Order ID | 53563633773 |
Type | Essay |
Writer Level | Masters |
Style | APA |
Sources/References | 4 |
Perfect Number of Pages to Order | 5-10 Pages |
Research Statistical Data in A Business Context
Use probability concepts to formulate a decision.
Write a 700- to 1,050-word paper explaining your research methods and process for limiting the uncertainty in the decision.
Address the following in your paper:
Include how you applied concepts to formulate your decision.
Include appropriate probability concepts and your application to find resulting data to limit uncertainty in this decision.
Identify each outcome from your statistical analysis, providing rationale for each.
Identify tradeoffs between accuracy and precision required by various probability concepts and the effect on your data.
Include the decision you made based on statistical data.
Format your paper consistent with APA guidelines.
Read the case below and answer the questions that follow
Darren Troll, CEO of Cash Cow Incorporated (CCI) brought CCI’s two Vice Presidents, John Quick and Dirk Driven, into his office to unveil his new plan for a CCI amusement park, called FUN-A-MANIA-USA (FAMUSA). It was to be located outside Washington D.C. and its design was to be based on the design of D.C., itself. He had pitched his idea to the Board of Directors, but it was not approved. However, Troll was confident that the project would be a cash cow. He felt sure that once the Board saw the project succeed, they would approve the 3.7 million dollar expenditure.
In Troll’s mind, the key was to get the project up and running before the next Board meeting some 11 months down the road. He assigns each VP tasks and tells them that this is their number one priority. John Quick, known for his fast work, is first up. He is assigned the task of finding the money to support the project from CCI’s budget and to set up accounts for a new separate corporation named Fun-A-Mania-USA, Inc. Quick is also expected to set up the corporation. Troll tells Quick that he has until the next day, Friday, to get the money and accounts in place. Troll emphasizes to Quick and Driven that everything has to be in the name of the new company because he doesn’t want the Board to get wind of things until they are all in place. “Think of it as a surprise gift for them,” he said. Troll then turned to Quick and said, “Your job is to find the site, buy the land, and construct the amusement park. You have 10 months to get the job done.” Both men roll their eyes as they leave the office. The deadline is impossible.
John had one last thing to do before he could go home for the day. He had to get the corporation for FAMUSA formed. Normally, he would have gotten legal to handle this, but they had gone home for the evening. He would just take one of the corporate books from the shelf and scan the documents into the computer. He would edit the existing name and put Fun-A-Mania-USA in its place. He names Troll, Driven and himself the shareholders and Board of Directors with the thought that this can changed later to CII when the Board approves the park plan. He had accomplished the job Troll gave him in one day.
The Board of Directors, now very much aware of FAMUSA plan, and not too happy, come to you for advice. They want your legal opinion on the following questions.
Questions:
MULTIPLECHOICE: 1 pt each
1. Can Troll justify his action to start the amusement park project by asserting the best business judgment rule?
1. Yes, because Troll had diligently researched the project and in good faith felt it to be in the best interests of the company.
2. Yes, because he exercised his judgment in believing that other CEO’s like him would also make the same judgment that he did.
3. No, because he failed to use care and diligence in executing his plan.
4. No, because he failed to use care, and failed to do so in a manner that a prudent person would believe to be in the best interest of the company.
2. Will the company be able to rescind John’s sale of the condo to Yono?
1. Yes, because John acted outside the scope of his employment by selling the condo to a friend.
2. Yes, because Yono knew the condo was titled in the name of CCI not FAMUSA and that the proceeds of the sale were to go FAMUSA account.
3. No, because Yono had no reason to believe that the FAMUSA account was not owned by CCI.
4. No, because as Vice President, of CCI John had the implied, apparent authority to act as agent of CCI and bind CCI to the sales contract. Where the money went was irrelevant.
3. Joe Jolly has brought a suit in the state court against CCI to have the employment contract held void because he claims the contract was against public policy. The board wants to know if they can force him into arbitration as is stated in his contract.
1. Yes, because the terms of the contract call for arbitration to settle disputes.
2. Yes, because the courts will not hear contract cases when a contract calls for arbitration.
3. No, because the Federal Arbitration Act will permit court suits in cases where equity or legal grounds exist to revoke them.
4. No, because the terms of the contract, itself, allow him to bring the suit in the Court system as John did not give him thirty days notice.
4. Assuming that Jolly gets to keep the suit in the Court System, under what legal theory is he most likely to win his case.
1. It is an adhesion contract, which, by definition, is a contract whose terms he was unable to negotiate.
2. It is an unconscionable contract because CCI used their dominant position to impose an unfair, “covenant not to compete,” clause and Jolly had no other job alternative at the time.
3. It is against public policy because the covenant not to compete is so long it approaches slavery.
4. It is an adhesion contract, but its terms are so unfair that the court could use its equity power to make it fair.
5. Jill Jackal has also filed suit against CCI as she has not yet received her promised royalty checks. Will Jill win?
1. No, because the oral agreement between Troll and Jackal cannot be heard by the court as it is not an exception to the parole evidence
2. No, because even if the Court heard the evidence, the oral agreement is not supported by any consideration.
3. Yes, because the cartoon was her creation and CCI should have to pay her for her ideas.
4. Yes, because her employment contract was amended by Troll when he verbally agreed to pay the royalty premium.
SHORT ANSWER: 2 points
Instructions: In six to eight sentences explain your answers to the following questions
Can the Board sue Troll and John for corporate negligence?
If so, why?
If not, why not?
ESSAY: 3 points
Instructions: Frame a complete definition of the legal question asked and explain how the law applies to the facts. Suggested length is two to three paragraphs.
Is FAMUSA a viable corporate entity in the eyes of the law? Explain. Be sure to include in your answer a discussion of the nature of a corporation and how it can be formed.
Joan and Don own “Hot Diggety Dogs,” (HDD) a vending cart business which sells gourmet hot dogs on the Streets of Richmond, Virginia. The partners operate four hot dog carts scattered at various points in the Downtown area close to the office and retail shops. They have a vendor’s license from the City to operate their business. HDD is very successful. Their best selling gourmet dog, “The French Doogle,” is so popular that it was the subject of a Food Network, “Show Down” with Iron Chef, Bobby Flay. The, “French Doogle,” won the competition. Joan and Don are understandably, very proud of their products.
In addition, while Joan and Don where busy with the festival happenings. Jack, signed three new HDD franchise contracts, and took deposits totaling fifty thousand dollars. Upon his arrival back in Richmond he finds out the problems with the festival and wants out of the partnership. He feels his partners did not include him in their decision-making and that he should not have to pay for their mistakes. He does inform them of the franchise agreements. However, he also informs them that he is leaving with the fifty thousand dollars he collected from the companies, because it is the same amount he put in to the business.
Joan and Don look to you for advice. They have come with the following list of questions for you to answer:
MULTIPLE CHOICE: 1pt each
1. If the law suits are successful against HDD will Jack have to pay too?
1. No, because he didn’t get to vote on the decision to participate in the festival.
2. No, because no one knew that he had become a partner.
3. Yes, only to the extent of his fifty thousand dollar contribution.
4. Yes, because an incoming partner is personally liable for debts and obligations incurred by the partnership after becoming a partner.
2. Does the fact that there is no written partnership agreement for HDD mean that no partnership exists?
1. No, a partnership may be oral or written.
2. No, a partnership can be implied by the actions of the party toward others.
3. Yes, because no one on the outside can tell if they are partners or not.
4. Both a and b
3. If the law suits are successful, and if HDD does not have enough money to pay for what has been ordered, do the partners have to personally pay the difference?
1. No, because the partnership is considered a person in the eyes of the law and the partners are not personally liable for what the partnership does.
2. Yes, partners are both jointly and severally liable for torts against third parties.
3. Yes, they will each be equally liable for torts against third parties.
4. Yes, because partners are jointly liable for debts of the partnership.
4. Joan and Don feel that they should not be responsible for the customer’s damages, because they told all HDD employees never to leave the hot dog boxes lying around the cart. Will this fact get them off the hook?
1. No, because as an agent of HDD the employee’s actions are deemed their actions.
2. No, because the act was committed within the scope of employment.
3. Yes, because the employee was acting outside the scope of employment by not adhering to the rules.
4. Both a and b
5. Joan and Don do not want to continue with the Franchise business with Jack gone. Is it possible for them to get out of the contracts by claiming they did not know Jack was making them?
1. Yes, because they can show how busy they were at the Festival.
2. Yes, because they can show that they did not authorize Jack to make the contracts.
3. No, because partners are agents of each other and the partnership.
4. No, because contracts entered into on behalf of the partnership are binding on the partnership.
SHORT ANSWER: 2pts
Instructions: In six to eight sentences explain your answers to the following questions.
Joan and Don are also concerned about their contract with Salvo Foods. They would like to know if they can get reimbursed for the forty-five hundred dollars of business they lost and the money they paid Salvo for the buns and delivery. Under the UCC explain two of the best warranty theories that would help HDD to recover there losses.
ESSAY: 3 points
Instructions: Frame a complete definition of the legal question asked and explain how the law applies to the facts. Suggested length is two to three paragraphs
Joan and Don still have a very major concern left to ask you about. They cannot continue doing business without a repeal of the city ordinance which has caused them to receive several citations from the city of Richmond. They want to fight the City and go to court with the citations. They feel that the ordinance is in violation of the constitutional right to do business and that were not even given a chance to protest the law. Do you agree? Define the constitutional law theory that would help Joan and Don to defeat the law and its application to their business. Make sure that you are complete in your analysis by incorporating any tests or defenses that may apply.
Select one debated topic from the three below, and construct a 500-word (minimum) academic essay that provides an overview of the debate—making certain to include key individuals, events, acts, the time period, the location, and why the debate was initiated. Identify the victor and why you feel they “won” the debate. Considering current events, what events experienced today are similar to your selected debated topic? Explain whether political, religious, or economic concerns were the most dominant motivation. Click here for a PDF of additional requirements for Unit III essay sources. HY 1110, American History I 3 Debated Topics (choose one) 1. The appropriate action of the colonists in response to taxation imposed by the British crown 2. The proper response by American colonists concerning the standing presence of British officials and soldiers 3. The ability of the colonists to rule themselves while still respecting the king’s authority
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