Should legal problems be anticipated? Why and why not?Anticipation of legal problems. Should legal problems be anticipated? Why and why not? (see business activities and the legal environment.)

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June 12, 2021
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June 12, 2021

Should legal problems be anticipated? Why and why not?Anticipation of legal problems. Should legal problems be anticipated? Why and why not? (see business activities and the legal environment.)

Should legal problems be anticipated? Why and why not?Anticipation of legal problems. Should legal problems be anticipated? Why and why not? (see business activities and the legal environment.)
Ethical Questions

Chapter 1

1. Anticipation of legal problems. Should legal problems be anticipated? Why and why not? (see business activities and the legal environment.)
2. Good faith. Good faith is a concept that applies in most, if not all, areas of the law. Persons generally expected to act in good faith, which means being honest and observing reasonable commercial standards of fair dealing. Those who do not act in good faith are often considered to be in violation of the law. Why should good faith determine whether an act is legal or illegal? (see sources of American law.)

Chapter 2

1. Ethical workplace. What factors help to create an ethical workplace? (see setting the right ethical tone.)
2. Social responsibility. Government entities spend time and money to find and destroy the labs in which methamphetamine is made, imprison meth dealers and users, treat addicts, and provide services for affected families. Meth cannot be made without ingredients that are also used in cold and allergy medications. To recoup the cost of fighting the meth epidemic, twenty counties in Arkansas field a suit against Pfizer, Inc., which makes cold and allergy medications. What Pfizer’s ethical responsibility here, and to whom is it owed? Why? [Ashley county, Arkansas v. Pfizer, Inc. 552 f.3d 659( 8th Cir. 2009)] (see approaches to ethical reasoning)

Chapter 3

1. To sue or not to Sue? What ethical considerations might affect a decision in court?
2. The ethics of Arbitration. Nellie Lumpkin, who suffered from dementia, was admitted to the Picayune Convalescent Center, a nursing home. Because of her diminished mental condition, her daughter, Beverly McDaniel, signed the admissions agreement. It included a clause requiring the parties to submit any dispute to arbitration. After Lumpkin left the center two years later, she field a suit against Picayune to recover damages for mistreatment and malpractice. Is it ethical for this dispute to go to arbitration? [Covenant Health & Rehabilitations of Picayune, LP v. Lumpkin, 23 So.2d 1092 (Miss.App. 2009)] (see alternative dispute resololutions.)

Chapter 4

1. The establishment clause. Do religious displays on public property violate the establishment clause? Discuss. (See business and the bill of rights.)
2. Free speech. Aric Toll owns and manages the Balboa Island Village Inn, a restaurant and bar. Anne Lemen lives across from the inn. Lemen complained to the authorities about inn’s customers, who she called “drunks” and “whores.” Lemen told the inn’s bartender Ewa Cook that Cook “worked for Satan.” She repeated her statements to potential customers, and then inn’s sales dropped more than 20percent. The inn field a suit against Lemen. Are her statements protected by the U.S. Constitution? Did she act unethically? Explain. (See the constitutional powers of government.)

Chapter 5

1. Duty of care. Does a person’s duty of care include a duty to come to the aid of a stranger in peril? (see negligence)
2. Trespass to personal property. Who should be liable for computer viruses? Why? (see intentional Torst against property.)

Chapter 6

1. Copyright Infringement. Custom copies, Inc., prepares and sells coursepacks, which contain compilations of readings for collage courses. A teacher selects the readings and delivers a syllabus to the copy shop, which obtains the material from a library, copies them, and bind the copies. Blackwell Publishing, Inc., which owns the copyright to some of the material, field a suit, alleging copyright infringement. Does the “fair use” doctrine apply in these circumstances? Discuss. (see copyrights)

Chapter 7

1. File-sharing. From an ethical perspective, is it important to protect copyrighted music from unauthorized file-sharing and other forms of distribution online? Why or why not? (see internet law)
2. Criminal litigation and investigations. After the unauthorized release and posting of classified U.S government documents to wikileaks.org, involving Bradley Manning, a U.S. Army private first class, the U.S government began a criminal investigation. The government obtained a court order to require Twitter, Inc., to turn over subscriber information and communications to and from the e-mail addresses of Birgitta Jonsdottir and others. The court sealed the order and the other documents in the case, reasoning that “there exists no right to public notice of all the types of documents field in a…..case.” Jonsdottir and the others appealed this decision. How does the law enforcement use social media to detect and prosecute criminals? Is this use of social media to detect and prosecute criminals? Is this use of social media an unethical invasion of individual’s privacy? Discuss. (see Social media).


 

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