Business law: Unit 7 Briefing
Question one only.
Read the call-of-the-question carefully, and follow the instructions for each subject. Prepare four briefing papers using the ÀÐÀ format for research papers, and upload them as one document for your response.
Briefing Paper 1: Critical Legal Thinking Instructions:
Read Thompson v. North American Stainless, UP in your Cheeseman textbook on page 415. □□□□ Respond to the three Case Questions found in your Cheeseman textbook on page 415. □□□□ Assume your readers know the facts of the case as articulated in the Critical Legal Thinking, Ethics, and Contemporary Business questions. Argue both sides of all issues.
Briefing Paper 2: Law Case with Answers
Instructions:
Read National Association for the Advancement of Colored People, Newark Branch v. Town of Harrison, New Jersey in your Cheeseman textbook on page 417.
Assume your readers know the facts of the case and are only seeking your opinions on whether or not this case could have been argued using the Interstate Commerce Clause of the U.
S. Constitution.
Provide convincing arguments for both sides of your recommendations.
Briefing Paper 3: Critical Legal Thinking Cases
Instructions: 4
Read the following sections in your textbook:
Sections 20.4 ERISA (p. 434),
20.6 Workers□ Compensation (p. 434);
20.3 Occupational Safety (pp.433- 434),
18.7 Independent Contractor (p. 397), and
Family and Medical Leave Act (p. 430).
Check the decisions of the highest appellate courts, if a case is cited, for each fact pattern.
Assume your readers know the facts of each scenario and are seeking your opinions oh whether or not each of the subjects affect business in the United States. If so, provide the worst and best case scenarios.
Briefing Paper 4: Ethics Case
Instructions:
Read Section 21.8 Ethics in your Cheeseman textbook on pages 449-450.
Assume your readers know the facts of the case and are only seeking your opinions on the three questions found at the end of Section 21.8. Argue both sides of all issues.
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Business law: Unit 7 Briefing
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Sections 20.4 ERISA (p.434)-McLaughlin v Rowley
Under the Employee Retirement Income Security Act (ERISA), there are provisions to prevent abuse and fraudulent activities in private pension funds. The case of McLaughlin v Rowley, illustrates that the trustees of private pensions plans should act in the best interest of members. This affects how business owners elect to use the pension contributions by members, as there is a need to maintain their fiduciary duty for those entrusted for the pension plans.
20.6 Workers Compensation
Workers compensation needs to take into accounts the nature of injury and whether employees sustained injuries while off duty (Cheeseman, 2013). Even when the activities are carried out when they are recreational and social activities, reasonable expectancy in the employment affects how employers deal with workers compensation. This affects business as there is a need to take into account context and what is expected by an employer.
20.3 Occupational Safety
Occupational safety laws are important to improve compliance with safety standards; the Court of Appeal upheld the decision that Corbesco violated laws governing occupational safety and OSHA Corbesco, Inc v. Dole Secretary of Labor. Hence, businesses are required t...