520 Legal Political Ethical Course

Apple v Samsung Electronics Co. Course Project – Group Case Analysis Week 4 

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In April, 2011, Apple filed a lawsuit against Samsung, alleging that the Korean company had copied their designs of the iPad and iPhone (Guglielmo, 2012).  In June, 2011, Samsung filed a countersuit against Apple, saying…

Felczer v. Apple, Inc. Course Project – Group Case Analysis Week 5 

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In December, 2011, Brandon Felczer and other former Apple Store employees filed a case against Apple (Poeter, 2014b).  They accused the company of failure to provide timely meal and rest breaks; failure to provide accurate…

United States of America v. Paul Shin Devine and Andrew Ang

Course Project – Group Case Analysis Week 6 

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The case involves the United States of America as the plaintiff and Paul Shin Devine and Andrew Ang as the defendants. Devine is a former global supply manager of Apple while Ang is a former employee of Mould Manufacturing, an Apple…

Nokia v Apple Group Case Analysis Week 7 

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From 2011 to 2016, Apple has been paying Nokia modest royalties for the use of the latter’s patents (Goel and Scott, 2016, 2016).  This was based on Nokia’s claims that Apple and the manufacturers of Android-based phones would not…

MGMT520 Legal Political Ethical Course

Course Project – Group Case Analysis Week 8 

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The first case in this presentation that depicts constitutional issues, international law issues or administrative agency issues is United States v. Apple, Inc. et al. It involved the U.S. Department of Justice as the plaintiff and Apple Inc., together with five of the biggest…

MGMT520 Legal Political Ethical Course

Course Discussions Week 1-7 All Students Posts – 448 Pages 

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Court Systems and Jurisdiction – Supreme Court Sides with Walmart

Week 1 All Students Posts – 72 Pages

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Watch the video case study, then post your comments and discuss this case. This story is about the Supreme Court’s decision. What process did this case have to go through to get to the Supreme Court? Do you think that suing was good for the women in order to get the information in the public about Walmart? Do you think that there is anything we can do legally to address this unequal justice? By unequal I mean that it seems that big business has the money and means, yet the employees do not. Did majority opinion play a role in this case? If so, what was the role? Why do you feel as though the individual case was stronger than the group case? One theme is certainly how hard it is to prove challenging issues as well as how can you prove it when the policies are clear, but the culture does not support the policies? Do you think that the women and their legal team could have done anything differently for a more positive outcome?

My thoughts are that besides the women not having substantial proof, Walmart unfortunately had no discrimination policy that they could have used in their case in support of their plea. I believe this made things much more difficult despite having so many voices. No amount of voices mattered if there was nothing substantial to reckon with…

Constitutional Law for Business and E-Commerce

Week 2 All Students Posts -66 Pages 

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Watch the video case study and discuss the case emphasizing the connections between business, law, politics, and ethics. Do you think that requiring IDs is the best approach or is there another way to be effective? It is obvious that parents cannot have complete control. Children are in schools and other public settings where they can be exposed to violent video games. As such it is important for the government to take this into consideration and determine how best to protect all citizens. Class, any suggestions to address this challenging issue? If there is a law in place in a state then the vendors must abide by the law. Do you agree? Do you have any ideas on the responsibility of the parents to protect their children from violence? What restrictions do you suggest?

If you know that something is wrong and against your code of conduct what can you do legally? What are your thoughts on addressing this legally as well as morally?

I think the Supreme Court made the right decision in this case. This issue is more of a parenting decision whether parents feel comfortable allowing their kids to play such violent games. The Supreme Court even said they found no link between playing the games and increased violence in children. The government does not have the right to tell us how to raise our kids they are already too involved in our daily lives.

I have searched through all of the articles and amendments of the constitution and see nothing that makes me think they have powers to regulate the sale of video games. When it comes to the enforcement of laws, state laws of priority over the federal laws. The state is expected to handle any lawsuits that arise in their state first and only in circumstances where a resolution cannot be reached does it go to the Supreme Court. If the federal government passed a similar law its findings would take precedent over the state law…

MGMT520 Legal Political Ethical Course

Intentional Torts and Negligence

Week 3 All Students Posts – 58 Pages 

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Watch the video case study and discuss the case emphasizing the connections between business, law, politics, and ethics. Do you feel that the laws are clear and suitable for customers in this case? Why is understanding the difference between an intentional tort and negligence relevant to the case about hotel drains? Would a plaintiff meet the requirements of negligence if they sued a pool manufacturer for the danger? What defenses might that manufacturer have? Why should the manufacturer be involved in they are currently manufacturing safe drains? How do we know when those drains were purchased? Was a recall used in this case?

If a hotel has a pool that still utilizes a drain cover that is dangerous that hotel would be liable for a negligent tort, and likely even criminal charges. In order to meet the requirements for a negligence tort there are several factors the plaintiff must prove. The plaintiff must prove duty of care, a breach of said duty. The plaintiff must also prove there was causation and that there were resultant damages. Intentional torts are purposeful act to do harm. Negligence on the other hand is failing to act to solve a problem that can harm others…

MGMT520 Legal Political Ethical Course

Nature of Traditional and E-Contract

Week 4 All Students Posts – 56 Pages 

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Watch the video case study and discuss the case emphasizing the connections between business, law, politics, and ethics. Do you agree with results of the case?  Why of why not? Is it worth it for their image to settle or pay millions? In addition, the grocery store chain closed down. Was the lawsuit a contributing factor to the company’s demise? What type of case do you consider this to be and why? Do you think that the benefits to Taco Bell outweighed the monetary judgment?

The court ruling in favor of 50 Cent to me is quite fair because of some reasons. The first and most obvious one is the fact that they used his name without his permission, this is illegal particularly given the much influence his name has on the public. Secondly, the claims presented by 50Cent’s lawyer revealed that Taco had even defamed 50Cent by accusing him of issuing threats, stirring feuds and further filing unnecessary law suits. All this paints a picture of a desperate Taco, resorting to uninformed means to market its services and goods. I think the ruling was a good lesson to the Fast food restaurant…

Employment, Worker Protection, and Immigration Law

Week 5 All Students Posts – 71 Pages 

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Watch the video case study and discuss the case emphasizing the connections between business, law, politics, and ethics. What changes would you propose that would address the challenges with FMLA and paternity leave? What are your thoughts on how this can assist with addressing FMLA? Any idea on how this can be addressed? Under what authority in the constitution could Congress mandate that employers give paid leave for maternity or other family medical leave?

What the nation is trying to achieve with the medical leave is paid time off for maternity leave. I do not believe that the FMLA is written appropriately to meet the goals of paid maternity leave. FMLA covers certain conditions of parenthood for short term leaves of absence however these leaves of absence would be unpaid. FMLA allows for parental leave and intermittent parental leave. Parents may use FMLA leave as parental leave for the birth or adoption of a child at any point during the first year after the birth or adoption of the child. The one United States is currently the only first world country that offers no paid maternity leave. There does not appear to be any section of the constitution that specifically protects paid maternity leave…

Warranties

Week 6 All Students Posts – 67 Pages 

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Watch the video case study and discuss the case emphasizing the connections between business, law, politics, and ethics. Why is it important for a consumer to understand the different types of warranties? What can we learn, if anything as consumers, from this case?

As a consumer, I find myself always looking for some new or something better than what I have now and when I do find that I item I do find myself purchasing an extended warranty. Now, this video does give some good tips on what you should do before you purchase warranties on an item. Before this class, I have to say that I am one that calls or does research around extended warranties. After reviewing more around the new warranty called out in the video, I learned so much. Before this, I didn’t know there was a fitness for a particular purpose warranty. Also, to find out that even though a store has a no return policy that you can return the item if it does not do what it supposed to do. Like if I buy a toaster and it doesn’t toast I can return that toaster.

There was a time I didn’t but I run into the bad situation with a company because at the time I bought the warranty they told me if the item breaks, stop working or anything on this list you can bring it back to the store and we will exchange it out for you. Even if we don’t sell that same item or model, we will give you an upgrade at no extra cost. Sounded good to me, so about 17 months into the warranty the item stop charging, went into the store with my warranty paper, and asked them to replace the item. Not knowing to me, they changed the warranty policy 6 months before and no longer replace the item you had to send it in. Wait, but I had to call another company, setup an appointment for them to diagnose the items over the phone and then they would tell me if I could send it in. No, that was not going to work for me. So yes, I was an unhappy customer and the president of this company heard from me. After this happened I didn’t want to purchase any more extended warranties without researching it first.

I can say today, I purchased a backpack from a company called Timbutk2 and they have a lifetime warranty. This bag is 7 years old, I did send it in for repair once and the turn around time was fast and the quality of work was amazing…

Corporate Acquisitions and Multinational Corporations

Week 7 All Students Posts – 58 Pages 

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Watch the video case study and discuss the case emphasizing the connections between business, law, politics, and ethics. Do you feel that the company made the right decision for the long term success of the company? What is the status with retirees now? What are your thoughts on the choice made by the organization in this case? Was it fair to the employees? What are your thoughts on the decision of the company? Do you think it was the best action for the long term success of the business? Did you find that the merger did benefit the entire organization or were there challenges for some facets of the business?

Well this video on Chrysler really hit home for me. I worked at the Chrysler plant in Toledo Ohio during high school and college and remember going through all this stuff with the auto industry ten years ago. Obviously the FIAT merger was on everyone’s mind when I worked there as well. Many auto industry workers went through this process Ford and GM had talked about merging at one point during the auto industry crisis which now seems almost unthinkable. I know many of the retirees from Chrysler or those near retirement at the time were for the Fiat merger would have preferred to see the company liquidated and bought out by a more stable company financially. This would have more ensured their retirement funds. The downside to this of course was people like me who worked at the plant may have been out of a job.

Anyways to the video questions. The reason so many companies merge is two companies together can often create more shareholder value for their shareholders than they could as separate companies. The company has to obtain approval from the board of directors and it’s significant shareholders before trying to merge with another company. To me the customer relations issues and marketing issues aren’t as much of a hurdle for merging companies as merging product lines are. Unless one of the companies has had bad customer relations in the past this shouldn’t be an issue. The hardest part is merging product lines. The newly formed company has to decide what product lines to keep which to get rid of how to close off old product lines…

MGMT520 Legal Political Ethical Course

Keller