Revised ppt and proj due in 24 hours

 Feedback for Project 1: Introduction to the Legal Environment of Business

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Blue Mood milestone: this will need revision for final submission. First, you need to use the learning resources in the classroom, as required and stated repeatedly in announcements and email, because they will keep you specific and focused on the issues at hand. Your outside research has not helped. Second, please reread the Jan 15 email with weekly guidance on this deliverable. Third, when you go back and revise, you need first a slide with intro of case facts. Fourth, you need to define better and analyze employment at will and its exceptions. Fifth, you need to show you understand difference between crimes and torts. So you need a slide on specific crimes committed (you are not specific here). For Alex, I want to see you define and apply to case facts larceny and fraud. For Nick and Juanita, receiving stolen property. Then you need a defenses slide that uses actual legal defenses from the learning resources in the classroom. Sixth, you need to then do a slide on specific torts besides defamation, which is correct, but not the only tort. Alex, Nick, and Juanita all committed torts. Then you need to look at defenses to each from the learning resources. Seventh, you need to cover damages -- define compensatory (both general and special) and punitive damages, and then talk about who can seek what from whom and why. If you need a phone conference or have questions, let me know. 

EMAIL FROM JAN. 15TH:

What is a Scholarly Article?

A scholarly article is generally based on  original research or experimentation. It is written by a researcher or expert in the field who is often affiliated with a college or university. Most scholarly writing includes footnotes and/or a bibliography and may include graphs or charts as illustrations as opposed to glossy pictures. In addition, articles that appear in scholarly journals or book that are published by academic presses, are subject to a  peer-review process, which means that other "experts" or specialist in the field evaluate the quality and originality of the research as precondition of publication. The peer-review (as opposed to editorial review) process is also one thing that sets scholarly journals apart from journals that may otherwise seem quite similar. Journals such as Foreign Affairs, for instance, are generally not considered "scholarly journals," because many of the articles are solicited by the magazine's editors; in addition many of the articles are written by policy-makers who may be expressing an informed view, but whose article may not be based on original research.  Scholarly research is typically published by an  academic association or a  university/academic press.”

Source:  http://www.calstatela.edu/

Project 1: Introduction to the Legal Environment of Business Step 6: Review Case Two: Carz Bazaar

Feeling proud of your growing knowledge of business law and your work on the Blue Mood Clothing case, you move on to your next assignment. You open the  Carz Bazaar case file to review the facts of the situation.

Once you have fully assessed the situation in the Carz Bazaar case, proceed to the next step, where you will gather the information you need to analyze the legal questions of the case.

Step 7: Gather and Analyze Information

As you read through the materials, try to begin answering the questions posed below.

You will likely encounter many new legal concepts, so take notes about which sections apply to this case so that you can easily refer back to them when you begin to write your analysis.

In all legal cases, there are disputes about the facts and the law. In this case, we can assume the facts stated in our case file are accurate, so we just need to decide what law applies and how the law can be interpreted to support the plaintiffs’ and defendant's arguments. The issue of who caused the accident has been settled. Wilson caused the accident, so the issue before us is whether Wilson's employer can be held responsible for his actions.

· What are the arguments in favor of the plaintiffs (the accident victims)?

· What are the arguments in favor of the defendant (Carz Bazaar)?

Read about  legal responsibilities of agents and employees  to help you answer these questions.

In the next step, you'll formalize your thoughts so that they are ready to put into your presentation.

Step 8: Create and Submit Your Legal Analysis

As you begin to finalize your findings from the Carz Bazaar case, you receive an email from Vice President Dodger:

INBOX (1 NEW EMAIL)

From: Kenneth Dodger, Vice President, Colossal Corporation

To: You

Good to see your continued progress on these cases.

As you prepare to submit your findings for the Carz Bazaar incident, I wanted to give you some clear delivery instructions.

As in the previous case, I'd like you to use your outline and research notes from your work on this case to prepare your written analysis.

Maintaining company procedure, I'd also like you to meet the following requirements for this deliverable:

· Please divide your analysis into two parts: Part I: Arguments for the Plaintiffs and Part II: Arguments for the Defendant.

· Support your conclusion with references to legal principles and laws. Cite references to course materials and cases using APA format.

· The analysis should be no more than seven pages (double spaced, 12-point font; the reference list does not count towards the page limit).

· Title your file using this protocol: yourlastname_CarzBazaar _date.

Following this submission, I would like you to participate in a discussion with your fellow Colossal Company colleagues to see if we can reach a consensus about the winner of this case.

I hope your work to this point has been rewarding. I've always found that consideration and appreciation of ethical practice in a global market is the key to successful business.

Best,

Ken

Submit your Carz Bazaar analysis to the Assignments folder. 

Carz Bazaar

Notice: Contains Confidential Information

Colossal Company subsidiary Carz Bazaar, a new and used car dealership, hired Charles Wilson to perform various duties, such as cleaning and gassing vehicles, moving vehicles from one lot to another, and maintaining the showroom and vehicle lots. In this position, Wilson had access to keys to the vehicles through a key-control procedure. Under this procedure, an attendant keeps the keys in a control shack. When any employee wants to move a company vehicle, the attendant inputs information into a template request form. The information includes the date, time, stock number of the vehicle, name of the employee checking out the vehicle, and the destination of the vehicle. For example, the vehicle might be taken to a body shop for repairs, to a gas station, or to a company lot at a different location. Every time an employee checks out a vehicle, the reason must be for company business use. It is not necessary to put the expected return time on the form unless a vehicle was expected to be gone for a long time. Once the attendant has completed the form, she gives the keys to the employee who has requested them. When the vehicle is returned, the attendant indicates in the log that the vehicle was returned and replaces the keys. Sometimes vehicles are gone for more than one day. Some vehicles may be removed permanently if they are sold from another lot. In these cases, the managers of the other lots call to let the attendant know that the vehicle will not be coming back. Sometimes employees drive cars back and leave the keys with other employees to return to the attendant. This practice was acceptable to the dealership.

One day when Gina Mitchell was the attendant in charge, Wilson asked her if he could use a car for 30 minutes on his lunch break to go to his mother's house. The attendant told him it was okay as long as he brought it back because, otherwise, she could get in trouble. Since Wilson only wanted the car for 30 minutes and she trusted him, she did not make any entry about this trip on the computer. Wilson took the car and left. On his way back to the dealership, Wilson rear-ended a car stopped at a stop light, causing injuries to the driver and a passenger. Wilson told a police officer at the scene of the accident that he was on a lunch break from his job and that he had permission to drive the car, but his boss was not aware he had the car.

The injured driver and passenger sued Carz Bazaar on the grounds that it was responsible for the injuries caused by Wilson.

Legal Responsibilities of Agents and Employees

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Agency law is a component of civil law and deals with the legal relationship by which one person acts on behalf of another. The agent is the person who acts on behalf of the principal to do something the principal has delegated the agent to do, which the principal him or herself is legally permitted to do.

The creation of an agency relationship gives rise to both rights and duties of the agent and the principal, as well as the potential for liability to each other and to third parties. Principals may be held liable by third parties for the acts of their agents under certain, but not all, circumstances. The potential liabilities a principal has to third parties for the agent's acts often depend on whether the agent is an employee or an independent contractor. Principals face potentially more liabilities to third parties for the acts of their employees than they do for the acts of their independent contractors.

Resources

· Agency and Liability

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