This TEMPLATE is only your starting point, or an outline. Template is attached- Please understand this is not a fill in the blank assignemnt. Start with the TEMPLATE as your outline, identify legal theories that might apply (Such as personal jurisdiction) then provide the definition/explanation for that legal theory (showing the resource you used for those definitions) and then explain how that legal theories applies to the facts of our scenario. Explain both sides of the arguments and then state which is most likely.
Overview: Business law impacts our everyday lives, both personally and professionally. Businesses enter contracts, manufacture goods, sell services and products, and engage in employment and labor practices—activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business world.
Prompt: Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studies and compose a short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on areas of law covered in this course. Case Study One focuses on the legal system, criminal law, and ethics.
Case Study One: Chris, Matt, and Ian, who live in California, have decided to start a business selling an aftershave lotion called Funny Face over the internet. They contract with Novelty Now Inc., a company based in Florida, to manufacture and distribute the product. Chris frequently meets with a representative from Novelty Now to design the product and to plan marketing and distribution strategies. In fact, to increase the profit margin, Chris directs Novelty Now to substitute PYR (a low-cost chemical emulsifier) for the compound in Novelty Now’s original formula. PYR is not FDA approved. Funny Face is marketed nationally on the radio and in newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and public speaker, buys one bottle of Funny Face over the internet. After he uses it once, his face turns a permanent shade of blue. Donald Margolin and his company, Donald Margolin Empire Inc., file suit in the state of New York against Novelty Now Inc. and Chris, Matt, and Ian, alleging negligence and seeking medical costs and compensation for the damage to his face and business reputation. It is discovered that PYR caused Margolin’s skin discoloration. The website for Funny Face states that anyone buying their product cannot take Chris, Matt, and Ian to court. Novelty Now’s contract with the three men states that all disputes must be brought in the state of Florida.
- Apply the rules of jurisdiction to the facts of this case and determine what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, respectively. Consider federal court, state court, and long arm principles in your analysis.
- Assume all parties agree to pursue alternative dispute resolution (ADR). Analyze the advantages and disadvantages of two types of ADR appropriate for this case. Be sure to define the characteristics of each in your answer.
- Applying what you have learned about ADR, which type would each party (Funny Face, Novelty Now, and Margolin) prefer and why?
- Apply concepts of criminal law and discuss whether or not corporations and/or corporate officers may be held liable for criminal acts.
- Identify, per the classification of crimes in the text, any potential criminal acts by Funny Face and/or Novelty Now.
- Assume the use of the emulsifier PYR, at the direction of Chris, is a criminal offense. Apply concepts of criminal law and discuss the potential criminal liability of Funny Face, Chris, Matt, Ian, and Novelty Now. Include support for your conclusion.
- Use the WPH process of ethical decision making to evaluate any ethical issues within the case study.
SPECIFICALLY, THE FOLLOWING CRITICAL ELEMENTS MUST BE ADDRESSED:
Guidelines for submission
Your submission should be a minimum of two pages Word document (although it may need to be longer to thoroughly address these issues) with double spacing,12-point Times New Roman font, and one-inch margins. Citations & References should be formatted according to APA style. (Rubric is posted in the classroom.)
You will be looking for issues pertaining to jurisdiction -where the lawsuits can be filed; liability of corporate officers; business entities; etc.). If you want an idea of how to examine legal issues, you can use what law students use: identify the issue; explain the terms; explain the law; apply the law the facts; offer a conclusion. This strategy is called: IRAC: Issue; Rule; Analysis; Conclusion. When you are stuck….follow this and you will find yourself putting words down on the paper! 🙂
APA reference is attached- the reference used is the text if you need any specifics I can copy and paste them to you.
