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ID: 356544 • Letter: S
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suppose farmer suppose farmer suppose farmer suppose farmer suppose farmerBusiness law products, and engage in employment and labor practices-activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues s a fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business worle. s enter Prompt: Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studies and compose a short report for each, applying ocus on areas of law covered in this course. Case Study One focuses on the legal system, criminal law, and your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will Case Study One: Chris, Matt, and lan, who live in California, have decided to start a business selling an aftershave lotion They contract with Novelty Now Inc, a company based in Florida, to manufacture Novelty No substitute PYR (a low-cost chemical emulsifier) for on the radio and in newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and public speaker, buys one bottle of the internet. After he uses it once, his face turns a permanent shade of blue. Donald state of New York against Novelty Now Inc. and Chris, Matt, and lan, alleging negligence and seeking medical costs and and business reputation. It is discovered that PYR caused cannot take Chris, Matt, and lan to court. Novelty Now's contract with the three men states that all disputes must be brought in the state of Florida. w to design the product and to plan marketing and distribution strategies. In fact, to increase the profit margin, Chris directs Novelty Now to Chris frequently meets with a representative from the compound in Novelty Now's original formula. PYR is not FDA approved. Funny Face is marketed nationally and distribute the product. Margolin and his company, Donald Margolin Empire Inc, file suit in the Margolin's skin discoloration. The website for Funny Face states that anyone buying their product Funny Face over for the damage to his face Specifically, the following critical elements must be addressed A. Apply the rules of jurisdiction to the facts of this case and determine what jurisdiction's) would be appropriate for Margolin's lawsult against Funny Face and Novelty Now, respectively. Consider federal court, state court, and long arm principles in your analysis B. Assume all parties agree to pursue alternative dispute resolution (ADR). Analyze the advantages and disadvantages of two types of ADR appropriate for this case. Be sure to define the characteristics of each in your answer C. Applying what you have learned about ADR, which type would each party (Funny Face, Novelty Now, and Margolin) prefer and why? D. Apply concepts of criminal law and discuss whether or not corporations and/or corporate officers may be held liable for criminal acts E. Identify, per the classification of crimes in the text, any potential criminal acts by Funny Face and/or Novelty Now. F. Assume the use of the emulsifier PYR, at the direction of Chris, is a criminal offense. Apply concepts of criminal law and discuss the potential criminal liability of Funny Face, Chris, Matt, lan, and Novelty Now. Include support for your conclusion Apply at least three guidelines of ethical deci G. ing to to evaluate ethical issues within the case study
Explanation / Answer
Answer to A:
According to law, the state doesn’t provide any compensation for injuries caused by the product. There are some limited federal government provisions to compensate the individuals.
In this case, the manufacturer of funny face is the primary target for defect claims. Defences including seller exceptions are afforded to non manufacturers; exceptions vary by state and require novelty to prove that it does not contribute to the defect and had no knowledge of defect in the product.
Magolin also has the responsibility to prove that the product caused him the injury on his face. In negligence claims, plaintiff must prove that defendant failed to use reasonable care and breached the duty and that that the breach resulted in magolin’s injury.
Answer to question B:
The two types of ADR relevant to this case are:
This type of ADR is aimed to resolve the differences by putting forward a position and making concessions to solve a dispute. The main advantage of this system is that each side can appreciate other side’s emotions and use it to advantage to discuss and resolve their issue.
Characters:
It can often put oneself into the shoes of other.
Both the parties can openly share their perceptions without blaming the other side.
The drawback of this system is that when both the parties pretend to negotiate, in this case magolin and the manufacturer of the product, the solve of dispute will not come to an end.
This is the way of ADR which will resolve disputes outside the court. This is the one more frequently employed in consumer and employment matters. In this case, the dispute is resolved by an impartial adjudicator whose decision to the parties will be final and binding. The main advantage of this system is that the dispute will come to an end immediately as the decision is binding on both the parties.
Characters:
This type of agreement referring to arbitration has a special status in the eyes of law.
This type of agreement has a legal significance.
The drawback under this system is that it has very limited avenues of appeal which means that an erroneous decision cant be overturned. And they are not enforceable like court judgements.
Answer to question C:
From the above types, arbitration is the type of ADR that i would prefer to apply for all the parties in this case. Because it will take a decision that is impartial to all the parties. This will not be possible in case of negotiation because the dispute is resolved by making concession. So it is a win lose situation for one party and other respectively. Whereas it is a win win situation for both the parties in arbitration.
Answer to question D:
Criminal law is a body that deals with crime. They vary according to jurisdiction and emphasis is more on dispute resolution than on punishment. The person who committed the crime may be placed in a prison or jail. Government supervision may be imposed including house arrest and the convicts have to follow the guidelines imposed on them. Fines may also be imposed on the person who committed the crime through money or from their own property.
The corporation and its officers can be held liable for the criminal acts. But a corporation cannot be imprisoned or put to death. Hence the employees or the officers who failed to exercise due care in their responsibilities can be held liable provided they committed the act with the intention of providing some benefit to the corporation or for his own benefit as well.
Answer to question E:
The potential criminal is that Chris directing novelty now for the purchase of PYR as it seems to be a low cost emulsifier and novelty now can also be punished for its offence for purchasing the PYR which has not been approved by FDA in the above case.
Answer to question F:
According to criminal law, performing a crime such as using a PYR which is not approved by FDA in the product is a punishable act. Chris is the one who instructed novelty now on the use of PYR in the product compound to increase its profit.
Answer to question G:
T here guidelines of ethical decision making would include the following:
The ethical issue in this case would be for misleading the customers for not disclosing the presence of PYR and there was no efficiency and there was no public disclosure when marketing the product was done.
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