|Subject||Business and Economics|
|Sources / references||4|
Description / paper instructions
Assignment In this assignment you are to select and make a business recommendation for the business legal issues listed. You will need to conduct the necessary legal research to support your recommendation. You are to (1) clearly identify the legal issue, (2) identify any business risk associated with the issue, (3) conduct the necessary research to support your recommendation using high quality sources and (4) Provide a recommendation that demonstrates critical thinking through a careful analysis of the problem. Your paper should be 3 – 4 pages in length, double spaced. The report must include legal citations in support of your recommendation and conclusions. Your effort on this assignment will be evaluated using the attached scoring rubric. The due date is available on the course website. I will be checking your citations. A General Research Strategy There is no one right way to conduct legal research, however the following general search strategy is considered a practical approach: Step 1: Frame the issue (try to figure out what the case is about/what legal issue or issues need to be researched. Step 2: Brainstorm search terms (think up synonyms and related terms – e.g. negligence, liability, duty of care, etc.) Step 3: Determine the jurisdiction. Step 4: Decide which format to use (print or electronic – using the internet or print library.) Step 5: Locate, read and update secondary sources (legal encyclopedias, restatements of the law, American Law Reports, legal periodicals, books,) Step 6: Locate, read and update primary authority (cases, statutes, and regulation.) Step 7: Lookup rules of procedure, ethics, non-legal and other materials if needed. Step 8: repeat the above steps as needed, depending on your search results. "Legal research is the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation." From: J. Myron Jacobstein and Roy M. Mersky, Fundamentals of Legal Research, 8th ed. (Foundation Press, 2002) p. 1. Your Next Steps 1. Pick ONE business legal issue from Topic List 1. If you have an idea for a business legal issue not on this list, please see your instructor for prior approval of an issue before you do your research. 2. Read the supplement provided at the course website: Primer: Legal Research and Case Citation 3. Review the links provided at the Blackboard site for this assignment (10 links): Click on the “Legal Research” button from the course menu. 4. Conduct your research: online and/or library. 5. If you are confused about the assignment, please schedule an office hour visit with your instructor. He is happy to help with any questions that you may have. 6. Write the paper: a) Give a summary/facts of the situation as you understand them b) Discuss the legal issue presented by the situation c) explain the relevant law that should be applied to the case and site any similar cases that you reference from your research d) explain what you believe should be the outcome of this case so as to resolve the business impact e) list the citations for any cases that you use a reference and any laws that you cite as references. See the grading rubric below (entitled BUS 10 SLO) 7. Submit your paper via Canvas by the posted due date. FAQ: What is the difference between a primary legal source and a secondary legal source? In the legal field, source classification is important because the persuasiveness of a source usually depends upon its history. Primary sources may include cases, constitutions, statutes, administrative regulations, and other sources of binding legal authority, while secondary legal sources may include books, articles, and encyclopedias. Legal writers usually prefer to cite primary sources because only primary sources are authoritative and precedential, while secondary sources are only persuasive at best. Note: To achieve a score of 4 on the Information Literacy Criteria: please find at least 4 sources of law; at least two sources should be relevant decided United States cases: Here are three sample case citations 1) Lucy v Zehmer Supreme Court of Appeals of Virginia, 196 Va 493, 84 S.E. 2D 516 (1954) 2) Hertz Corporation v. Friend United States Supreme Court 130 S.Ct. 1181 (2010) 3) Lefowitz v. great Minneapolis Surplus Store, Inc. Supreme Court of Minnesota 251. Minn. 188, 86 N.W. 2D 689 (1957) For your other law sources you may use state or federal statutes, constitutions, Administrative law/regulations, treaties, Executive orders. Your paper should be 3 – 4 pages in length, double spaced. Points may be deducted if the paper is too short in length; please check your spelling and grammar. Assignment Points Possible: 4 criteria x 95 points possible = 380 points total; range 0 to 380. textbook references: Dynamic Business Law The Essentials 4e by Kubasek 1. Title: Employment Discrimination 2. Textbook reference: Chapter 24 3. Possible search terms: ethics, employment discrimination, Title VII, past discrimination 4. Here is the situation: ABC Corporation decides to respond to what it sees as a moral obligation to correct for past discrimination by adjusting pay differences among its employee. Does this raise an ethical conflict between ABC’s employees? Between ABC and its employees? Between ABC and its shareholders?