Explain how a legal case could impact a specific organization not a party to the case. Explain the impact of the courts decision on your selected organization. In light of the courts ruling, how might the executive team of the organization make future decisions or policy?
Assessment 2 instructions: case law analysis – tort law | BUS-FPX3021 | Capella University – Minneapolis, MN
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Write a 2-3 page paper on a business-related court case that is relevant to tort law.IntroductionWhen 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.OverviewTort 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.PreparationThe 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.
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.InstructionsOnce you have selected a decision and an organization impacted by the decision, assume youre 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 courts 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 courts 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 courts decision on your selected organization. In light of the courts ruling, how might the executive team of the organization make future decisions or policy?
Additional Requirements?Based on your executive audience, your executive briefing should be no more than three pages, in addition to a References page, and should be well organized and written in clear, succinct language. Follow APA rules for attributing content to sources that support your analysis and conclusions.Your submission should meet the following requirements:
Written communication: Write in complete sentences free from errors that detract from the overall message.
Font and font size: Arial, 12 point.
Format and length: Double-spaced, 2-3 pages.
Citations: Include complete citations of your sources along with a References page. Review Evidence and APA for more information on how to cite your sources.
Review the assessment scoring guide for details on how your assessment will be graded.Competencies MeasuredBy successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:
Competency 1: Articulate the importance, context, purpose, and relevance of law in a business environment.
Summarize the facts and ruling of a legal case and its impact on businesses.
Competency 2: Evaluate key judicial concepts that influence the decisions related to business.
Explain how the court decision impacts legal and ethical compliance in a business environment.
Explain how a legal case could impact a specific organization not a party to the case.
Competency 4: Develop information literacy skills as applied to business law.
Exhibit information literacy skills as applied to business law.
Competency 5: Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
The Risks of Miscategorization In discussing risk management and analytics, you should recognize that there is risk inherent simply in the conducting of analytics especially predictive analytics. What if our predictions are false? What if the data upon which the predictions are based is incomplete or inherently flawed in some way?
The Risks of Miscategorization
In discussing risk management and analytics, you should recognize that there is risk inherent simply in the conducting of analytics especially predictive analytics. What if our predictions are false? What if the data upon which the predictions are based is incomplete or inherently flawed in some way? The purpose of this weeks discussion is to analyze the risks associated with categorical predictive analytics.
Research an instance where categorical prediction has been used by a business or governmental organization. Simply typing categorical prediction into www.news.google.com will reveal a number of news articles relating to this topic.
Read a few articles and select one that is interesting to you. Summarize it for the class. Make sure you identify the risks that your article addresses into one of the four quadrants of a risk matrix: High Probability/High Impact; High Probability/Low Impact; Low Probability/High Impact; Low Probability/Low Impact. Justify your classification with information from your article. Then, discuss the potential problems that could (or did) arise if the predictive activities discussed in your chosen article yielded bad results. What could (or did) happen as a result of erroneous or unreliable categorization through predictive modeling?
As nurses we complete physical assessment on a routine basis, even though they are typically focused assessments. What type of technology have you seen utilized in your assessment process that assists in your effectiveness to communicate findings both orally and written format? If no technology, how do you ensure effective communication for assessment findings?
As nurses we complete physical assessment on a routine basis, even though they are typically focused assessments. What type of technology have you seen utilized in your assessment process that assists in your effectiveness to communicate findings both orally and written format? If no technology, how do you ensure effective communication for assessment findings?
Why are the western United States and Canada much more seismically active than the central and western regions? Does the smaller number of earthquakes in the central and eastern United States and Canada mean that we do not have to worry about a big one in those regions?
Within the discussion board area, write that respond to the following questions with your thoughts.Ensure that you respond to at least two of your peers with a response Be sure to support your responses with the citation of at least two scholarly sources.
Why are the western United States and Canada much more seismically active than the central and western regions? Does the smaller number of earthquakes in the central and eastern United States and Canada mean that we do not have to worry about a ‘big one’ in those regions?
On a local, state, and federal level, programs and services are available for those in later adulthood. What supports are available in your local community for individuals 65 years of age and above? Do you see any gaps in services? Given we are now living longer, do you believe the current array of resources is adequate to meet the growing need of those in this age group?
On a local, state, and federal level, programs and services are available for those in later adulthood. What supports are available in your local community for individuals 65 years of age and above? Do you see any gaps in services? Given we are now living longer, do you believe the current array of resources is adequate to meet the growing need of those in this age group?
Vaccines were first introduced in the 20th century, and since then, several controversies have emerged regarding the safety of immunizations, such as who, when, and why people should be vaccinated. One of such controversies is vaccinating children before they go to school. Do you think parents should have the choice regarding vaccinating their children before they go to school and are around other children? Should religious and personal beliefs be considered?
Vaccines were first introduced in the 20th century, and since then, several controversies have emerged regarding the safety of immunizations, such as who, when, and why people should be vaccinated. One of such controversies is vaccinating children before they go to school. Do you think parents should have the choice regarding vaccinating their children before they go to school and are around other children? Should religious and personal beliefs be considered? Provide a rationale for your response.
Simple Regression Analysis looks at the relationship between a single independent variable and a dependent variable. Multiple Regression Analysis looks at the relationship between more than one independent variable and a dependent variable. 1) What measures may be used to evaluate the quality of the relationship between independent variables and the dependent variable?
Simple Regression Analysis looks at the relationship between a single independent variable and a dependent variable. Multiple Regression Analysis looks at the relationship between more than one independent variable and a dependent variable.
1) What measures may be used to evaluate the quality of the relationship between independent variables and the dependent variable?
2) What measures may be used to evaluate the relationship between all of the independent variables and the dependent variable?
Social determinants of health could be interrelated and could be the reason for unhealthy or risky health behaviors and attributes that lead to negative outcomes. Describe a social determinant of health in your community that has produced health risks and outcomes.
Social determinants of health could be interrelated and could be the reason for unhealthy or risky health behaviors and attributes that lead to negative outcomes. Describe a social determinant of health in your community that has produced health risks and outcomes.Public health officials must constantly look for ways in which they can eliminate some of these problems in society.
For the Unit VII Case Study, you will take on the role of a public health leader in your community and develop a plan for other officials that addresses the following.
1) Describe a social determinant of health in your community that has produced health risks and outcomes.
2) Based on your research, what do you see as the biggest issue facing your community?
3) Describe how the community is presently tackling the problem through the local public health department.
4) Propose a resolution for the health risk and outcome caused by the social determinants.
5) Explain how these unhealthy behaviors and attributes could be reduced or eradicated in the society.
6) How would you reduce medical costs in your community?
7) Explain how the government can implement your plan into law for the common good.
Your case study must be a minimum of three pages in length, excluding the title and reference pages. To support your ideas, use a minimum of three outside sources. Additionally, use a source that focuses on your community, such as a newspaper or journal article. Remember that all written assignments must be formatted using APA style, including in-text citations and references.
Imagine that you are carrying out a public health surveillance of obesity in your community, and you find out that one race and age group seems to have a consistent burden of disease compared to the other groups. If you were a public health official, what would be a logical next step you would take to address this?
For this assignment:
Imagine that you are carrying out a public health surveillance of obesity in your community, and you find out that one race and age group seems to have a consistent burden of disease compared to the other groups. If you were a public health official, what would be a logical next step you would take to address this?
This assignment must be minimum of 2 pages not including title page and the reference page.
Demonstrate the skills necessary to advocate for a variety of individuals and groups in order to promote social change
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HUMN 6000: Foundations of Graduate Study in Human Services
Outcomes and Alignment Chart
University Outcomes
1. Facilitate positive social change where they work, in their communities, and in society.
2. Use their knowledge to positively impact their profession, communities, and society.
3. Demonstrate a commitment to lifelong learning.
4. Apply their learning to specific problems and challenges in their workplace and professional settings.
5. Demonstrate information literacy.w
6. Demonstrate an understanding of the methods of inquiry used in their professional or academic field.
7. Practice legal and ethical integrity in their professional work.
8. Effectively communicate their ideas and the rationale behind them to others.
9. Support diversity and multiculturalism within their profession, communities, and society.
*Information literacy is defined as the ability to know when there is a need for information, and being able to identify, locate, evaluate, and
effectively use that information for the issue or problem at hand.
Social Change Features
1. ScholarshipThe ability to employ trustworthy, effective research strategies that could be used to find answers to
significant questions along with the ability to locate and assess the research findings and claims of others
2. Systems ThinkingThe ability to analyze a set of inter-related causes and effects that can be applied to finding
solutions to complex social problems
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3. ReflectionThe ability to examine and assess ones owns skills, strengths, weaknesses, and contributions and to
similarly evaluate ones team and partners in ways that can contribute to improved efficacy
4. PracticeThe skills needed to plan, execute, manage, and evaluate a practical project to improve conditions or
seize an opportunity that would advance the common good
5. CollaborationThe ability to identify and connect with stakeholders, resources, experts, useful networks, and
potential partners combined with the personal skills needed to work with others on joint projects
6. AdvocacyThe ability to deploy strategies and actions appropriate to raising awareness in others around an issue
or opportunity that calls for a response from them
7. Civic & Political EngagementThe skill to work with policy-makers at various levels in government, professional
organizations, and institutions to bring about improvement in rules, laws, policies, or practices
8. EthicsThe development of and commitment to a personal set of values, principles, attitudes, and personal
responses in relating to ones own responsibilities to others and to the wider world
9. LeadershipThe skill to guide, empower, facilitate, and assess the work of others along with the ability to inspire
and motivate their efforts toward the common good
Program Outcomes
1. Demonstrate the skills necessary to advocate for a variety of individuals and groups in order to promote social
change
2. Evaluate human services related scenarios in order to determine appropriate needs and solutions
3. Communicate effectively with diverse groups of individuals
4. Demonstrate an understanding of the history of the human services profession in relation to its impact on the
practice of human services
5. Analyze the appropriateness of human services practice for diverse individuals and groups
6. Advocate for the needs of diverse populations in order to promote positive social change
7. Develop a professional identity as a human service professional practitioner
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Course Outcomes
1. Review requirements for successful participation in an online curriculum
2. Apply strategies, resources, and tools for success in graduate studies
3. Develop a foundation for academic and professional success as an advanced human services professional
practitioner
4. Apply scholarly writing and research skills on human services topics
Weekly Objectives Alignment Chart
Week 1: Your Home in the
Classroom, Your Home in
the Profession
Met In
(D#/A#
/Other)
Course
Outcome(s)
Program
Outcome(s)
Social
Change
Feature(s)
University
Outcome(s)
Explain professional goals
and aspirations as an
advanced human services
professional practitioner
D 3 7 3, 8 3, 7
Locate academic and
technical policy information
for success in the online
classroom
Q 1 1 1, 2, 3, 4, 5,
6, 7, 8, 9
1, 2, 4, 7, 8, 9
Identify solutions to common
problems in online learning
Q 1, 2 1 1, 2, 3, 4, 5,
6, 7, 8, 9
1, 2, 4, 7, 8, 9
Week 2: Graduate-Level
Skills of the Practitioner
Met In
(D#/A#
/Other)
Course
Outcome(s)
Program
Outcome(s)
Social
Change
Feature(s)
University
Outcome(s)
Analyze the effects of
professionalism in behavior
and communication
D 3 3 2, 3, 4, 5, 6,
7, 9
1, 8
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Compare behavior and
communication standards in
professional and academic
settings
D 3 3 2, 3, 4, 5, 6,
7, 9
1, 8
Paraphrase the main points
of an article
A 2, 4 1, 3 1, 2, 3, 4, 5,
6, 7, 8, 9
1, 2, 4, 7, 8, 9
Apply APA style and
scholarly writing principles
A 2, 4 1, 3 1, 2, 3, 4, 5,
6, 7, 8, 9
1, 2, 4, 7, 8, 9
Analyze the scholarly writing
process
A 3 3 2, 3, 4, 5, 6,
7, 9
1, 8
Week 3: Research
as a Tool for Expanding
Your Reach
Met In
(D#/A#
/Other)
Course
Outcome(s)
Program
Outcome(s)
Social
Change
Feature(s)
University
Outcome(s)
Rewrite academic writing to
add supporting evidence
D 4 1 1, 2, 3, 4, 5,
6, 7, 8, 9
1, 2, 4, 7, 8, 9
Explain the purpose of
research-based support in
graduate education
D 4 1 1, 2, 3, 4, 5,
6, 7, 8, 9
1, 2, 4, 7, 8, 9
Describe database search
processes for scholarly
articles
D 2, 4 1 1, 2, 3, 4, 5,
6, 7, 8, 9
1, 2, 4, 7, 8, 9
Analyze professional
experiences in the context of
research
D 3 7 3, 8 3, 7
Summarize results of a
graduate skills assessment
A 3 7 3, 8 3, 7
Develop a plan for
addressing gaps in graduate
skills
A 3 7 3, 8 3, 7
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Week 4: Scholarly Writing I:
APA Paraphrasing
Met In
(D#/A#
/Other)
Course
Outcome(s)
Program
Outcome(s)
Social
Change
Feature(s)
University
Outcome(s)
Prepare questions about
scholarly writing and the
graduate experience
D 2 3 2, 3, 4, 5, 6, 7,
9
1, 8
Answer colleagues questions
based on research,
experiences, and knowledge
D 2 3 2, 3, 4, 5, 6,
7, 9
1, 8
Critically respond to a scholarly
article
A 4 3 2, 3, 4, 5, 6,
7, 9
1, 8
Analyze professional
experiences in the context of
research
A 3 7 3, 8 3, 7
Week 5: Scholarly Writing
II: Your Voice
Met In
(D#/A#
/Other)
Course
Outcome(s)
Program
Outcome(s)
Social
Change
Feature(s)
University
Outcome(s)
Critique colleagues on
scholarly writing using
constructive feedback
D 3 3 2, 3, 4, 5, 6,
7, 9
1, 8
Identify resources and
strategies to support scholarly
writing development
D 2 1, 3 1, 2, 3, 4, 5,
6, 7, 8, 9
1, 2, 4, 7, 8, 9
Analyze a human services
related problem through
scholarly research
A 3 2 1, 2, 4, 6, 8 2, 4, 5, 6, 7, 9
Write a scholarly paper A 4 3 2, 3, 4, 5, 6,
7, 9
1, 8
Week 6: Looking Back,
Looking Forward
Met In
(D#/A#
/Other)
Course
Outcome(s)
Program
Outcome(s)
Social
Change
Feature(s)
University
Outcome(s)
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Examine progress as an
advanced human services
professional practitioner and
graduate student
D 3 7 3, 8 3, 7
Analyze a scholarly identity D 3 7 3, 8 3, 7
Describe plans for continued
academic development
D 2, 3 7 3, 8 3, 7
Apply feedback and self-
editing skills to revise a
scholarly paper
A 4 1, 3 1, 2, 3, 4, 5,
6, 7, 8, 9
1, 2, 4, 7, 8, 9
Legend
D = Discussion
Q = Quiz
A = Assignment
