Business Law Reflection Assignment

Assignment One:

 

Although the original goal of the juvenile court was to care for the wayward child through therapeutic interventions, there are many individuals calling for juveniles to be treated as adult offenders. The current debate between those pushing for harsher juvenile punishment and those asking for treatment may lead to a shift in the way juveniles are processed in juvenile courts and the type of disposition or sentences they will receive.

 

Using the course materials, textbook, library, and Web resources, research juvenile justice, and comment on the following statement:

 

Juvenile delinquents should be treated and sentenced like adult offenders.

Identify and discuss 4 different reasons that support your argument.

 

Assignment Guidelines:

 

Research the different perspectives on juvenile justice and sentencing.

In 4–6 paragraphs, address the following:

Identify and discuss 4 different reasons that support your argument of whether or not juveniles should be treated and sentenced like adults.

 

Use research to support your argument.

 

Assignment Two:

 

The justice model is a sentencing approach that uses determinate sentences, or fixed punishment terms; calls for the elimination of parole; and makes treatment voluntary. The justice model views crime reduction and successful incarceration as possible only if all offenders serve the same sentence for the same crime. This model posits that crime will continue or decrease to the extent that all offenders are treated the same.

 

In this assignment, you will prepare a written critical assessment of the strengths and weaknesses of the justice sentencing model.

 

Assignment Guidelines:

 

Address the following in a Word document of 3–5 pages:

Identify the specific goals and challenges of the model.

Use specific examples from case studies to support your critique.

Do you feel that the model is an effective approach to the criminal justice system? Why or why not?

Identify specific research findings to support your analysis.

How viable is the model in managing costs and other current challenges facing correctional managers? Explain.

Identify specific philosophical or social issues that could be used to support your conclusion.

 

Be sure to reference all sources using APA style.

 

 

 

·  According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.

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comparative negligence

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assumption of risk

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contributive negligence

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strict liability

·  2

Which best describes assumption of the risk in a negligence case?

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The defendant gave advance warning to the plaintiff that an injury would occur.

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The plaintiff was involved in an abnormally dangerous activity.

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The plaintiff is more at fault than the defendant in causing the accident.

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The plaintiff knowingly and willingly subjected herself to a risky activity. 

·  3

Bartie’s, Inc. sells watercolors and pastels that are marketed as safe for use by children. However, several accounts of lead poisoning were reported in children who used the products. An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of the heavy metal. Which of the following torts has Bartie’s, Inc. committed? 

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Professional malpractice

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Intentional misrepresentation

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Assault

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Disparagement

·  4

Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for 

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disparagement

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intentional misrepresentation

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misappropriation of the right to publicity

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tort of appropriation

·  5

A plaintiff wants to sue a defendant under the tort theory of negligence for his injuries, but the plaintiff knows he was partially at fault for his own injuries. Which of the following is true?

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The plaintiff will have to elect whether to sue under comparative or contributory negligence.

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Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.

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If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence.

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A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries 

·  6

Diane bought an action figure for her son David from Terrence’s Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence’s Toy Shop for damages?

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Misrepresentation

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Negligence

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Fraud

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Nuisance

·  7

Which of the following is a key element of successful Enterprise Risk Management?

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Strong investment strategies

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Legal counsel

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Nondisclosure agreements

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Management commitment

·  8

Assuming that statutory requirements have been met, what is protected under merchant protection statutes?

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Merchants are protected from product disparagement claims of their competitors.

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Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting.

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Merchants are protected from negligence claims on their business premises.

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Merchants are protected from the intentional torts of their customers. 

·  9

Which of the following is the best statement of the test applied in determining if a defendant’s actions were the proximate cause of the plaintiff’s injuries?

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Was it foreseeable that the defendant’s conduct would lead to the kind of injury that the plaintiff suffered?

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Was it foreseeable to the plaintiff that the defendant would engage in this conduct?

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Was the injury foreseeable to the plaintiff prior to the injury’s occurrence?

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Was it foreseeable that the defendant was the cause of the plaintiff’s injuries given the nature of those injuries?

·  10

Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for

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invasion of privacy

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disparagement

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libel

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slander

·  11

Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation?

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Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car.

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John can file a negligence lawsuit against the dealership from which he bought the car.

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Mary can file a negligence lawsuit against the dealership that sold John his car.

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Mary can file a strict liability lawsuit against John.

·  12

George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during takeoff. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?

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All the men recover the same amount of damages, irrespective of their income or profession

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Harry, a chartered accountant who earns $200,000 a year

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Jerry, a professional football player who earns $2 million a year

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George, a retired professor who gets a pension of $50,000 a year

·  13

Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process.

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ongoing

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informal

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static

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one-time

·  14

Dorothy purchases a chair that was made by Woode Designs, Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sits on the chair, it breaks and she is injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?

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Failure to warn

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Defect in manufacture

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Failure to provide adequate instructions

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Defect in design

·  15

In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect that

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affected the value of the product

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made the product unreasonably dangerous

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the defendant was aware of

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was caused by the defendant

·  16

The failure to design an automobile that will properly protect the occupants from a person’s body striking something inside their automobile is known as the 

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failure to design doctrine

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defective design doctrine

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crashworthiness doctrine 

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quality control doctrine

·  17

John Harley was on his way home when an assailant stopped his car and threatened to physically harm him for driving on that street. John can sue the assailant to recover damages for

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battery

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disparagement

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libel

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assault

·  18

Which of the following is a defect in manufacture?

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Failure to properly design the product

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Failure to include adequate instructions for the product

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Failure to properly test the product

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Failure to properly package the product

·  19

Which of the statements below best describes the concept of Enterprise Risk Management?  

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Management of a single function of an organization that, upon implementation and testing, is then processed entity wide

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A process affected by an entity’s leaders, management, and other personnel that is designed to identify potential events that may affect the entity, and to manage risk

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An approach that capitalizes on human intervention as processed through real change leaders

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People, systems, and processes working together across the organizations to systematically thin about and manage a wide range of risks that could impede achieving organizational objectives/opportunity

·  20

How does product disparagement differ from defamation of a nonpublic figure?

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Publication to a third party is required in the disparagement case, but not in the defamation case

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Malicious intent is required for the defamation case, but not in the disparagement case

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Publication to a third party is required in the defamation case, but not in the disparagement case

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Malicious intent is required for a disparagement case, but is not required in the defamation case

 

Guidelines

The word limit is 2400 words. If the assignment exceeds the word limit by 100 words or less, there will be no penalty. If the assignment exceeds the word limit by more than 100 words, there will be a penalty of half a mark deducted for each extra 50 words or part thereof. Footnotes will not comprise part of the word count nor will a bibliography. If the assignment word count is well below 2400 words (2100 words or less) there will be penalty.

Refer to the Rules concerning all assignments for the circumstances when these penalties may be waived. Remember that the extension to the submission deadline is exception rather than the rule and it can be granted only in exceptional circumstances.

The assignment may cover all unit objectives, though content will vary with the topic selected. In addition to matters developed in more detail below the marker will examine whether you have:

1. identified and clearly stated the relevant issues;

2. applied relevant legal principles to the resolution of these issues;

3. critically analysed deficiencies in the law and recommended appropriate changes to the law;

4. integrated and evaluated relevant knowledge from both the material covered in this unit and your own independent research;

5. developed and sustained a concise and convincing legal argument through to a logical conclusion;

6. correctly referenced and acknowledged sources;

7. fluent, clear, concise writing, not containing poor expression, grammar or spelling; and

8. answered the specific question asked.

 

It is most important that your assignment address the issues raised in your chosen topic. Think about the topic and make sure you understand what the topic is about before you proceed. Marks cannot be awarded for irrelevant material, no matter how good that material is. The assignment should contain:

1. an introduction, clearly setting out the broad direction of the assignment, its objectives, any parameters of the assignment, and perhaps a summary of the arguments;

2. presentation of argument, review of literature and compilation of evidence relevant to the topic;

3. conclusion, clearly summarising the arguments or findings;

4. a reference list, setting out all the books, articles and other sources you have referred to in the course of writing the assignment. You need not have necessarily read each reference from start to finish, but you should have at least looked up each reference;

5. accurate citation of your sources of information. Your written material must be presented in accordance with the most recent Australian Guide to Legal Citation (AGLC) adopted by this School (you can download a copy of the AGLC from <http://mulr.law.unimelb.edu.au/files/aglcdl.pdf>).

 

Students should note the following:

 Many people are not familiar with the requirements of assignments. Basically they are like any other piece of good writing. They must have a beginning, a middle and an end. They must be organised so that one point leads to another in a logical sequence. Headings and subheadings are usually of assistance to the reader, who should be easily able to ascertain the logic of your arguments. You should look at the articles you read in the course of your research as a model for style and organisation.

 Statements of fact must be supported by referencing in the proper form. Also arguments and ideas you are adopting or disagree with must be properly referenced. This is one of the most important aspects of your assignment, and severe penalties will be imposed if you do not reference. Be aware of the University’s and Law School’s rules on plagiarism. You should avoid overreliance on only a small number of sources. You are expected to have read widely on the chosen topic.

 You are expected to employ your critical and analytical skills in this assignment. Avoid mere description or regurgitation and do not quote excessively. Generally speaking, no more than 10% of the assignment should be direct quotes or substantive copying of other people’s work. Both your observations and your use of other people’s writing should reflect this critical/analytical dimension. In sum, your intellectual input should be clearly discernible in the assignment.

 You are not marked for your political or social views or opinions, but rather for your ability to present coherent, rational and logical arguments, properly supported by authority.

 

 You are also marked for your ability to express yourself clearly, logically and succinctly. Poor expression, grammar and spelling will detract from your overall mark.