Essay Example on Business Law & Ethics: Case Studies & Applications

Introduction

Business law and ethics can take various forms when applied. It has the potential of creating a trustworthy environment between the consumer and retailer or manufacturer. The review will address all the case studies, focusing on their application in different aspects. The first case study addressed criminal law, the legal system, and ethics. In the case identified, the rules of jurisdiction apply to the facts of the case. Firstly, personal jurisdiction is the power of the court to make decisions concerning the party being sued. As applied in the case, the Federal Rule of Civil Procedure requires that before pleading, a party can proclaim defense through the motion of lack of personal jurisdiction. It applied in the case of Donald Margolin against Novelty Now, and Chris, Matt, and Ian considering that Chris, Matt, and Ian resided in California and Novelty in the state of Florida.

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Additionally, the case was filed in New York; it is logically impractical to pass through the other states to address the legal matter as each state has different laws. Another jurisdiction addressed is the subject matter jurisdiction as it determines the topic which the court is mandated to adjudge (Hunt and Myers, 2014). It can also be used to refer to the international limits of jurisdiction. Therefore, the court would have, at times, translated the territorial restrictions of the applicable federal statute into subject matter jurisdiction bounds of the court. If the court reexamines the minimum contracts between the defendant had with the plaintiff, any contractual evidence will require the accused to defend their case (Hunt and Myers, 2014). Minimum contracts, as mentioned previously, describes whether a law court in a specific state can assert personal jurisdiction over the defendant from another state (Hunt and Myers, 2014). Therefore, in the case, the court will have to determine the defendants reside in New York. Additionally, it was argued that the minimum contracts of state non-residents could also apply to the defendant's home state.

It is noteworthy that the case could also be handled using ADR (Alternative Dispute Resolution). ADR is a set of practices and methodologies that are focused on resolving legal disputes out of court jurisdictions (Mnookin, 1998). The process details vary depending on the case being adjudged. Nevertheless, arbitration is also applicable in ADR processes; by involving the judge, they can administer the decision making to resolve the issue (Mnookin, 1998). The assessment of the case identified that the ethical process of decision-making incorporates three key attributes. Very business has stakeholders who are managed through proper standards and guidelines (Mnookin, 1998). In the case study, the stakeholder element was violated by Chris as he changed the business practice to save expenditure.

The second case study, on the other hand, concentrates on contracts and landlord

tenant law. The case study involves Sam, who has received two letters, one an eviction notice and the second a demand for the 1000 units of his device. Firstly, the eviction notice was due to the noise of the device and the complaints from other tenants. The eviction notice was unexpected, considering that Sam had a verbal contract with the landlord on his activities. A contract is defined as the promise or assurance maintained by the law, to complete, deliver, or any other legal task by one party to the other. Therefore, the agreement is binding, in the case of Sam and the Chain Store, various elements made the contract valid (Martella, n.d). The first elements are proposition; it has to have a declaration, absolute, and fixed terms. Finally, the transference to the other party. Another element is, consideration; this refers to whether the agreement is unilateral or bilateral. Finally, capacity is the final element as it comprehends the legal requirements of the contract. However, in the case of Sam and the Chain Store, there was no binding or valid agreement. The employer verbally agreed on 1000 units developed by Sam but did not offer or deposit any payments, thereby invalidating the stated contract (Martella, n.d). Additionally, without witnesses and written proof, verbal contracts are not enforceable.

The second aspect of the case study two analysis is the identification of rights and obligations. The case identified that Sam was to be evicted under the rental lease agreement. Under the standard residential tenancy contract, the rights of both landowners and tenants are numerous. For example, if the property owner has the authority to place an occupant in ownership of the space, then the tenant has the right to retain ownership. The notion is since rental agreements can either be written or oral. Based on the understanding of both tenant and property owner rights, it is factual that landlord Quinn has the authority to dislodge Sam (Defenses to Eviction. 2018). Overall, it is critically noteworthy that the court can settle any case based on the facts presented and not emotional experiences. In business, one must be aware of all contracts that they commit to and how whether they are enforceable.

The final case study addresses the various types of business entities; they include Sole Proprietorship, General Partnership, Limited Partnership, Corporation, S Corporation, and Limited Liability Company. They are all unique in the application as well as requirements that offer varying advantages and disadvantages. In the case assessed, "Arcadia Sports" can be identified as a limited partnership where the agreement is between one general partner and one limited partner (Kubasek, 2015). The general partner is liable for the daily operations and responsibilities of the business, and considering that one of the associates is a silent partner, they are not equally responsible. It depicts the perfect correlation with limited partnerships (Kubasek, 2015). The position of the silent partner offered protection against creditors as the roles assumed were not direct but rather observational. If the business was an LLC (limited liability company), then bankruptcy by one of the partners cannot affect the company.

References

Arlen, J. (2012). Corporate criminal liability: Theory and evidence. Research Handbook on the Economics of Criminal Law, 144, 144-203. http://www.ioea.eu/pdf/textes_2012/LEC-Arlen_Chapter-7.pdf

Defenses to Eviction. (2018). Retrieved April 5, 2020, from https://realestate.findlaw.com/landlord-tenant-law/defenses-to-eviction.html (Defenses to Eviction)

Goldscholle, G. (2020). Landlord and Tenant Rights and Obligations. Retrieved from https://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/landlord-tenant-rights-obligations.htm

Hunt, J. B. & Myers, B. (2014). Challenging personal jurisdiction: a guide to the procedure and the standards for dismissing lawsuits for lack of personal jurisdiction. https://www.hunt-lawgroup.com/siteFiles/News/Challenging%20Personal%20Jurisdiction.pdf

Kubasek, N. (2015). Dynamic business law. Boston: McGraw Hill Learning Solutions. Retrieved from SNHU Blackboard.

Martella, M. H. (n.d.). Law 101: Fundamentals of the Law. Retrieved from

Michaels, R. (2017). Jurisdiction, foundations. In Encyclopedia of Private International Law (pp.1043-1051). Edward Elgar Publishing Limited. https://scholarship.law.duke.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=1&article=6386&context=faculty_scholarship

Mnookin, R. H. (1998). Alternative dispute resolution (p. 2). Harvard Law School. https://www.researchgate.net/profile/Robert_Mnookin/publication/30504345_Alternative_Dispute_Resolution/links/0deec52a8d57ae045a000000.pdf