Write a 3-page executive briefing of the four types of business entities as related to U.S. tort laws.Introduction When one party damages another party, in a non-criminal context, the aggrieved party is entitled to restitution. This is one of the most important concepts of tort law. In other words, making a party legally responsible for damages is the main purpose of tort law. A judge or jury will attempt to determine exactly what needs to be done when an aggrieved party can demonstrate damages, and what those damages should be in order to return the aggrieved party to the state that they were in prior to the alleged action. Of course, no one can go back in time and change what happened; therefore, damages are always paid in the form of money.One reason why torts are important in a business context is that virtually all commercial enterprises deal with the public by providing products, services, or other commercially relevant activity. Unfortunately, consumers often suffer harm due to unintentional (or, rarely, intentional) damages caused by faulty products or negligent services.Criminal penalties cannot be attached to business entities. If a crime is committed, the government charges speci?c individuals within the corporation who may be responsible, not the business entity. Yet, society recognizes that businesses, out of negligence, ignorance, or malfeasance, may cause injury to another party. Tort law imposes standards by which such injured parties can seek recompense from the corporation in civil court. Whereas an entire corporate entity cannot be tried in a criminal court, it can be a defendant in a civil court. Keep in mind that there is a significant difference between tort law and criminal law. Criminal penalties could be applied to individuals if there is evidence of an illegal motive or criminal negligence. Torts, on the other hand, typically involve negligence, which is a breach of a duty of care.Overview Tort law is based on the notion that if one party harms another intentionally or by being careless or reckless (“negligent”), then the aggrieved party may be entitled to restitution and be made “whole.” In some cases, there is strict liability, as in cases of defective products. If a product is found to be inherently unsafe or defective, strict liability is imposed; “strict” means that neither intent nor negligence needs to be proven.Sometimes, a tort may also be a crime, as in the case of assault. Such a case can be brought both civilly and criminally. Here, we are only concerned with civil court cases. The court (using a judge or jury as fact-finder) will attempt to determine what damages are appropriate where a tort has been committed. A court will attempt to determine exactly what needs to be done when an aggrieved party can demonstrate damages, and what those damages should be, in order to return a party to its state prior to the alleged action. This remedy is almost always money because, in reality, no one can go back and undo the wrongful action.Preparation The first step in preparing your case law analysis is to locate a published court decision and select an organization you believe would be impacted by the decision. Choose a decision about tort law. To help you get started, use the Capella University Library Legal Research Library Guide and these well-known searchable databases of court cases. Try to imagine yourself as either the plaintiff or the defendant in the cases you review to make these cases meaningful to your life. Findlaw. (n.d.). United States Supreme Court cases. https://caselaw.findlaw.com/court/us-supreme-court Legal Information Institute. (n.d.). Supreme Court: Most recent decisions. http://www.law.cornell.edu/supct/ Nolo. (n.d.). Legal topics. http://www.nolo.com/legal-encyclopedia Oyez, Inc. (n.d.). https://www.oyez.org/ Select ?an organization not a party to the case that you believe would be impacted by that court decision. It can be an organization you work for or have worked for, an organization you would like to work for, or some other organization. Use the following media simulations to help you with this assessment: Analyzing a Case. This multimedia? walks you through a written court decision and explains each part’s purpose. Business Law Foundational Concepts This multimedia will help you to understand your reading materials and articles you find. Click Transcript (after you open the multimedia, Transcript is found at the lower right corner of the screen). In addition to your textbook, use the transcript as another resource to quickly look up some of the more common terms. This terminology will be useful in personal, scholarly, and professional settings. Four Ethical Theories. This multimedia? sets forth several approaches to ethical thinking that can be applied to business. The Case Analysis Report: Executive Briefing Exemplar [DOCX] shows a sample case law analysis. You may wish to refer to it as you work on your assessment.Instructions Once you have selected a decision and an organization impacted by the decision, assume you’re a senior manager in the organization you selected and that you were asked to prepare an analysis of the court decision and brief the executive team of the organization about the impact the case might have on the company. Your briefing should include a summary of the case, as well as an evaluation of how the court’s decision impacts the organization from a business, legal, and ethical perspective. Be sure to list your case citation in the References page at the end of your briefing.Step 1: Exhibit information literacy skills as applied to business law. Identify the court, the parties who are before the court, and the date of the decision. Ensure that your briefing provides an accurate context in terms of who brought the lawsuit and the outcome of the case. Report research from a recognized authority that adds insight into the meaning, history, or impact of the case with relevant legal research from credible databases or online sources. Step 2: Summarize the facts and ruling of a legal case and its impact on businesses. Provide a brief background and context associated with the case. Summarize the facts in no more than 1–2 paragraphs. Identify the specific disagreement between the parties. Was there a dissenting opinion? If so, explain it. Summarize the court’s ruling, including its rationale. Analyze the impact of the case on businesses, including both negative and positive impacts. Step 3: Explain how the court decision impacts legal and ethical compliance in a business environment. Identify the ethical and legal implications for a business that were suggested by the court’s decision. Discuss whether or not the conduct of a party in the case was ethical or unethical. Propose and explain an ethical theory that describes why a party’s conduct was ethical or unethical. Step 4: Explain how a legal case could impact a specific organization not a party to the case. Explain the impact of the court’s decision on your selected organization. In light of the court’s ruling, how might the executive team of the organization make future decisions or policy? List of Tort Cases Palsgraf v. Long Island R.R. Co. https://casetext.com/case/palsgraf-v-long-island-r… Liebeck v. McDonalds https://www.caoc.org/?pg=facts United States v. Carroll Towing, Inc. https://scholar.google.com/scholar_case?case=71298… Garratt v. Dailey https://scholar.google.com/scholar_case?case=56584… Summers v. Tice http://scocal.stanford.edu/opinion/summers-v-tice-…
Mastering the Art of Online Learning: Your Guide to Acing Online Courses
Introduction
In recent years, the popularity of online courses has skyrocketed, offering learners the flexibility to acquire new skills and knowledge from the comfort of their homes. However, succeeding in online courses requires a different approach compared to traditional classroom settings. To help you make the most of your online learning experience, this article presents essential strategies and tips to ace your online courses.
1. Set Clear Goals and Plan Ahead
Before embarking on an online course, establish clear goals and objectives. Determine what you hope to achieve by the end of the course and break down your goals into manageable milestones. Create a study schedule that aligns with your other commitments, ensuring you allocate dedicated time for coursework, assignments, and revision.
2. Create a Productive Study Environment
Establishing a conducive study environment is crucial for online learning success. Find a quiet, well-lit space where you can concentrate without distractions. Remove any potential interruptions, such as notifications from social media or email. Organize your study materials and have a reliable internet connection to ensure seamless access to course materials.
3. Actively Engage in the Course
Active participation is key to mastering online courses. Engage with course materials, including videos, readings, and interactive components. Take comprehensive notes, highlighting key concepts and ideas. Participate in discussion boards, forums, and virtual meetings to interact with instructors and peers, fostering a sense of community and enhancing your understanding of the subject matter.
4. Manage Your Time Effectively
Online courses offer flexibility, but it’s essential to manage your time wisely to avoid falling behind. Create a detailed schedule, allocating specific time slots for coursework, assignments, and studying. Break down larger tasks into smaller, manageable segments to prevent procrastination. Prioritize tasks based on deadlines and dedicate focused time to each one, ensuring consistent progress throughout the course.
5. Develop Effective Communication Skills
Online courses often rely on written communication, making it crucial to hone your skills in this area. Be concise and clear in your written responses, paying attention to grammar and spelling. Actively participate in discussions, asking thoughtful questions and providing constructive feedback to your peers. Regularly check your course emails and notifications, ensuring you stay updated with any important announcements or changes.
6. Utilize Available Resources
Take full advantage of the resources provided by your online course platform and instructors. Familiarize yourself with the learning management system (LMS) and explore its features. Access supplementary materials, such as textbooks, lecture slides, and external resources recommended by instructors. Utilize online libraries, research databases, and tutorial services to deepen your understanding of the subject matter.
7. Stay Motivated and Engaged
Maintaining motivation throughout an online course can be challenging, particularly when faced with competing priorities or a lack of face-to-face interaction. Set short-term goals and reward yourself upon their completion. Connect with fellow learners through virtual study groups or online forums to foster a sense of camaraderie. Regularly remind yourself of the benefits and personal growth associated with completing the course successfully.
8. Seek Support and Clarification
Don’t hesitate to seek support or clarification when needed. Reach out to your instructors for guidance or clarification on course material. Utilize online discussion forums to ask questions or engage in collaborative problem-solving. Leverage the support services provided by your course platform or institution, such as technical support or academic advising.
Conclusion
Online courses present unique opportunities for self-paced learning and personal growth. By setting clear goals, creating a productive study environment, actively engaging with course materials, and managing your time effectively, you can maximize your chances of acing online courses. Remember to stay motivated, seek support when needed, and make the most of the available resources. Embrace the flexibility and adaptability of online learning to achieve your educational goals.
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