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1 page/β‰ˆ275 words
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APA
Subject:
Business & Marketing
Type:
Research Paper
Language:
English (U.S.)
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Unit V Briefing Paper 1: Critical Legal Thinking Question

Research Paper Instructions:

1. Read the Call-of-the-Question carefully, and follow the instructions for each subject. Prepare four Briefing Papers using the APA Format for Research Papers, and upload them as one document for your response.
Briefing Paper 1: Critical Legal Thinking
Instructions:
o Read Bank of America, N. A. v. Barr – Cheeseman text page 293-294
o Respond to the three Case Questions found in Cheeseman Text page 294
o Brief the facts of the case and assume your boss is seeking your opinions as noted in the Critical Legal Thinking, Ethics, and Contemporary Business questions. Argue both sides of all issues.
Briefing Paper 2: Law Case with Answers
Instructions:
o Read Edward A. Kemmler Memorial Foundation v. Mitchell - Cheeseman text page 305-306
o Brief the facts of the case and assume your boss is seeking your opinions as noted on what facts the Supreme Court of Ohio based its decision and what could the Partners have done differently that would have changed the decision in this case.
o Provide convincing arguments for both sides of your recommendations.
Briefing Paper 3: Critical Legal Thinking Cases
Instructions:
o Read Sections 14.4 Tort Liability; (p. 307) 15.3 Liability of a Franchisee; (p. 325) 14.2 Liability of General Partners; (p. 306); and 15.5 Liability of members (p. 325-326)
o Check the decisions of the highest appellate courts, if a case is cited, for each fact pattern.
o Brief the facts of the cases and assume your boss is seeking your opinions as noted on whether each of the four subjects affect business in the United States and if so, provide the worst and best case scenarios.
Briefing Paper 4: Ethics Case
Instructions:
o Read Section 14.8 Ethics – Cheeseman text page 307
o Brief the facts of the case and assume your boss is seeking your opinions as noted on the 3 questions found at the end of Section 14.8. Argue both sides of all issues.

Research Paper Sample Content Preview:

Critical Legal Thinking
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Briefing Paper 1: Critical Legal Thinking Read Bank of America, N. A. v. Barr
A sole proprietor is a business owner who oversees business operations, while the ownership cannot be separated from the person, the sole proprietors do not share the profits, debts and liabilities with other people compared to partners and companies. The owner pays the taxes arising out of business operations. Barr failed to pay an outstanding on payment provided by Fleet Bank, now taken acquired by the Bank of America. Barr acted unethically as he was obliged to pay the amount as the owner of Stone Scone. There is no legal distinction between h business owners and the businesses, and hence they are held responsible for liabilities.
Briefing Paper 2: Law Case with Answers: Edward A. Kemmler Memorial Foundation v. Mitchell
Mitchell and Davis were partners who agreed that Davis would be solely responsible for the debt to Edward A. Kemmler Memorial Foundation (Cheeseman, 2013). Even though, the judges held that the two partners were jointly responsible for the debt, it was Davis’ mistake and failure to inform the Edward A Kemmler Memorial Foundation, about the debt agreement that led to both being held responsible for the debt. However, under partnership partners are responsible for debts and liabilities, while they also share profits as per the partnership agreement. The courts did not err in holding that the partners were jointly liable for the debt.
Briefing Paper 3: Critical Legal Thinking Cases 14.4 Tort Liability
In Hayes V. Tarbenson, Thatcher, McGrath, Treadwell & Shoemaker, the plaintiff sued McGrath and the law firm having been shot by McGrath after a quarrel outside a restaurant and bar. The plaintiff and defendant interacted beyond the working hours at approximately 1: 45 am (Cheeseman, 2013). Tort liability against partners can be brought before a law court when a business partner causes injury to another person during the course of conducting business. McGrath was socializing rather than conducting business, and the other persons should not be held responsible for McGrath’s actions. .
15.3 Liability of a Franchisee Liability of a Franchisee - Cislaw v. Southland Corporation
The Cislaw couple sued the Costa Mesa 7 Eleven franchise...
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