Business Law and Capitalism Discussion Response
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
Business Law and Capitalism Discussion Response
Business, Law, Capitalism, Discussion, Response
I’m working on a business law project and need an explanation and answer to help me learn.
1) In Module 1, we discussed Capitalism and the Role of Government.
Capitalism in America was built on the foundation of personal freedom and private property. Our great natural resources and personal ambition led to extraordinary prosperity.
Over the years, laws were passed by the government to regulate the power of big business and reduce abuse. The proper balance between open markets and government intervention remains perhaps the central public policy debate in American life.
QUESTION: To what extent should the government regulate business?
- a) State the argument for the regulation of business.
- b) State the argument against the regulation of business.
- c) Take a position in this debate. Be sure to use course content and/or outside content to support your position (paraphrase, use APA in-text citations and a reference list).
2) In Module 2, we discussed the Corporation and Public Policy.
Stakeholder theory and corporate social performance have gained great credibility with academics and many managers. Others, however, argue that profits and shareholders must remain the consuming concerns of management, and that a skilled focus on the bottom line will, incidentally but inevitably, result in the greatest good for society.
That is, the company that maximizes its profits necessarily does not only what is best for its shareholders but also what is best for society generally.
QUESTION: Should a corporation adopt the stakeholder theory or the shareholder theory in today’s business environment?
- a) State the argument for the adoption of the stakeholder theory.
- b) State the argument for the adoption of the shareholder theory.
- c) Take a position in this debate. Be sure to use course content and/or outside content to support your position (paraphrase, use APA in-text citations and a reference list).
3) In Module 2, we also discussed Business Ethics.
Perhaps more than ever, Americans are questioning the nation’s moral health. A multitude of governmental, societal and business issues have caused us to question our decency as a society.
QUESTION: Does individual have to be willing to sometimes disregard his or her ethical principles to succeed in today’s business environment?
- a) State the argument supporting the contention that success in business sometimes requires one to disregard his or her ethical principles.
- b) State the argument against this contention.
- c) Take a position in this debate. Be sure to use course content and/or outside content to support your position (paraphrase, use APA in-text citations and a reference list).
4) In Module 3, we discussed Contracts.
A capitalist, free market system cannot operate effectively and fairly without a reliable foundation in contract law. At the practical level, all buyers and sellers must have confidence that the deal they are about to make will be completed as specified or that they will have a remedy available if it is not completed.
Otherwise, the legal risk in making deals would act as a drag on the commercial process, reducing certainty and depreciating the extraordinary efficiency of the free market.
QUESTION: Legally enforceable contracts exhibit five distinct features.
- Please list and describe in detail each of these features.
- Why are each of these features important?
Please use content from the textbook to support your response (be sure to paraphrase and use APA in-text citations and a reference list).
5) In Module 4, we discussed Business Torts and Product Liability.
Torts are civil wrongs not arising from contracts. Torts involve breaches of duty to particular persons, whereas crimes are regarded as public wrongs breaching duties to all of society (although, of course, they are most commonly directed at a specific person or persons).
Crimes are prosecuted by the state; tort actions are initiated by individuals. Criminal law punishes wrongdoers, but the point of tort law is to make whole an injured party.
QUESTION: Fundamentally, torts are of three kinds: (1) intentional, (2) negligent, and (3) strict liability.
- Please describe in detail each of these three types of torts and describe how they differ from one another.
- Sometimes a person be found not guilty of a criminal charge and liable for money damages in a civil claim despite both having arisen from the same set of facts. Why does the law allow such a result?
Please use content from the textbook to support your response (be sure to paraphrase and use APA in-text citations and a reference list).
6) In Module 5, we discussed Federal Regulatory Agencies.
Suppose you start a business; a small, relatively simple business, perhaps a restaurant. You quickly come to realize that the government is going to be your partner in that business.
Taxes, wages, hours, sanitation, safety, advertising, zoning—at every turn a government rule shapes the conduct of your business. In many cases those rules are created and enforced by administrative agencies, a powerful subset of government little understood by the public but immensely influential in every corner of American life.
QUESTION: The authority of the federal regulatory agencies falls broadly into three categories.
- Please list and describe in detail each category of authority.
- Do federal regulatory agencies possess too much power? Why or why not?
Please use content from the textbook to support your response (be sure to paraphrase and use APA in-text citations and a reference list).
7) In Module 6, we discussed Business Organizations.
One of the most significant decisions facing the founders of a business is the choice of a legal entity to house the business. Among other things, this decision will affect the legal relationships among the founders, the relationship between them, and the entity and between them and various third parties. It will also affect their access to outside capital and the tax treatment accorded business profits and losses.
QUESTION: The four basic business forms are 1) sole proprietorship; 2) partnership; 3) corporation and 4) limited liability company.
- Describe the advantages and disadvantages of each business form.
- State which business form you would choose as an owner to best protect against personal liability (be sure to provide the reasons for this choice).
Please use content from the textbook to support your response (be sure to paraphrase and use APA in-text citations and a reference list).
8) In Module 7, we discussed Antitrust Law.
Technically, a merger involves the union of two or more enterprises wherein the property of all is transferred to the one remaining firm. However, antitrust law embraces all those situations in which previously independent business entities are united—whether by acquisition of stock, purchase of physical assets, creation of holding companies, consolidation, or merger.
QUESTION: There are three categories of mergers: horizontal; vertical and conglomerate.
- Describe each category of merger.
- What are the benefits and problems associated with a merger?
- Why does the government closely scrutinize mergers that occur in the business world? What is the government trying to avoid?
Please use content from the textbook to support your response (be sure to paraphrase and use APA in-text citations and a reference list).
9) In Module 8, we discussed Consumer Protection.
If the market is to operate efficiently, the buyer must be able to rely on the truth of the seller’s product claims. Regrettably, willful untruths appear to be common in American commerce. A victim of fraud is entitled to rescind the contract in question and to seek damages, including, in cases of malice, a punitive recovery.
QUESTION: Consumer protection primarily aims to protect individuals from fraud.
- Describe in detail the elements of fraud.
- Describe in detail an innocent misrepresentation.
- How do they differ?
- What does the law allow a wronged party to do in each instance?
Please use content from the textbook to support your response (be sure to paraphrase and use APA in-text citations and a reference list).
10) The following questions address the big picture of this course.
QUESTION: What was your main takeaway from this course? Why did this topic resonate with you?
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. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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