case law analysis- business entities

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PART ONE

Case Law Analysis – Business Entities

In this unit you, you will select a case law pertaining to the topic of business entities.

Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold:

  1. To give you the opportunity to read a real court decision.
  2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court’s decision and summarize it; you are not expected to act as a judge or an advocate.

Using your selected court decision, prepare an analysis that responds to the following:

  1. Articulates the importance, context, purpose, and relevance of law in a business environment:
    • Identify the parties who are before the court.
    • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs.
    • Identify what is the specific disagreement between the parties.
    • Explain the ruling of the court in no more than 1–2 paragraphs.
  2. Evaluate legal options to create a business entity.
    • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
    • Compare to other types of business entities-would the party have been in a better position if they formed as a different type of legal business entity?
    • Do you agree with the court’s decision? Why or why not?

You may choose any court case, either state or federal, as the basis for your case law analysis; however, the case should be applicable to the assignment topic. The recommended Web sites for researching and locating a case are listed in the Resources area.

Your analysis should be no more than two pages, double-spaced. References and citations are to adhere to APA formatting and style guidelines. Prior to submitting your assignment, be sure to review the scoring guide to ensure you have met all of the grading criteria.

PART TWO- DISCUSSIONS ( SELECT A TOTAL OF 2 QUESTIONS AND ANSWER THEM SEPERATELY)

Business Entities – Part 1

Using the information you have gained from this week’s readings and from your independent research, select one of the questions below to serve as your discussion post. All references and citations are to adhere to APA style and formatting guidelines.

Select one of the following questions:

  1. What are the advantages and disadvantages of forming a limited liability company?
  2. Should a member of a limited liability company be liable for obligations that arise after the member has left the company?
  3. How can a corporation be properly punished if it commits a tort or a crime?
  4. Are the steps required to incorporate too easy or too difficult?
  5. Should shareholders ever be held personally liable for the wrongdoing of the corporations in which they hold shares?
  6. Should members of the board of directors ever be held personally liable for the wrongdoing of the corporations in which serve?

Select one of the following questions:

  1. Is it ever a good idea to do business without creating some form of a limited liability business organization?
  2. What are the factors to consider when deciding whether to buy into a franchise such as McDonalds?
  3. What are the differences between a partnership and a limited liability business organization?

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