Category: Business Law

I have Uploaded the assignmnt.. Please aslo Respond to two discussion Post.. 
Case 34-2 Doe v. Uber
184 F. SUPP. 3D 774 (2016)

Jury 1 T – Z (first letter of last name) DUE at 11pm
22 unread replies.22 replies.
The Case of the Customer Who Died to Soon
Facts: On October 26, a Topaz Country Life Insurance agent went to the house of Cynthia and Stan Williams. He persuaded the Williams to buy a life insurance policy and accepted a check for $1,600. On his way out the door, he gave the Williams a “conditional receipt for medical policy,” dated that day. The form stated that the Williams would have a valid life insurance policy with Topaz Country Life, effective October 26, but only when all conditions were met. The most important of these conditions was that the Topaz Country Life home office accept the Williams as medical risks after the company scheduled a medical examination. The Williams were pleased with the new policy and glad that it was effective that same day.
Stan died in a car accident three weeks later. Topaz Country Life declined the Williams as medical risks and refused to issue a policy. Cynthia Williams sued. Topaz Country Life pointed out that medical approval was a condition to being covered. In other words, the company argued that the policy would be effective as of October 26, but only if it later decided to make the policy effective. It had not made that decision as of the date of Stan’s death.
At Trial
Plaintiff argued that the policy was a scam. The so called “conditional receipt for medical policy” is designed to trick customers and then steal their money. The company leads people to believe they are covered as of the day they write the check. But they aren’t covered until much later, when the insurer gets around to deciding the applicant’s medical status.
The company gets the customer’s money right away and gives nothing in exchange. If the company, after taking its time, decides the applicant is not medically fit, it returns the money, having used it for weeks or even months to earn interest. If, on the other hand, the insurance company decides the applicant is a good bet, it then issues the policy effective for weeks or months in the past, when coverage is of no use. No one can die retroactively. The company is being paid for a period during which it had no risk.
Defendant, Topaz Country Life, argued that it would be impracticable for Topaz Country Life to issue life insurance policies without doing a medical check. That is the road to bankruptcy and would mean that no one could obtain this valuable coverage. They further argued that they do a medical inquiry as quickly as possible as it is in their interest to get the policy decided one way or the other.
The policy clearly stated that coverage was effective only when approved by the home office, after all inquiries were made. The Williams knew that as well as the agent. If they were covered immediately, why would the company do a medical check? Questions:
Does the clause making the policy effective only after a medical examination violate public policy? Explain
What other basis for a lawsuit might Cynthia have against the insurance company? Explain
Based on your answers to Nos. 1 and 2 who will win this case and why?
Search entries or author

Jury 1 Aa – Az (first letter of last name) DUE at 11pm
99 unread replies.99 replies.
Case of Global Ethics vs. Global Economy
This is a case that will be tried in the court of Public Opinion.
Topanga Shoe Company, a United States corporation, buys clothing assembled by Corkie, LTD., a foreign company that employs children under 12 years of age. These children work nine hour days and for low pay. Corkie’s nation does not enforce its child labor laws limiting workdays to seven hours for children under 12. Many times the children’s income is needed by the family for basic necessities. Topanga and Corkie are aware of this.
Humanitarian International Politics (HIP), an international political activist organization, discovered Topanga’s connection to Corkie, LTD. HIP plans to reveal this information to the press and on social media. Topanga hears about this proposed action by HIP. Before HIP can act, Topanga terminates its relationship with Corkie. Topanga then publicizes this action in its advertising. The company’s sales and profits increase, apparently as a direct result.
Has Topanga acted unethically in any way(s)? Explain using one of the ethical philosophies from the readings and facts from the scenario.
From an ethical perspective, is Topanga’s conduct in terminating its relationship with Corkie more important than whatever its motive might be? Why or why not?

I have uploaded the directions and included the link to help with the assignment.
https://casetext.com/case/trs-of-empire-state-carpenters-annuity-v-business

Many union jobs have bargaining agreements that contain arbitration clauses. Arbitration clauses are also common in many other types of agreements, such as car and equipment leases, insurance contracts, construction/contractor’s agreements, financial and securities brokerage agreements and public contracts. What about individual employment contracts? Can they contain arbitration clauses? Read the Third Circuit Court of Appeals case of Great Western Mtge. Corp. v. Peacock, 110 F.3d 222 (3d Cir. 1997) and explain why the federal appeals court thought it was fair to compel plaintiff to arbitrate her sexual harassment/civil rights claims against her employer when, at the time she was employed, she had to sign a form agreeing to enter into an arbitration agreement as a condition of her hiring but had not had been given a full copy of that agreement. Do you think that the result was a fair one? If you are employed, check your hiring paperwork and company’s policies/procedures manual to determine which, if any, potential disputes you might be required to arbitrate and let us know what your situation is in that regard. If not, what other agreements, consumer or otherwise, that you’ve entered into have arbitration agreements contained within them?

Jury 1 B – E (first letter of last name) DUE at 11pm
99 unread replies.99 replies.
The Case of the Customer Who Died to Soon
Facts: On October 26, a Ruby Country Life Insurance agent went to the house of Penny and Chip Singh. He persuaded the Singhs to buy a life insurance policy and accepted a check for $1,600. On his way out the door, he gave the Singhs a “conditional receipt for medical policy,” dated that day. The form stated that the Singhs would have a valid life insurance policy with Ruby Country Life, effective October 26, but only when all conditions were met. The most important of these conditions was that the Ruby Country Life home office accept the Singhs as medical risks after the company scheduled a medical examination. The Singhs were pleased with the new policy and glad that it was effective that same day.
Chip died in a car accident three weeks later. Ruby Country Life declined the Singhs as medical risks and refused to issue a policy. Penny Singh sued. Ruby Country Life pointed out that medical approval was a condition to being covered. In other words, the company argued that the policy would be effective as of October 26, but only if it later decided to make the policy effective. It had not made that decision as of the date of Chip’s death.
At Trial
Plaintiff argued that the policy was a scam. The so called “conditional receipt for medical policy” is designed to trick customers and then steal their money. The company leads people to believe they are covered as of the day they write the check. But they aren’t covered until much later, when the insurer gets around to deciding the applicant’s medical status.
The company gets the customer’s money right away and gives nothing in exchange. If the company, after taking its time, decides the applicant is not medically fit, it returns the money, having used it for weeks or even months to earn interest. If, on the other hand, the insurance company decides the applicant is a good bet, it then issues the policy effective for weeks or months in the past, when coverage is of no use. No one can die retroactively. The company is being paid for a period during which it had no risk.
Defendant, Ruby Country Life, argued that it would be impracticable for Ruby Country Life to issue life insurance policies without doing a medical check. That is the road to bankruptcy and would mean that no one could obtain this valuable coverage. They further argued that they do a medical inquiry as quickly as possible as it is in their interest to get the policy decided one way or the other.
The policy clearly stated that coverage was effective only when approved by the home office, after all inquiries were made. The Singhs knew that as well as the agent. If they were covered immediately, why would the company do a medical check? Questions:
Does the clause making the policy effective only after a medical examination violate public policy? Explain
What other basis for a lawsuit might Penny have against the insurance company? Explain
Based on your answers to Nos. 1 and 2 who will win this case and why?

implement the IRAC (Issue, Rule, Analysis, Conclusion) method. You can use either the APA or MLA formats. Be certain to completely cite all your authorities. Footnotes or endnotes are acceptable.
A “business law topic” is purposefully broad to allow you to write on a topic related to your particular major. If the subject is covered in Cheeseman or a business publication, it is fertile ground for your paper. Ideally, the paper will serve as a foundation for other endeavors undertaken in your area of emphasis.
I expect you to conduct legal research using library resources, academic journals, and reviews, publications e.g., Wall Street Journal, Barons, Business Week, Harvard Business Review, Economist and online resources, and interviews. No WIKIPEDIA, textbook, or Griffis lecture references or citations, I want original verifiable research and cited authorities. WIKIPEDIA is a good place to find source material, but do not cite the site.
be sure to pass turnitin detector

Student: __________________________________________
CHAPTER 2 HOMEWORK/BUSINESS LAW I/TORRES
Section I. Complete the Sentence. (Max. Points for Section = 20 Points). This Section contains ten (10) questions that require Students to read Chapter 2 and fill in the blank to complete the sentence correctly. Each correct response in this section is worth two (2) points. All work must be your own without assistance or input from anyone else.
.
1.State trial court systems, like the New Jersey Superior Court, are typically referred to as courts of _________ jurisdiction. [Hint: Answer “General” or “Limited”]
2. The Constitution of the United States sets forth the judicial power of the United States Supreme Court and the jurisdiction of the Supreme Court in Article ________. 3. The United States Bankruptcy Court is an example of an “inferior” court of __________ jurisdiction created by Congress pursuant to the Constitutional grant of authority contained in Article III, Section 1 of the U.S. Constitution. [Hint: Answer “General” or “Limited”]
4. Subject matter jurisdiction is required to file a federal lawsuit and is satisfied in civil suits when either the United States is a party, a federal question arises under the U.S. Constitution or federal statute, or where there is ______________ jurisdiction, meaning the parties involve citizens in different states with damage claims in excess of $75,000.
5. The trial courts for the State of New Jersey are referred to generally as the ___________ Court of New Jersey.
6. The federal trial courts are known formally as the United States _________ Courts.
7. The federal appeals court for the State of New York is known formally as the __________ Circuit Court of Appeals.
8. The federal appeals court for the State of California is known formally as the __________ Circuit Court of Appeals.
9. An appellate court can overturn the decision of a trial court based on ___________ error if it finds any of the following: a trial court made a mistake in applying the law, the jury’s factual findings were not reasonably supported by the evidence or evidence was admitted that is highly prejudicial.
10. The Original Jurisdiction of the U.S. Supreme Court permits the filing of a case in the first instance in the Supreme Court in those types of cases expressly identified in Article III, Section of the U.S. Constitution. Most cases heard by the Supreme Court, however, require the parties to seek the permission from the Court to accept their case. The order by the U.S. Supreme Court that is issued to grant the parties a right of appellate review before the Supreme Court is called a Writ of __________________.
. Section II. Short Answer/Critical Thought Section. (Max. Points for this Section = 20 Points). This Section contains three questions for a maximum point total worth twenty points. Write your response in proper sentences and paragraph form. A. Explain what a “Judgment” is and identify three ways in which a party who is awarded a money judgment can compel payment of that judgment from a Defendant who refuses to pay that money judgment entered against him or her. (8 pts) B. What is required of a party to obtain a “summary judgment” successfully? (6 pts)
C. Explain two significant advantages of choosing an alternative dispute resolution method, such as arbitration or mediation, over the filing of a lawsuit for a commercial or business dispute. (6 pts)
.
Section III. Practical Skills Section. (Max. Points for this Section = 10 Points). This Section consists of one Question, with various subparts, that requires you to attempt to find and read a judicial opinion. You might choose to review the short video entitled “How to Read a Case and Understand What it Means” posted on Canvas for this course under Week No. 3. Perform the basic functions required by each of the questions below and respond directly to the questions posed in their respective subparts. All work must be your own without assistance or input from anyone else.
. Q1. Read the case of Atalese v. U.S. Legal Services Grp., L.P. (2014), and respond to the following questions about the Court’s decision. The Atalese case can be accessed through the following link:
https://caselaw.findlaw.com/nj-supreme-court/1678725.html A. Who is the Plaintiff in this case? (2 Points)
B. Identify the Court that issued the Opinion and state whether it is a federal or state court. (2 Points)
C. Arbitration has a favored status in the law. Are arbitration agreements always enforceable? (1 Points)
D. In the Atalese case, the New Jersey Supreme Court cited the lower court’s recognition of the validity of arbitration clauses in commercial contracts. The Court noted the general legal principle that “an arbitration provision will be enforced so long as it is ‘sufficiently clear, unambiguously worded, satisfactorily distinguished from the other [a]greement terms, and … provide[s] a consumer with reasonable notice of the requirement to arbitrate.’” However, in the Atalese case, the New Jersey Supreme Court determined that the arbitration clause was not legally enforceable. Explain why the Supreme Court disagreed with and reversed the lower courts’ decisions and what kind of language does the NJ Supreme Court now require in arbitration clauses or agreements? (5 Points)
Section IV. Optional Extra Credit. (Max. Extra Credit Points = 5 Points) Former President Donald J. Trump is currently a Defendant in several judicial proceedings in our nation. Choose one of the proceedings in which he is a Defendant and identify: (a) the Court that he is a Defendant in; (b) whether the Court is a state or federal court; (c) the nature of the proceeding, i.e., a civil complaint or criminal prosecution; and (d) the name of the appellate court that an appeal would be filed in by the unsuccessful party.

Jury 1 – O – S (first letter of last name) DUE at 11pm
22 unread replies.22 replies.
You’re on the Jury : The Case of the Politically Incorrect Sign
Disturbed by the number and variety of signs that individuals were putting up within its borders, a City passed an ordinance prohibiting all signs on private property except in commercial areas for advertising. Sam, a homeowner, pasted a sign on the front door of his house containing an American flag with these words underneath the flag: “Down with the Mayor and the City Council – Our rights are being violated”. He then went door to door in his neighborhood passing out copies of this sign and asking his neighbors to display it as well. Sam was arrested for violating the ordinance.
The Trial
During the trial, a witness for the City described how many signs had appeared in the past on homes and on lawns for commercial home businesses, ruining the appearance of the community. He explained that many other cities and towns had experienced the same problems and that the ordinance was reasonable and the only way to solve the problem. The restriction, he said, was content neutral as it was addressing a societal problem. Sam testified that the sign he had put up was a small one and that other City residents had raised flags on national holidays and put up signs showing their patriotism. None of these residents had been arrested.
The Arguments at Trial
The City’s attorney argued that a city had the authority to regulate signs within its borders to protect the appearance and value of properties. She further argued that the ordinance did not unduly restrict free speech as there were other ways for residents to express their views: radio, television, and the newspapers. Sam’s attorney argued that the regulation violated the freedom of speech provisions of the federal constitution, was too broad, too vague, and was unreasonable. He argued that the City could have limited the ordinance by restricting signs over a certain size and in certain locations. He further argued that it was unreasonable to restrict the expression of opinions except for the use of the media.
Discussion Questions to be Answered
Who has the stronger arguments, the City or Sam? Why?
What are the laws here that are being applied and is their application proper?
If you were the on the jury hearing this case, for whom would you decide? Why?

FINAL Trial REPORT Guidelines
COMPREHENSIVE FINAL: NON JURY TRIAL & WRITTEN REPORT     
Following are topics with fact scenarios for a series of Trials. Each student will select a case and a role to represent as their attorney and advocate.  There will be plaintiffs, defendants, victims, police, District Attorneys, US Attorneys and other parties with an interest in the trial scenario.  Again, you will select a party in one of the cases you wish to represent for the trial report.  This process WILL BE your final exam.
You are an advocate, so develop your case from their perspective.  As their advocate and representative, you will prepare a written report in support of your “client” from the various areas of the law that we have covered in Business Law II this semester.  EACH STUDENT must select a role and turn in an individual report to receive credit for a final exam.
Process and Structure of the trial report for BLS 112 –
STEP 1.      CITATION – “Case #_______ , and which Client                                                         Name_(Your Name)__
STEP 2.      State the FACTS – Describe the situation your client finds themselves in.  There are intentional “holes” or gaps in the fact scenarios.  This allows you the ‘license’ to make some assumptions…perhaps several assumptions.
STEP 3.      List the assumptions you are making…ie… the plaintiff was a minor, or elderly, or of diminished capacity…. Resident of a particular state…
STEP 4.      State the ISSUES – What the issues at Law?  On the basis of the facts given and your assumptions, develop your case.  Defend your positions with the law we have covered.
STEP 5.      Make your SUMMATION – petition the court for the action you wish that it takes to seek justice or equity for your client….and Why ?  Based on what?
You are encouraged to seek and include outside research.  One caveat….please cite your research material in your written report.  This trial must be an original document.  The only “cut & paste” or AI permissible is a quotation of law, which must be cited.
All work should be submitted on Brightspace, as you have done on previous assignments this semester.
How long should it be?  Depends on your case/role selection.  Not all roles are created equal… Some will need to be longer than others…keep this in mind when selecting your case and role.  Don’t necessarily go for the shortest role because it may be easier…. This report is worth 40% of your semester grade.  Do you really want to hang that weight on a scenario where all you could come up with was 2 pages ?
I expect this to be several pages.  They are generally around 10….including exhibits, attachments, and cited research. I have seen as much as 40.
You must select a CASE # and CLIENT.