John, Lesa, and Tabir form a limited liability company. John contributes 60% of the capital, and Lesa and Tabir each contribute 2%. Nothing is decided about how profits will be divided. John assumes that he will be entitled to 60% of the profits, in accordance with his contribution. Lesa and Tabir, however, assume that the profits will be divided equally. A dispute over the profits arises, and ultimately a court has to decide the issue.
Use the IRAC structure to identify issues and apply law and facts to the case. The IRAC method has four steps:
Identify the issue.
Relevant law – Here you need to explain the law, not just state it. This could be sections/s of the Corporations Act or case law.
Application to the facts – the law is applied to the facts of the problem.
Conclusion
What law will the court apply?
In most states, what will result?
How could this dispute have been avoided in the first place?
Review the scenario and complete the activity below. This scenario can also be found in the “Questions & Problems” section of Ch. 6, “International and Comparative Law” in Dynamic Business Law.
In an interview published by The New York Times in February 1976, former Lockheed President A. Carl Kotchian defended the payment of bribes by the company as follows:
“Some call it gratuities. Some call them questionable payments. Some call it extortion. Some call it grease. Some call it bribery. I look at these payments as necessary to sell a product. I never felt I was doing anything wrong.”
More than 30 years later, Reinhard Siekaczek, an accountant employed by Siemens who oversaw an annual budget for questionable payments in excess of $50 million, stated:
“I never thought I would go to jail for my company. …We thought we had to do it. Otherwise, we would ruin the company. …People will only say about Siemens that they were unlucky and that they broke the Eleventh Commandment. The Eleventh Commandment is, ‘Don’t get caught.’”
You have been hired to assist ABC Multinational Company to help educate employees on ethical practices and corporate culture. More specifically, related to the Foreign Corrupt Practices Act, your role is to prevent situations described in the above scenario.
Create either a handout, job-aid, poster, or flier to educate employees on the Foreign Corrupt Practice Act. Complete the following for your educational tool:
Explain what the employees should know regarding the Foreign Corrupt Practices Act. Provide examples of Foreign Corrupt Practices Act violations. Identify company actions or red flags that might indicate violations of the Act. List any consequences of the violations. Recommend actions to report possible violations. Describe protections for whistleblowers. Why are they important? How do the protections impact the Act? Cite references to support your assignment.
choose one Supreme Court decision to evaluate that has impacted society in a positive or negative way. Below is a list of five societal issues for you to choose from along with example cases related to the issue.
Pro-life vs. reproductive rights. Dobbs v. Jackson Women’s Health Organization 597 US _ (2021) Citizenship rights for immigrants. Arizona v. United States 567 US _ (2012) Freedom of speech and religion. Republican Party of Minnesota v. White 536 US 765 (2002) LGBTQIA+ rights. Obergefell v. Hodges 576 US __ (2015) Workplace discrimination. Ledbetter v. Goodyear Tire & Rubber 550 US 618 (2007) Step 1: Decide which societal issue is most important to you or one you want to learn more about. Step 2: Research Supreme Court decisions and information related to the societal issue you chose.
Case Analysis Determine whether certain contract remedies exist in the following scenario:
Forrest Gump is a famous table tennis player. He enters into a contract with Alabama Sports Marketing to advertise the latest ping pong game and to serve as the computer-generated imagery (CGI) model for the development of the video game. Gump is perfect for this job as there are not many world famous ping pong players who have a following similar to his. The game is set to start development on March 1 and will be completed on July 31, so the game can be released at Thanksgiving—a major video game release period. Both parties have agreed and stipulated to the fact that the game must be completed on time to maximize the profits. Gump will make 20% of the net proceeds from the sales of the game. In addition, the contract has a liquidated damages clause that indicates that if Gump does not participate in the marketing, does not serve as the CGI model, or breaches the contract in any way, he will owe Alabama Sports Marketing $2 million.
Based on this fact pattern and the information presented in this unit, answer the following questions. Your response must be at least two pages in length and utilize key legal terms in contract law.
One day, Gump gets into an argument with the developer. Gump refuses to perform any work until the problem is solved. In this situation, can Alabama Sports Marketing seek specific performance of the contract? If yes, why? If no, why not? How would the court determine whether the liquidated damages clause is valid? Is this clause valid? Explain your answers. Evaluate the equitable and legal remedies available for breach of contract.
Case Analysis Determine whether certain contract remedies exist in the following scenario:
Forrest Gump is a famous table tennis player. He enters into a contract with Alabama Sports Marketing to advertise the latest ping pong game and to serve as the computer-generated imagery (CGI) model for the development of the video game. Gump is perfect for this job as there are not many world famous ping pong players who have a following similar to his. The game is set to start development on March 1 and will be completed on July 31, so the game can be released at Thanksgiving—a major video game release period. Both parties have agreed and stipulated to the fact that the game must be completed on time to maximize the profits. Gump will make 20% of the net proceeds from the sales of the game. In addition, the contract has a liquidated damages clause that indicates that if Gump does not participate in the marketing, does not serve as the CGI model, or breaches the contract in any way, he will owe Alabama Sports Marketing $2 million.
Based on this fact pattern and the information presented in this unit, answer the following questions. Your response must be at least two pages in length and utilize key legal terms in contract law.
One day, Gump gets into an argument with the developer. Gump refuses to perform any work until the problem is solved. In this situation, can Alabama Sports Marketing seek specific performance of the contract? If yes, why? If no, why not? How would the court determine whether the liquidated damages clause is valid? Is this clause valid? Explain your answers. Evaluate the equitable and legal remedies available for breach of contract.
In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from another series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.
Paula’s bad luck continues. Five days after the events detailed in your last assignment, Paula returns to work at Capstone Corporation. Unfortunately, she used her company e-mail to send her mom a personal note about her injuries, despite being aware that Capstone’s company policy prohibits use of company e-mail for personal communication. Paula’s supervisor, Mikey Manager, discovers Paula’s violation and Paula is reprimanded. When Paula goes home, she uses her personal computer to post disparaging comments about her boss and Capstone Corporation on social media. The next day, Paula is fired from her job.
After several days of bad luck, Paula believes her luck is about to change. She finds a new job in a nearby town. Paula had been using the bus to go to work at Capstone Corporation, but she will need to purchase a car to commute to her new job. Fortunately, her neighbor Freddy Ford has just purchased a new vehicle and is selling his old Mustang. Paula meets with Freddy and agrees to purchase the Mustang for $1000. The parties also agree that Paula will bring Freddy the money the next day when she picks up the car. The next day, Paula calls Freddy and says, “I have the money. I’d like to come pick up my car.” Freddy replies that Paula is too late. He sold the car earlier in the day.
Instructions
In a 6–10 paragraph paper, answer the following questions:
Does Paula have any legal claims against Capstone Corporation? What about Paula’s actions? Does Paula have a contract with Freddy to purchase the car? Consider the following:
Does Paula have a right to privacy when using Capstone Corporation’s e-mail system? Discuss one’s right to privacy and relate it to the facts in the scenario.
Can Paula be legally fired from her job for making negative comments about her boss and her company on social media? What about free speech? Discuss these issues and relate them to the facts of the scenario.
Do Paula and Freddy have a contract for the sale of the Mustang? Discuss the elements of a contract and relate those elements to the facts of the scenario.
Newmark & Co. Real Estate, Inc. contacted 2615 East 17 Street Realty, LLC to lease certain real property on behalf of a client. Newmark e-mailed the landlord a separate agreement for the payment of Newmark’s commission. The landlord sent an email back with a separate demand to pay the commission in installments. Newmark revised the agreement and e-mailed a final copy to the landlord. [Newmark & Co. Real Estate, Inc. v. 2615 East 17 Street Realty, LLC, 80 A.D.3d 476, 914 N.Y.S.2d 162 (1 Dept. 2011)]
Does the agreement qualify as a writing under the Statute of Frauds? Explain.
Create a video-recorded PowerPoint presentation about state laws, documentation protocols, ethical codes, and how to account for diverse populations when distance counseling. i don’t know how you are going to charge me but let me know
350 Words Introduction: For your special activity, watch both videos (Resources folder) • (1) Opening Statement Fact Pattern “State v. Forrest,” and • (2) Opening Statement – Your First Two Minutes During Opening Statement. • (3) Prepare an opening statement for either the prosecution or the defense based on the fact pattern from the case of “State v. Forrest” (below) and • (4) Prepare a minimum of ten cross-examination questions. The cross-examination questions should be written from the perspective of the prosecutor cross-examining the defendant, i.e. – the man who shot his dad. https://www.youtube.com/watch?v=fck0lZRtykQ&t=2s
Opening Statement Fact Pattern Opening Statement Fact Pattern The following facts are from the case of State v. Forrest, 362 S.E. 2d 252 (N.C. 1987) “On 22 December 1985, defendant John Forrest admitted his critically ill father, Clyde Forrest, Sr., to Moore Memorial Hospital. Defendant’s father, who had previously been hospitalized, was suffering from numerous serious ailments, including severe heart disease, hypertension, a thoracic aneurysm, numerous pulmonary emboli, and a peptic ulcer. By the morning of 23 December 1985, his medical condition was determined to be untreatable and terminal. Accordingly, he was classified as “No Code,” meaning that no extraordinary measures would be used to save his life, and he was moved to a more comfortable room. On 24 December 1985, defendant went to the hospital to visit his ailing father. No other family members were present in his father’s room when he arrived. While one of the nurse’s assistants was tending to his father, defendant told her, “There is no need in doing that. He’s dying.” She responded, “Well, I think he’s better.” The nurse’s assistant noticed that defendant was sniffling as though crying and that he kept his hand in his pocket during their conversation. She subsequently went to get the nurse. When the nurse’s assistant returned with the nurse, defendant once again stated his belief that his father was dying. The nurse tried to comfort defendant, telling him, “I don’t think your father is as sick as you think he is.” Defendant, very upset, responded “Go to hell. I’ve been taking care of him for years. I’ll take care of him.” Defendant was then left alone in the room with his father. Alone at his father’s bedside, defendant began to cry and to tell his father how much he loved him. His father began to cough, emitting a gurgling and rattling noise. Extremely upset, defendant pulled a small pistol from his pants pocket, put it to his father’s temple and fired. He subsequently fired three more times and walked out into the hospital corridor, dropping the gun to the floor just outside his father’s room. Following the shooting, defendant, who was crying and upset, neither ran nor threatened anyone. Moreover, he never denied shooting his father and talked openly with law enforcement officials. Specifically, defendant made the following oral statements: “You can’t do anything to him now. He’s out of his suffering.” “I killed my daddy.” “He won’t have to suffer anymore,” “I know they can burn me for it, but my dad will not have to suffer anymore.” “I know the doctors couldn’t do it, but I could.” “I promised my dad I wouldn’t let him suffer.” Defendant’s father was found in his hospital bed with several raised spots and blood on the right side of his head. Blood and brain tissue were found on the bed, the floor, and the wall. Though defendant’s father had been near death as a result of his medical condition, the exact cause of decedent’s death was determined to be the four point-blank bullet wounds to his head. Defendant’s pistol was a single-action .22 calibre five-shot revolver. The weapon, which had to cocked each time it was fired, contained four empty shells and one live round.” “First-Degree murder is the intentional and unlawful killing of a human being with MALICE and with premeditation and deliberation. Premeditation means that the act was thought out
