Binding Arbitration Alternative Dispute Resolution
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Part 1
Your assignment submission should be 150-200 words in length. It should contain proper grammar, be free of spelling errors, and reflect critical thinking.
Question 1. 150-200 words in length
What does International Business mean to you and what is the impact International Business has on you. Think about any recent events and how our Global Economy has affected you.
Question 2150-200 words in length
Where do you see culture and ethics playing a part in your interaction with other people each day? Culture and ethics have a large impact on who we are and how we interface with other people in our business lives each day. If you can give examples of you experiences.
Question 3150-200 words in length
Discuss the roll money plays in your daily business transaction. In todays market, how do you see money playing a positive and negative role on business?
Question 4150-200 words in length
How do you see the current trade policies enacted and followed by the United States affecting this countries ability to be competitive in the world marketplace?
Question 5150-200 words in length
How well does Fontbonne University use Strategic Management to further its business and how could it improve their use of Strategic Management processes?
Question 6150-200 words in length
How much effect does the design of the organization have on the employee’s behavior in the workplace? Which is more important, a manager or a leader, in the way the employees react?
Question 7150-200 words in length
Discuss the different methods for gathering information pertaining to the implementation of a new product or service and how do you think it would be different if you were in Italy or another European country? Secondly, discuss your thoughts pertaining to transportation and other logistic components that take place to get a product from the manufacture to the consumer. What component do you believe would be the most difficult to manage and why?
Question 8150-200 words in length
you see yourself accepting an overseas assignment for a company and explain why or why not you would accept?
Part 2
Your assignment submission should be at least two to three paragraphs. It should contain proper grammar, be free of spelling errors, and reflect critical thinking.
Question 1. least two to three paragraphs
Binding Arbitration-Does it have value?
It is common in the business environment today, for contracts to contain binding arbitration clauses. You will read about this area of the law in the Alternative Dispute Resolution section of Chapter 3. In short, however, courts will often honor a binding arbitration provision and compel arbitration.
Arbitration is different from a court hearing in many ways. Among other differences, you do not have a jury in arbitration. You do not usually have the rules of evidence, discovery and procedure. You do not usually have a right to an appeal. Worst of all, the arbitration forum is usually selected by the other side and may lack basic fairness.
Assume for this Discussion Board, that Susan Wainwright has worked for Big Company for three years as an administrative assistant to a vice president. As a result of her rejecting her boss attentions, she was first demoted, then left without assignments, and finally fired. She makes an EEOC complaint and files suit in Federal Court. The employer moves to compel binding arbitration. If the employer is successful, Susan will lose the right to a jury trial, discovery, rules of evidence, rules of civil procedure, right to an appeal and will be in a forum provided for in the employment contract. That forum is rumored to be unfair to employees.
In this Discussion Board, draw on your own experiences, the readings in the book and your personal opinions. Discuss whether the court should grant the employers motion to compel binding arbitrationQuestion 2150-200 words in length
Employment contracts can often contain a number of restrictive agreements, such as confidentiality agreements, work-for-hire agreements relating to copyrights, and especially, covenants-not-to-compete. In states like Missouri, covenants-not-to compete are valid and will be enforced by the courts through temporary restraining orders, preliminary injunctions and permanent injunctions. Violations of these injunctions can result in substantial money sanctions and even imprisonment. Also, in a state like Missouri, employment is usually at-will. This permits the employer to terminate any worker at any time and for no reason.
Ms. Liam Sandof came to work for BuyherePayhere Carpets in St. Louis as their sales manager two months ago. Prior to coming to BuyherePayhere, Liam had worked for twenty-three years in St. Louis in the carpet sales industry and was making $200,000 a year.She signed a covenant-not-to-compete with BuyherePayhere, in which she acknowledged that she was an employee-at-will and in which she promised not to compete in the carpet sales and service industry within 100 mile of the St. Louis Arch for four years after either she quit or was fired. After two months BuyherePayhere decides they don’t like Liam and they fire her. They advise her that she is bound by the covenant-not-to-compete and will be immediately sued if she tries to go back to her old job or tries to sell carpet in the St. Louis area before four years is up. Carpet sales is the only trade Liam knows. She is the sole support of her six children and disabled mother.
Task: Discuss the fairness of covenants-not-to-compete agreements from both the employer and employee viewpoints.Question 3150-200 words in length
A guarantee must be in writing to be enforceable. Just signing a contract does not bind you to anything unless you are named in the contract and agree to do something.
Oak Allen is a college student who wants to rent a house for his junior year. He negotiates with the landlord, Gaby Santos, and they reach an oral agreement whereby Oak will rent the house for one year, starting next month. This is the kind of a contract that must be in writing to be enforceable since it cannot be performed within one year. Oak and the landlord sign the contract. Oak is named as the tenant and Gaby is named as the Landlord. The day Oak is to move in, his father, Terry Allen, drops him off with Oak’s stuff. The landlord sees Terry and gets him to sign on the last page of the lease. Terry is not named in the lease and doesn’t do anything except sign his name on the last page of the lease. During the course of the lease, Oak trashes the place and causes the property to be seized by the police when pot is discovered. The landlord, Gaby, is at her wits end when she discovers, that Oak has no insurance and no money. Gaby, after talking with her attorney, discovers that Gaby can only sue Terry Allen for what he promised to do in the lease. As it turns out, although Terry Allen signed the lease, he is not mentioned in the lease, promised nothing and has broken no promises.
Task: Discuss from both the landlord’s view and Terry Allen’s view whether it is fair for Terry Allen to avoid liability on this technicality.Question 4150-200 words in length
Pay special attention to Contracts involving Carriers on pages 465 and 467.Under the transfer of title and risk of loss rules, the parties may decide when title transfers and risk of loss transfers. Terms, such as FOB Seller’s place of business and FAS Buyer’s dock, are common provisions.If the parties don’t state in the contract when transfers occur, then the gap-filler rules under the UCC apply.
The assumption under the UCC is that the parties intend a shipment contract. Under this approach, title and risk of loss transfers to the buyer when the common carrier takes possession of the goods. Goods damaged in transit, unless other terms are agreed to, are the Buyer’s problem. Also, common carriers are strictly liable for damage to goods in their possession. Unless additional insurance was taken out, common carriers are only liable to the extent of their published tariffs.Patricia Richards lives in Marshall, VA. and orders an expensive computer from BuyherePayhere Computers. There are no fancy delivery terms, except that the website mentions that BuyherePayhere will send the computer to the customer.
The computer is given by William W. Williams, the BuyherePayhere shipping clerk in Royal, MO. to ExFed Delivery, which is a common carrier. ExFed loses the computer somewhere on its way to Virginia. When the computer eventually shows up, it is found to be smashed to smithereens. ExFed apologies and pays the full amount disclosed on its tariff ($5). No additional insurance was taken out. Patricia is a renter and has no insurance on the computer.Patricia owes, with interest, $3,756.17 to BuyherePayhere for the computer.
Task: Discuss the fairness of the UCC transfer of title and risk of loss rules from both the buyer and the seller viewpoints.Question 5150-200 words in length
Rosemary Kelzer is a 84 year old woman who has owned a novelty store near Branson, MO. for thirty years. She sells seashells with Little Hoppy the Mule’s profile on it, hillbilly gag-gifts, postcards, saltwater taffy, and 5,000 other items. Her business is in the crowed old part of town near the White River steamboat landing. Ever since the big boom in town from the Vegas-style shows, her business has gone well, but she gets a lot of tourists who lets their kids run wild. While their mom’s and dad’s are deciding which velvet picture of mules playing poker they want to buy, their kids run through the place grabbing stuff and taking off without paying.
Task: Discuss Rosemary’s rights and liabilities in stopping the little scamps who try to grab stuff and run out of her store.
1. Assume in this case that the Common Law (as given in your text book ) applies.
2.Then assume that the following law applies. Section 537.125 Shoplifting: Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee, criminally or civilly liable to the person so detained.Question 6 150-200 words in length
A key purpose of incorporation is to create limited liability. For example, if a person wants to sell candles and, after creating a corporation for this purpose, signs a lease, that person is not personally liable for the payment obligation.
Joe Moon is a fabulously wealthy homebuilder and developer. Nearly every day there are articles in the paper about his exciting adventure trips, his charitable donations and his stable of tree climbing hunting dogs. He has two jets, houses all over the county and owns many businesses.You decide to use him to model your house. You sign a contract with Joe Moon Architects, Inc. for the design; Joe Moon Builders, Inc. for the construction; and Joe Moon Title Company, Inc. for the escrow agent and you borrow the money from Joe Moon Finance, Inc.
Joe Moon owns 100% of these companies, he signs the contracts as president of each of these companies. The design turns out to be awful. It violates all the known building codes and construction standards.The construction is worse. There are holes in the ceilings and walls. The wrong materials were used. On the day after the closing, the house collapses. It turns out that the escrow agent stole all the money and did not pay Joe Moon Construction, Inc. Now, even though the house has collapsed and the money is gone, Joe Moon Finance, Inc. says you still owe the full amount.In checking, you discover that each of these companies are separate legal entities, that you can’t sue Joe Moon for any of this. It turns out that you still owe Joe Moon Finance, Inc. the full amount of the loan.
Task: Discuss the fairness of the use of limited liability by corporations from both the business owner and the consumer points of view.Question 7150-200 words in length
When we studied the U.S. Constitution, we learned that the Federal Government has only limited enumerated powers. For example, the Federal Government can regulate interstate commerce. The Federal Government is further limited through the Bill of Rights. These rights include freedom of speech, right of free assembly, freedom from unreasonable search and seizure, right to a jury trial, right to an attorney and other express protections.
The NDAA (National Defense Authorization Act) signed into law early in 2012 appears to authorize the military to detain U.S. citizens indefinitely without trial, without charges, without an attorney and without access to court review. It permits summary searches and seizures. It might even permit citizens to be assassinated. Supposedly, it recognizes that the United States is now a battlefield. Research NDAA and indefinite detention on the Internet. Read and consider the protections of the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th and 8th Amendments to the U.S. Constitution. (These are in the appendix to our text book).
Pretend someone near and dear to you has attended a political rally and has been indefinitely detained by the Federal government. Consider whether the NDAA and the U.S. Constitution/Bill of Rights are in conflict, and which should control. You must consider both sides of the issue fairly.Question 8150-200 words in length
Drawing on your life experiences, discuss with each other how you can use what you have learned in this course in your private and business lives.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. 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