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Learning Activity W1

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PLEASE READ “INTRO TO 380” module in Content before proceeding with week 1 learning activities – this is essential.

 

 

Read in Content, the module, “Policies: Learning Activities & Discussions – Read Me!” for guidance on preparing outstanding Learning Activities.

General Instructions for Learning Activities   

· Read/watch all assigned materials listed for the week in Overview above

· Cite to assigned materials in all responses in Learning Activities

· Use only assigned materials to complete Learning Activities; do not use the internet unless otherwise instructed

· Include in-text citations and a Reference List for in-text citations  

· Write in correct, complete sentences, in paragraph format unless otherwise instructed

· Submit Learning Activities to Assignment Folder

Review Content modules:

· Writing Introductory Sentences and Paragraphs

· Writing Concluding Paragraphs

· How to Support Arguments and Positions

Tips for Formatting and Structuring Analysis:

· Write in complete sentences in paragraph format.

· Use in-text citations citing to relevant assignment materials.     

· Double-space; 12-point Arial or Times Roman font.

· Introductory Sentence:  Begin with an introductory sentence or very brief paragraph that states your conclusion to the questions asked.  

· Concluding Sentence:  End the discussion with a concluding sentence or a very brief paragraph that summarizes your conclusion/what you discussed.

· Support Arguments and Positions:   Please refer to the module in Content, “How to Support Arguments and Positions”. 

Learning Activity: 

Background Facts You Need To Know: Viral Clean (Clean) is incorporated and located in Maryland, but it engages in business in all Mid-Atlantic states. Clean uses its line of disinfectant and cleaning products, and it also sells its products to other companies via the internet.

Recently, the Delaware legislature enacted a law banning all sales and importation, until further notice, of Clean’s Shine-It surface cleaner in Delaware,  The Delaware Attorney General’s Office investigated consumer complaints. It discovered that one of the ingredients in Shine-It is contaminated and causes a quick-growing mold to spread on surfaces to which it is applied. The mold can be toxic to humans and can cause damage to surfaces.

Clean wants to continue selling Shine-It in Delaware.  If Clean can sell Shine-It in Delaware, it will increase its income and profits.  Clean, therefore, intends to challenge the new law as unconstitutional, and it has consulted TLG for advice.   

Winnie and Ralph ask you to prepare a summary report of relevant constitutional law for a meeting with them and Clean’s owners.

Instructions

Report You Need to Prepare: Prepare a report that addresses the following three questions:

1. Analyze and explain whether the Delaware restriction on the sale of Shine-It violates the Interstate Commerce Clause.

Fully explain your conclusions based on constitutional law.

2. Analyze whether the doctrine of “police powers” derived from the 10th Amendment of the U.S. Constitution applies to the Delaware law.

Fully explain your conclusions based on constitutional law.

3. Discuss why it is essential for businesses to understand the impact of the Interstate Commerce Clause and state police powers.

 

Due Date

Jan 15, 2022 11:59 PM

Hide Rubrics

Rubric Name: BMGT 380 Rubric for Weekly Learning Activities – (=100%) – Spring 2022

Print Rubric

This table lists criteria and criteria group names in the first column. The first row lists level names and includes scores if the rubric uses a numeric scoring method. You can give feedback on each criterion by tabbing to the add feedback buttons in the table.Criteria

Outstanding

Above Standards

Meets Standards

Approaching or Does not meet Standards

Criterion Score

Learning Activity Analysis

60 points

Demonstrates critical analysis, in-depth and  comprehensive development of concepts, accurately identifies all issues and their application to facts.

Shows clear evidence of having read course materials and applying them to support conclusions.  

Range: 54 – 60%

53.9 points

Demonstrates generally superior critical analysis, relatively in-depth and comprehensive development of concepts, accurately identifies most -not all – issues and their application to facts.

Some  evidence of having read course materials and applying them to support conclusions.

Additional development and more comprehensive analysis  needed.

Range: 48 – 53.9%

4

7.9 points

Demonstrates some to minimal  critical analysis and insight into concepts and issues, and their application to facts.

Analysis is largely superficial in one/more areas and sufficient only to meet minimum requirements of learning activity with little evidence of  insight and/or support for conclusions.  

Range: 42 – 47.9%

41.9 points

Does not meet minimal requirements for assignment.

Little to no critical analysis, comprehensive development of concepts and issues and their application to facts.

Little to no support for conclusions.

Inferior in all areas.

Range: 0 – 41.9%

Score of Learning Activity Analysis,/ 60

Writing Clarity & Mechanics

10 points

Demonstrates clear, organized, specific comments presented in an easy to read style that is free of grammatical, spelling, and mechanical errors.

Range: .9 -10%

8.5 points

Demonstrates generally clear, organized, specific comments with minor errors in grammar, and/or spelling, and or mechanics.

Range:8 – 8.5%

7.5 points

Demonstrates generally satisfactory clear, specific comments with errors in grammar, and/or spelling, and/or mechanics.

Range: .7 – 7.5%

6.5 points

Presentation lacks organization, clarity, accuracy with little to no evidence of proofreading or attempt at applying proper writing mechanics.

Range: 0 – 6.5%

Score of Writing Clarity & Mechanics,/ 10

APA Citation format Usage

20 points

Posts contain the appropriate APA intext citations with Reference list in proper format. No errors are present.

Range: 18 – 20%

17.9 points

Attempts intext citations and Reference list but some errors in formatting exist; paraphrasing is not accurate or in-text citations are omitted where citations are warranted.

Range: .16 – 17.9%

15.9 points

Attempts intext citations or Reference list but omits one or the other. Intext citations or Reference list reflect significant errors or citations omitted where citations are warranted.

Range: 14 – 159%

13.9 points

No evidence of APA usage.

Range 0 – 13.9%

Score of APA Citation format Usage,/ 20

Adheres to Instructions

10 points

Fully follows instructions; completes all required parts of the Learning Activity.

Range: 9 – 10%

8.9 points

Follows most,  instructions, and/or  attempts most required parts of the Learning Activity.

Range 8 -8.9%

7.9 points

Follows some instructions but completes all critical parts of Learning Activity.

Range 7 -7.9%

6.9 points

Fails to follow instructions and, as a result, fails to complete required parts of Learning Activity.

0 – 6.9%

Score of Adheres to Instructions,/ 10

Rubric Total ScoreTotal

Score of BMGT 380 Rubric for Weekly Learning Activities – (=100%) – Spring 2022,/ 100Criterion score has been overridden

Overall Score

Overall Score

Equivalent to an A90 points minimum

Equivalent to a B80 points minimum

Equivalent to a C70 points minimum

Equivalent to a D – F60 points minimum

Overview: Introduction to Law, Legal Systems, Courts, and Jurisdiction

This week’s Learning Outcomes:

After completing this week’s learning exercises, students will be able to

· Discuss the nature and purposes of law

· Explain the fundamentals of the U.S. legal system

· Compare and contrast civil v. criminal law

· Describe the structure of the U.S. court system

· Discuss the concept of jurisdiction and apply it to a specific scenario

· Analyze constitutional powers granted to governments

· Analyze state police powers

· Evaluate and apply alternative dispute resolution (ADR)

This week’s learning outcomes relate to the following course outcome(s):    

· Recommend appropriate actions in the business environment based on an understanding of law, the U.S. legal and court systems, constitutional law, legal process and procedures, and the interrelationship of law and business.

Major Concepts:

Constitutional Power of Governments: 

Review the U.S. Constitution, with particular attention on the Articles and the Bill of Rights/First Ten Amendments.

·

Th

e

 U.S. Constitution

https://www.archives.gov/founding-docs/constitution

Police Powers: 

The U.S. Constitution grants authority and powers to the federal government.  Powers not specifically designated for the federal government are reserved as powers for the individual states.  So-called “police powers” are reserved for the states.

·

Police Powers of States

https://definitions.uslegal.com/p/police-powers/

·

Examples of Police Powers of States

https://biotech.law.lsu.edu/map/ThePolicePower.html

Jurisdiction of Courts:

Jurisdiction, the authority of a court to hear a case, is an important legal concept for business owners and managers to understand.  Jurisdiction is increasingly complex with the expansion of e-commerce and global business.  

·

Jurisdiction: Definitions and Examples

https://legaldictionary.net/jurisdiction/

·

Jurisdiction and Internet Sales

https://corporate.findlaw.com/law-library/jurisdiction-in-cyberspace.html

Alternative Dispute Resolution (ADR): 

Traditionally, legal disputes were resolved in the courts, but legal alternatives for resolving disputes outside the courtroom are increasingly popular.  ADR is appropriate for certain types of cases, e.g., disputes where there is a dispute of facts; ADR is not appropriate for all disputes, e.g., a dispute involving a question of constitutional law.

·

Alternative Dispute Resolution (ADR)

Assigned Materials to Read/Watch:

Instructor Notes (see link below Overview)

Week 1 Introduction (see link below Overview)

How to cite an e-textbook (see link below Overview)

Note:  links to assigned materials are embedded in the hyperlinks below, unless otherwise noted.

Saylor:  Government Regulation and the Legal Environment of Business e-textbook:

·

Chapter 1 – Introduction to Law and the Legal System 

https://www.findlaw.com/adr/arbitration/arbitration-overview.html

·

Chapter 3: Courts and the Legal Process

https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s06-courts-and-the-legal-process.html

·

Chapter 4: Constitutional Law and U.S. Commerce

https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s07-constitutional-law-and-us-comm.html

Civil v. Criminal Law

https://www.diffen.com/difference/Civil_Law_vs_Criminal_Law

Writing Introductory Sentences and Paragraphs (see module in Content to left of screen)

Writing Concluding Paragraphs (see module in Content to left of screen)

How to Support Arguments and Positions (see module in Content to left of screen)

Complete:

· Read “Introduction to 380” module in Content

· Read course syllabus in the Syllabus module in Content

· Review late policy in the Late Policy module in Content

Instructor Notes.html
To assist you in completing consulting assignments for TLG, it is important to review some basic concepts relevant to the legal system and constitutional law. 

First, review the concept of federalism, the court system, and common law v. civil law, and the nature of law and the legal process.  

Some important points are:

(1)  the primary purpose of the law is to establish a set of rules and guidelines for society to promote order and to create parameters for acceptable and prohibited behavior;

(2)  laws are inevitably subject to interpretation and reinterpretation by courts;

(3)  laws must be reasonably specific, and yet sufficiently general, with inherent flexibility, to withstand the rigors of interpretation and the “test of time”;

(4)  laws that strike a balance as described in (3) above, usually endure as relevant, applicable rules, even with societal changes and reinterpretations;

example:   the U.S. Constitution has withstood the test of time, partly because of an inherent balance of specificity, generality, and flexibility

(5) laws are promulgated and interpreted by human beings, and thus, are imperfect;

(6) some laws have a worthy purpose, but are difficult to adequately enforce i.e. speed limit laws;

(7) all laws are not necessarily ethical; some conduct can be legal, but considered unethical;

(8)  U.S. law has a very dominant protective purpose – protecting all citizens, as well as providing special protections for certain groups of people, in certain circumstances, i.e., minors; 

(9) fairness to all is a primary goal of the law, but what is fair to one group may be unfair to another group; what is fair in one situation may be unfair in another situation – every right granted to an individual or group, to some extent, impinges on the rights of another individual or group;

(10)  legislatures enacting laws, and courts interpreting laws, must weigh and balance the right(s) granted v. the rights restricted by a specific law to determine if the law is justifiable and fair – this weighing and balancing involves determining if there a compelling public interest or purpose for the law that justifies granting certain rights while restricting other rights;

example:  highway speed limit laws protect everyone (drivers, passengers, and pedestrians), but also restrict the freedom of drivers to drive at a speed of their choice – on balance, the restriction is easily justified as there is an important purpose in protecting drivers, passengers, and pedestrians  
example:  laws that prohibit alcohol consumption/purchase by minors grant rights to those 21 years and older, and restrict rights of those under 21 years – on balance, society, legislatures, and courts have determined this law is justified as Society has a strong public interest in protecting minors who may not have reached a level of maturity and judgment to handle the right to choose to consume/purchase alcohol

(11)  the familiar symbol for law and the legal system is the Scale of Justice showing a blindfolded lady that represents the weighing and balancing process necessary to balance rights v. restrictions granted and imposed by laws.

Week 1 Overview.html

Introduction to the U.S. Legal and Court Systems, Jurisdiction, Constitutional Law, Alternative Dispute Resolution

Introduction to Law and Legal Systems

The legal system is a complex set of rules that provide a framework of predictability and reasonable consistency and continuity for persons and businesses.  All laws have a purpose.  Generally, laws maintain order in Society, protect persons and property, provide guidelines for acceptable, mandatory and prohibited conduct, and establish parameters for handling personal affairs as well as for business transactions and operations.  Laws are dynamic and evolve to reflect changes in Societal needs, interests and demands.  The primary sources of US law include:  the US Constitution, state constitutions, state statutes, federal statutes, administrative law, treaties, and Common Law (also called case law).  US law is divided into two categories, (1) criminal law, called public law, and (2) civil law, or private law.  Criminal law governs offenses considered to be offenses against all Society in general, not just against a specific “victim”; civil law involves private disputes and offenses between individuals.   

Courts and the Legal System, Jurisdiction

The US legal system is based on the old English Common Law system, and thus, the US system is often called a “common law system”, meaning we derive laws from various sources such as statutes and constitutions, but also from case decisions/rulings that are referred to as “case law”.  Case law is an important source of US law that is derived from court cases in which the appropriate court reviews the facts, applies and interprets the relevant law(s) to render a decision, that is, a ruling or holding.   Court decisions have the same force and effect of a law from any other source.

There is a court system for each state, plus the District of Columbia system, as well as a federal court system.  These court systems include trial level courts, intermediate appellate courts, and superior/supreme courts.  There are also specialty federal level courts such as US Bankruptcy Court, US Tax Court, Court of Federal Claims, and the Court of International Trade.   The US Supreme Court is considered the supreme “court in the land”. 

Jurisdiction refers to the legal authority of a court to hear a case and to call parties to the case into court.  The three types of jurisdiction in courts are:

Original Jurisdiction– the court that gets to hear a case first. 
Appellate Jurisdiction– the power for a higher court to review a lower court’s decision.
Exclusive Jurisdiction– only a specific court can hear a specific type of case.

Courts must have subject matter jurisdiction in each case it hears, as well as personal jurisdiction or property jurisdiction (in rem) jurisdiction in each case. 

Constitutional Authority to Regulate Business

Constitutional authority of the federal and state governments to regulate private and public conduct, and to regulate business, is established in the U.S. Constitution. Article VI of the US Constitution, referred to as the “supremacy clause”, establishes the US Constitution as the supreme law of the land, and neither the US Congress nor any state may enact a law that conflicts with the US Constitution.  Constitutional authority to regulate business activities comes from several sources.  One source of authority derives from the Tenth Amendment that grants to the states so-called “police powers” to regulate private activities to protect the general health, safety, and welfare of the public.  Another source of authority comes from Article 1, Section 8, of the US Constitution that empowers the federal government to regulate interstate, and to some extent intrastate, commerce; states are prohibited from enacting laws that unduly interfere with interstate commerce and trade.  The Bill of Rights protects businesses from undue governmental interference in business activities, but also permits some restrictive regulation related to commercial speech, political speech and property searches and seizures.   (Clarkson, K., Miller, R., & Cross, F., 2012, pp. 74-85)

Alternative Dispute Resolution (ADR)

Alternative dispute resolution (ADR) provides an alternative to litigation and the court system in order to resolve civil disputes.  It is most useful for family disputes of all types, neighbor and property disputes, and some employment disputes; it is not appropriate for all types of cases.  ADR is advantageous because it can be more flexible, less costly, and less time consuming than litigation.  Types of ADR include negotiation, mediation, non-binding arbitration, and binding arbitration.  With the exception of binding arbitration agreements in labor and business contracts, parties to a dispute may participate in ADR, but retain the legal right to go to court if they are not satisfied with the recommendation/outcome of ADR, or cannot agree to a final resolution of the dispute in an ADR process.

Reference:  Clarkson, K., Miller, R., & Cross, F. (2012), Business Law Text and Cases.   Mason, OH:  South-Western, Cengage Learning.

How to Cite a Saylor eBook.html

APA General Citation Rule for In-text Citations: When there is no author given for a book, use the title of the book and the publication date.  

The title of the book should be in italics; the publisher and publication date are not in italics.

How to cite a Saylor e-textbook or any e-textbook in an intext citation:  

(Government Regulation and the Legal Environment of Business, 2012)

How to cite an e-textbook in the listing of References:

References

Government Regulation and the Legal Environment of Business (2012).  Saylor Academy.       

Table of Contents.html
 

BMGT 380 6385 Business Law I (2222) – Week 1: Introduction to Law – Jan 12 – Jan 18
1. Instructor Notes

2. Week 1 Introduction

3. How to Cite a Saylor e-textbook