Case Study – Contracts

Choose 3 from below:

  

CASE A:  Lucinda has applied with Orange, Inc. a computer and technology company.  Orange, Inc. is located in Morristown, New Jersey and has a strong presence on the east coast.  Lucinda would work in the research and development department, designing new products for release.  The information to which she would be privy is very sensitive, and there is a general concern that employees will jump to a competitor and bring the trades secrets with them.

  Human resources wants to include a non-compete provision in the contract.  In discussions with you, they mention they are going to prevent her from ever joining a competing firm anywhere on the east coast.  This, of course, raises your concern.

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For Case Study A, prepare a draft non-compete provision for an employment contract that achieves Orange’s intent to the greatest extent possible and will likely be upheld in court.  The provision would be included in Lucinda’s employment contract and would outline the reasonable restrictions placed upon subsequent employment options elsewhere.  It should be no more than one (1) page in length.

   

CASE B:  Buyer said to Seller, “I’ll give you $100 for that bracelet.”  Seller replied, “Would you give me $135?”  Buyer said “No thanks.”  Seller then said that she accepted the $100.  Buyer was no longer interested and said that there was no contract.  Seller says that a contract exists because she unequivocally responded to the offer.  Buyer disagrees.  Which side do you take?  

For Case Study B, draft EITHER: (i) a brief business letter to Seller, no more than two (2) pages, explaining why you, as Buyer, do not have a legal obligation to purchase the bracelet, or (ii) a brief business letter as Seller to Buyer, no more than two (2) pages, explaining why the Buyer does have a legal obligation to purchase the bracelet for $100.    The letter should set forth the basic elements of a contract, and explain why, based upon the facts given, they were or were not met in this case – in other words, no matter which letter you write, you should acknowledge the opposing party’s argument and explain them away.  Assume that you might do business with the other party in the future and want to maintain cordial relations. 

   

CASE C:  Fanny Farmer enters a written contract with Billy Buyer.  The agreement states: “Fanny Farmer shall provide to Billy Buyer 100 healthy beef cattle at $1,000 per head, to be delivered by January 1, 2008.”  On November 30, 2007, a tornado, unheard of in this part of the country, rips through Fanny Farmer’s land and destroys her barn and, unfortunately all of her cattle, including the 100 cattle she intended to deliver to Billy Buyer.

For Case Study C, briefly set forth the legal arguments that can be made both on behalf of Fanny and on behalf of Billy.  Your analysis should include a statement of the legal principle that governs the situation and an application of the facts to those principles.  You should describe the best argument that each side can make.  You also should decide which side should prevail and explain why your decision is fair.  Your analysis should not exceed two (2) pages.

CASE D:  Seller owns land that is suitable for agriculture.  Buyer age 25 is in the market for farmland to raise a corn and cattle operation.  Seller sends a letter to buyer which says: “I will sell you the parcel of land known as White Acre for $500,000.”   Buyer responds, in writing, “I accept that offer and will pay the amount specified for that parcel.”  The closing takes place and the deed is conveyed.  Shortly thereafter, buyer learns for the very first time that the land is worth 10 times the sales price – unbeknownst to either party, there were valuable mineral deposits below the surface.  Seller wants to undo the sale.

For Case Study D, you will prepare two brief business letters.  First, stand in the shoes of Seller and write a business letter (not in excess of one page) to Buyer indicating your legal argument for undoing the sale.  Your letter should explain the legal principles applicable to the case and an application of the facts to those principles.  Next, stand in the shoes of the Buyer and draft a response letter (not in excess of one page) indicating why a valid contract does exist.   Again, cite the governing law and set forth a factual application that demonstrates Buyer’s best argument.  Do not add any facts to those given in the case study. 

CASE E:  Tweedy is an aspiring restaurateur.  He wants to start his own French restaurant, but he lacks the needed start up money.  Tweedy’s wealthy Uncle Tupelo wants to help Tweedy out, and he makes the following promise.  “I think you’ve got what it takes.  I am going to give you $10,000 to get this project off the ground.”  Tweedy is ecstatic.  He quits his job, buys $8,000 worth of kitchen equipment, $4,000 worth of furniture, and enters a lease for space.  However, shortly thereafter, Uncle Tupelo later becomes mired in a messy divorce and he refuses to pay Tweedy.    

For Case Study E, you will play the role of judge and determine if you would require Uncle Tupelo to make payment.  Prepare a written opinion paper, not in excess of two (2) pages, that sets forth your decision.  In your opinion paper, you should analyze the situation under basic contract principles and fully explain the legal reasoning supporting your conclusion.  Be sure to include the law that governs the situation and the best factual arguments that both Tweedy and Uncle Tupelo can make to support their respective positions.   Also, explain what practical business lessons, if any, can be drawn from this case study.   Do not add any facts to those given in the case study.

Assignment must be delivered no later than 1.12.18 at 6 p.m. EST.

An outstanding job will lead to paying for future assignments.

HH

BU3010 –Business Law

Course Syllabus

School of Professional Studies

BUS3010 – BUSINESS LAW

(Prepared 12/29/17 for SP18A)

Contents

3
Overview

3Course ID

3Course Name

3Department

3Credits

3Prerequisites

3Instructor

3Telephone

3E-mail

3Office

3Office Hours

3Class Meetings

3Classroom

3Learning Management System

3Course Description

4
College Information

4Centenary Greater Expectation Learning Outcomes (CGEs)

4Business Department Learning Outcomes

4Classroom Conduct

4Academic Code

4Academic Honesty

6“Publication” of Written Work and Assignments

6Academic Assistance

6Accommodations

6Technical Support

6
Course Information

6Course Material

Error! Bookmark not defined.Reference Publications

Error! Bookmark not defined.Reference Websites

6Instructional Techniques

6Course Objectives

7Student Evaluation

8Attendance

9Assignments

9Late Assignments

10
Course Schedule

10Session 1

10Session 2

10Session 3

11Session 4

11Session 5

11Session 6

12Session 7

12Session 8

13
Activities and Rubrics

13Threaded Discussion Requirements

13Threaded Discussion Rubric

Error! Bookmark not defined.Activity 1

Error! Bookmark not defined.Activity 1 Rubric

26Activities Calendar

Overview

Course ID:

BUS3010

Course Name:

BUSINESS LAW

Department:

SCHOOL OF PROFESSIONAL STUDIES

Credits:

4

Prerequisites:

BUS1001
Students should be competent in Microsoft Word, Excel, and PowerPoint.

Instructor:

Leonard P. Pasculli, JD, MBA

Telephone:

973-579-6143(H)

E-mail:

Leonard.Pasculli01@CentenaryUniversity.edu

Instructor will do his best to respond to telephone and e-mail messages within 24-hours.

Office:

N/A

Office Hours:

Instructor is available to meet with students before or after On Ground classes by appointment.

Class Meetings:

On-Ground (i.e., in person) each Monday, January 8 through February 26, 2018, 6:00 p.m. to 9:30 p.m. This includes Martin Luther King Jr. Day (1/15) AND President’s Day (2/19). We will meet in person on both of those days.
However, in the event of inclement weather, check Moodle and/or email.

Classroom:

7 Campus Drive, Parsippany — Room number: ____

Learning Management System:

Access the Moodle student tutorial at: http://www.centenarycollege.edu/cms/en/moodle-help-center/moodle-help-center/students/ for instructions on how to log in, navigate, and submit assignments.
Moodle accessibility versions are available for download; please contact the IT Help Desk at ext. 2362 or helpdesk@centenarycollege.edu for assistance.

Course Description:

This Business course will examine areas of law affecting business including the legal process and forms of businesses; contract law; the law of sales; personal, real, and intellectual property law, and product liability and consumer protection. These and business ethics will comprise the principal focus of the course. International treaties and laws affecting those areas of law will also be explored throughout the course.

College Information

Centenary Greater Expectation Learning Outcomes (CGEs):

In March 2004, the Centenary faculty adopted the Centenary Greater Expectation Learning Outcomes. It is very important for assessment purposes that all stakeholders understand the value added that is part of a Centenary education. By the time students graduate from Centenary University, in addition to more discipline-specific outcomes, students will be able to:
CGE 1. Communicate in diverse settings and groups, using written, oral, and visual means.
CGE 2. Understand and employ both quantitative and qualitative analysis to describe and solve problems.
CGE 3. Interpret, evaluate, and use information discerningly from a variety of sources.
CGE 4. Integrate knowledge of various types and understand complex systems.
CGE 5. Work well in teams, including those of diverse composition, and build consensus.
CGE 6. Understand and employ the integrity, social responsibility, and ethical behavior required for a diverse democratic society.

Business Department Learning Outcomes:

Learners graduating from Centenary University’s business programs are expected to perform the following activities as a business practitioner:
BDLO 1. Communicate clearly, orally and in writing, to both business and non-business professionals. (Mapped to CGE 1)
BDLO 2. Research, evaluate, and apply relevant qualitative and quantitative information from all types of business and other data. (Mapped to CGE 2, 3, 4)
BDLO 3. Collaborate effectively and collegially, as a team member. (Mapped to CGE 5)
BDLO 4. Employ integrity, ethics, and social responsibility. (Mapped to CGE 6)
BDLO 5. Demonstrate essential skills across business disciplines.

Classroom Conduct:

Students are expected to be respectful and courteous to their fellow classmates and their instructor in all correspondence, whether in class, through e-mail, postings, or synchronous chats. Improper conduct includes using abusive language, using informal “IM” language, criticizing other students, and other counterproductive negative behavior. The instructor has the right to remove a disruptive student from the classroom. Students have the right – and are encouraged – to speak to the instructor (in private) about a disruptive student.

Academic Code:

Students should be aware that all violations of the Academic Code, which are found in the College Catalog and the Student Handbook, will be reported by the faculty member to the Academic Review Board for their consideration.

Academic Honesty:

All students are expected to adhere to Centenary University’s policy concerning academic honesty. Any student found cheating, plagiarizing, submitting non-original work, etc., will receive a grade of zero (0) for that work. Flagrant cases of academic dishonesty may result in the student being dismissed from the class and referred to the Academic Review Board for further action or sanction as deemed appropriate, up to and including dismissal from Centenary University.

Note: Any violation of Centenary University’s Academic Honesty Policy will result in a failing grade for the course.

All relevant student work will be screened for plagiarism. The electronic submission is checked against a database of other manuscripts collected from different universities, Centenary University classes, published works, and the Internet. If a professor determines from this resource that any portion of paper is plagiarized, Centenary University’s Academic Honesty Policy applies, and the student receives a zero on that submission. Below are some resources to help explain how to cite documents properly and to describe plagiarism further. It is the student’s responsibility to ensure that he or she fully understands plagiarism, as lack of understanding does not excuse the offense.

http://www.lib.usm.edu/research/plag/plagiarismtutorial.php

http://www.indiana.edu/~wts/pamphlets.shtml

http://www.lib.ncsu.edu/dspc/tutorial/plagiarism/

http://www.mc.cc.md.us/library/plagiarismintro.htm
A student must always submit work that represents his or her original words or ideas. If any words or ideas used do not represent the student’s original words or ideas, the student must cite all relevant sources. The student should also make clear the extent to which such sources were used. Words or ideas that require citations include, but are not limited to, all hardcopy or electronic publications, whether copyrighted or not, and all verbal or visual communication when the content of such communication clearly originates from an identifiable source. Academic dishonesty could also involve:
· Having a tutor or friend complete a portion of your assignments;
· Having a reviewer make extensive revisions to an assignment;
· Copying work submitted by another student; or
· Using information from online information services without proper citation.

Submitting the same paper or portions thereof (presumably your work) for different assignments is considered plagiarism and will carry the same consequences, even if the assignments were completed at different institutions. This means that you cannot submit a paper, or any part thereof, from a previous class. Although this does not involve the intellectual theft that characterizes complete or reckless plagiarism, it is an academic impropriety. If you want to use a previously completed paper as a starting point for a new project, or if you want to use paper with similar premises for two classes, you
must
obtain the permission of all instructors involved and reference the works appropriately.

“Publication” of Written Work and Assignments:

By continuation in this course and by submitting written assignments and work, students understand that they are granting the instructor permission under the Federal Education Records Act and a limited license to publish that work for the purposes of grading the work. That limited license extends to submission, within the instructor’s sole discretion, to various electronic grading tools (e.g., grading books, cite checkers, etc.) and to other faculty members.

Academic Assistance:

The Quill and Query (“The Q”) offers academic assistance through professional tutoring. Contact asc@centenaryuniversity.edu or call (973) 257-5190.

Accommodations:

Students with documented disabilities are entitled under the law to reasonable accommodations. Support services available are listed at http://www.centenarycollege.edu/cms/?id=1511. If you have a disability and need accommodations, please notify the instructor as early as possible during the semester. In addition, contact the Office of Disability Services at dso@centenarycollege.edu or 908-852-1400 ext. 2251.

Technical Support:

If you need technical assistance, please contact the Centenary University Help Desk on 908-852-1400 ext. 2000 or helpdesk@centenarycollege.edu.

Course Information

Course Material:

1. Cheeseman, H. R. (2016). Legal environment of business: Online commerce, business ethics, and global issues (8th ed.). Boston, MA: Pearson.
ISBN-13: 978-0133973310
2. American Psychological Association. (2009). Publication manual of the American Psychological Association (6th ed.). Washington, DC: Author. ISBN 978-1-4338-0561-5

Instructional Techniques:

This course will be conducted using a variety of teaching methods including lectures, class discussions, case studies, sharing of individual research and projects, and other related instructional methods and techniques.

Course Objectives:

Upon completion of this course, students should be able to:
CO 1. Communicate in diverse settings and groups, using written and visual means.
CO 2. Work well in teams, including those of diverse composition, and building consensus.
CO 3. Understand and employ qualitative analysis to describe and solve complex law-related problems in the field of business.
CO 4. Find, interpret, evaluate, and use information discerningly from a variety of contemporary sources.
CO 5. Understand and employ the integrity, social responsibility and ethical behavior required for a diverse democratic society by understanding the role of ethics in law and business.
CO 6. Recognize and identify legal issues that affect business relationships, organizations, and transactions.
CO 7. Read, understand, and summarize legal cases.

Student Evaluation:

Students will be evaluated based on participation in class discussions, demonstration of critical thinking skills, and the quality of their work in terms of planning, organization, critical review of related literature, actual execution and presentation, and overall effort. Quizzes may be used to test understanding of basic concepts.
Grades will be assigned in the following manner:

ITEM

% OF GRADE

CGEs

Class Participation
Reflection/Activities Papers (Contracts: 1; Torts: 2)
Case Studies (Contracts: 3; Ethics: 1)
Team Project: Torts Presentation
Team Project: Contract Drafting Project
Legal Process – Drafting Documents
Legal Formation – Memo
Other: Consumer Protection Exercise (Session 5)

20%
15%
20%
15%
15%
5%
5%
5%

1- 6
1- 4, 6
1-4, 6
1- 6
1- 6
1-4, 6
1-4, 6
1-4, 6

Course grades are based upon a student’s work throughout the entire semester. Following is an explanation of how points equate to grades, based on a 100-point scale. Fractions of .5 and above will be rounded up. No extra credit is available, and assignments may not be resubmitted, so be sure to put forth your best effort on every assignment. Incompletes are not granted in this class.
Instructor will do his best to submit Grades for assignments within one week after submission due date.

Grade

Quantitative

Qualitative

Definition

A
A-

93 to 100
90 to 92

Excellent

Superior quality in the mastery of content and method of the course, demonstrated ability to perceive relationships, initiative in doing work in which quality consistently surpasses that required.

B+
B
B-

88 to 89
83 to 87
80 to 82

Good

Good understanding of the content and method of the course, demonstrated ability to recognize relationships, better than average achievement of course objectives and fulfillment of course requirements.

C+
C
C-

78 to 79
73 to 77
70 to 72

Below Average

Sufficient understanding of the content and method of the course, demonstrated ability to recognize obvious relationships, adequate achievement of course objectives and fulfillment of course requirements.

D+
D
D-

68 to 69
63 to 67
60 to 62

Below Average

Incomplete understanding of the content and method of the course, inability to demonstrate satisfactory recognition of obvious relationships, unsatisfactory achievement of course objectives and requirements.

F

59 and below

Failure

Lack of understanding of the content and method of the course, failure to achieve objectives and/or complete requirements of the course. Student is dropped from the program.

Grades are based strictly on individual performance, not on any environmental factors (e.g., tuition reimbursement policies at your corporation or requirements for graduation). All grade questions and requests must be made in writing. In order to retain professionalism among the student(s) and not create a counterproductive classroom atmosphere, grade questions should remain between the instructor and the student.

Attendance:

Academic performance is contingent upon students’ attendance at all classes. In the event that an absence is unavoidable, the student must discuss the absence with the faculty member before the absence, if possible. Students who miss a class are fully responsible for the class content and information presented that day. Students are expected to arrive on time, stay until dismissed, and be present at all class meetings. Absences in excess of one class without a documented reason will result in withdrawal from the course. Unexcused absences and tardiness/leaving early (more than five minutes) will affect your final grade. Two late arrivals/early departures equal one absence.
FOR ONLINE WEEK(S) (e.g., in the event of inclement weather)—

· Primary posts are due by 9:00 p.m. on the Monday scheduled for that class. Secondary posts thereafter. Primary posts after the due date are considered late and will lose grade points AND will be reflected as “late” for attendance. Failure to post Primary posts or Secondary posts at all is considered unsubmitted for assignment purposes AND will be reflected as “unexcused absence” for attendance.

Participation:

FOR ON GROUND COURSES–
Students are expected to participate regularly and actively in classroom discussions; without substantial participation, you cannot get an A in this class. Read the material and respond to comments and questions in class. You are also encouraged to share your experiences in class discussions and assignments. However, please maintain confidentiality and acknowledge personal privacy in communication of personal or professional information about one’s employer, other students, and their employers.

Assignments:

· All written assignments must be typed, with proper citations included as necessary, and submitted in class in hard copy or, if specified by the instructor, as an email attachment to the professor. All assignments must be submitted as a Word ( or x) document. It is the student’s responsibility to ensure that the assignment has been submitted electronically successfully. A grade of incomplete will apply until it has been successfully submitted electronically.
· Assignments are due by 6:00 p.m. on the Monday scheduled for that class. Assignments received after the due date are considered late and will lose grade points.
· All assignments and class presentations are graded on content and presentation, which includes readability, style, and mechanics (grammar, punctuation, and APA format). Professionally presenting organized thoughts is a critical requirement in business.

· Please comply with APA format as described in the APA Manual (6th edition) when completing your assignments. Written assignments must also give text citations for all statements requiring support and cite current (within last three to five years), reliable (from peer-reviewed journals) sources.

Late Assignments:

In the event that a late submittal is unavoidable, the student must discuss the matter with the professor before the due date. For unexcused late submittal, up to twenty percent (two full grades) will be deducted per day late (i.e., 24 hours), up to a maximum of two days (48 hours). After two days, late assignments are not accepted.
No assignments will be accepted after the last day of class.

NOTE:
EXCEPTIONS TO THIS POLICY ARE WITHIN THE PROFESSOR’S DISCRETION.

Course Schedule

Students are encouraged to check the Moodle discussion board regularly for changes to this syllabus.

Session 1: January 8, 2018
Topic: Legal Heritage and Formation of Contracts

Objectives:

1. Demonstrate an understanding of the sources of law that impact commerce in the United States
2. Use an understanding of basic contract principles to assess factual scenarios, consider arguments on all sides, and identify if the elements for a valid contract have been met.
Resources:
1. Read Chs. 1, 9, and 26
Activities Due: Read and be prepared to discuss (No written deliverables required):
1. Review pp. 6-8 of the Cheeseman textbook. Do internet research and read: Lon Fuller’s “The Case of the Speluncean Explorers” (Harvard Law Review, 1949).
2. Which U.S. agencies regulate your company (see pp. 13-15 of the Cheeseman textbook) and which non-U.S. laws and organizations (see pp. 555-567 of the textbook) regulate your company’s international practices?

Session 2: January 15, 2018
Topic: Performance of Contracts: Sales, Leases, and Warranties

Objectives:
1. Draft standard business contracts and analyze/revise contracts that are used in everyday business.
Resources:
1. Read Chs. 10, 11, and 12
Activities Due:
1. CASE STUDIES #1, 2, and 3: Select and answer 3 out of the 5 Short Case Studies presented on pp. 14-15 in the syllabus below. Be sure to refer to the Case Studies Rubric.
2. REFLECTION PAPER #1 (Contracts): Write your reflection on Contracts presented on p. 14 in the syllabus below. Be sure to refer to the Reflective Paper Rubric.

Session 3: January 22, 2018
Topic: Torts and Agency Law

Objectives:
1. Discuss tort law and its effect on business operations from the perspective of an employee, employer and manager.
2. Use an understanding of tort law to make informed business decisions.
Resources:
1. Read Chs. 6 and 18
Activities Due:
1. CONTRACT DRAFTING PROJECT – A team presentation
2. TORTS PROJECT – A team presentation
Be sure to refer to Multimedia Project and Oral Presentation Rubrics.
3. Product Liability Activity – In Class. Read and be prepared to discuss the Product Liability Activity on pp. 17-19 in the syllabus below. Two fact patterns: one on liability and one on damages.

Session 4: January 29, 2018
Topic: Consumer Protection and Product Safety

Objectives:
1. Explain how product liability laws can impact business decisions regarding the design and manufacture of products.
2. Make litigation and settlement decisions by evaluating and estimating potential legal liability and financial exposure in the context of a personal injury/product liability lawsuit.
Resources:
1. Read Ch. 23.
Activities Due:
1. REFLECTION PAPER #2 AND 3 (Torts): Select and answer the TWO reflections on Product Liability presented on pp. 17-19 in the syllabus below. Be sure to refer to the Reflective Paper Rubric.

Session 5: February 5, 2018
Topic: The Legal Process

Objectives:
1. Make informed business decisions based upon an understanding of the legal process, how a case moves from commencement to conclusion, and the potential costs involved.
2. Draft basic litigation documents, such as a complaint, interrogatories, and document requests.
Resources:
1. Read Chs. 3 and 4 especially pp. 68-69 and independent internet research on the “Discovery” process. (Also review Ch. 1).

Activities Due:
1. LEGAL PROCESS – DRAFTING DOCUMENTS: Prepare the documents described in questions Part A, and Part C: 1, 2, and 3 at the end of The Legal Process – Drafting Legal Documents assignment on p. 19-20 in the syllabus below.
2. CONSUMER PROTECTION/ETHICS CASE 23.3 on p. 514: Federal Trade Commission v. Colgate-Palmolive Company case. Answer the three questions in the textbook for this case note, not in excess of one page.

Session 6: February 12, 2018 Topic: Ethics and the Law

Objectives:
1. Construct a personal ethical framework and then, applying that framework to case studies, analyze legal and business decisions.
Resources:
1. Read Chs. 2 and 7.
Activities Due:
1. CASE STUDY #4 — ETHICS CASE STUDY: Do the Ethics Case Study assignment on p. 20 in the syllabus below. Be sure to refer to the Ethics Case Study Rubric.

Session 7: February 19, 2018
Topic: Formation of Business – Legal Structures

Objectives:
1. Develop an understanding of the different types of legal business formations and demonstrate an ability to properly choose the right one for given business situations.
Resources:
1. Read Chs. 14, 15, and 16.

Activities Due:
1. LEGAL FORMATION – MEMO: Select and answer 1 out of the 3 Case Studies Memos presented on pp. 20-21 in the syllabus below. Critical Thinking: Be sure to explore all alternatives before presenting your final recommendation.

Session 8: February 26, 2018
Topic: Intellectual Property

Objectives:
1. Be able to protect the intellectual work product of a business by simulating the employment of patent, copyright, and trademark safeguards while, at the same time, respecting the legal protections afforded to the intellectual work product of others.
Resources:
1. Read Ch. 8
Activities Due (No written deliverables required this week):
1. “Law in the News”: Find a current news or magazine article that deals with patent, trademark, or copyright infringement, and discuss it in class.
2. Review the case study presented on Moodle and be prepared to discuss in class.

Activities and Rubrics

Threaded Discussion Requirements [For OnLine Courses]
Primary responses (initial responses to threaded discussion postings must be at least 250 words and supported by references, preferably outside the assigned readings.
Secondary responses (those in response to other students’ and the instructor’s postings) should be at least several sentences in length (a minimum of 100 words, excluding quotes, signature blocks, etc.) and substantial, meaning that your message has value and helps to further the discussion of course content. Substantial messages include contributions of additional ideas and sources, insights or questions about classmates’ comments, connections to the course readings, ways of applying the lessons from the course, etc. Short comments, such as “Good idea” or “I agree,” are not substantial on their own; neither are comments unrelated to the week’s topics. All of your points should be explained fully.
Primary and secondary responses must include citations and references in APA format, as appropriate.
Tips for Creating Substantial Participation:
· Explain why you agree or disagree and add some examples to support your belief.
· Relate your personal or work experiences to the topic.
· Ask additional questions of your classmates.
· Make connections between the topic and the weekly readings.
· Explain ways the lessons from the class may be applied to your work.
Threaded Discussion Rubric

Assessment Criteria

Exceeds Expectations

5

Meets Expectations

4 3

Does Not Meet

Expectations

2 1

Does Not Address

0

Content

Exceeds designated number of posts and demonstrates good self-initiative.

Expected number of posts; responds within guidelines.

Fewer than required number of posts; rarely participates.

No postings

Responses are well developed and rich in concepts as well as demonstrating applied knowledge.

Responses are well developed but could use additional development of concepts and/or application of knowledge.

Responses are not well developed or they do not relate to concepts or demonstrate applied knowledge.

Responses are not well developed and do not relate to concepts or demonstrate applied knowledge.

Opinions and ideas are expressed in a clear and concise manner with obvious connections to the topic.

Opinions and ideas are stated clearly with occasional lack of connection to the topic.

Responses do not express opinions or ideas clearly.

Responses do not express opinions or personal ideas.

Includes appropriate peer-reviewed references in support of all postings.

Includes appropriate peer-reviewed references in support of some postings.

Includes references in support of some postings.

No references

Quality of Writing

Writing and organization is consistently of outstanding quality. Flawless presentation. No spelling, grammar, or punctuation errors. Citations and references are completely in APA format.

Good writing and organization of responses. Minimal spelling, grammatical, and/or punctuation errors. Good use of APA format for citations and references.

Writing and/or organization of responses needs improvement. The frequency of spelling, grammatical, and/or punctuation errors is distracting to the reader. Infrequent use of APA format for citations and references

The frequency of spelling, grammatical, and/or punctuation errors makes the response incomprehensible. No use of APA format for citations and references.

Overall Effort

Postings clearly demonstrate exemplary effort and show significant initiative, creativity, and original thought.

Postings demonstrate adequate effort and re complete, thorough, and reflect original thought.

Postings demonstrate little effort or are consistently incomplete or shallow.

Postings demonstrate no effort.

CONTRACTS REFLECTION PAPER

For this reflection paper, you will consider the role of contracts in your everyday life – both in your personal life and in your business world. The paper should be between two (2) and three (3) pages long. Include the guideposts below to assist you in writing your reflection. Use APA format for citations.
Think about areas of your life which are impacted by contract:
· What is the nature of those contracts and how do they affect you?
· How do contracts impact your place of business?
Consider what would happen if contracts and agreements were not enforceable by law (meaning, what would happen if it was up to each person’s good faith to fulfill agreed upon obligations?):
· How might business transactions differ?
· How important is contract law to the functioning of business markets?
Reflect upon at least one personal experience where you either negotiated or entered into a contract:
· Did the existence of a legally binding contract improve the transaction in any way?
· Was the experience positive or negative? Explain.
· Did you have a say in the terms of the contract? Did you engage in any negotiation?
· What were the elements of the contract? (What areas and situations did it cover?)
*Please refer to the Reflective Paper Rubric.

CONTRACTS – SHORT CASE STUDIES

· CASE A: Lucinda has applied with Orange, Inc. a computer and technology company. Orange, Inc. is located in Morristown, New Jersey and has a strong presence on the east coast. Lucinda would work in the research and development department, designing new products for release. The information to which she would be privy is very sensitive, and there is a general concern that employees will jump to a competitor and bring the trades secrets with them. Human resources wants to include a non-compete provision in the contract. In discussions with you, they mention they are going to prevent her from ever joining a competing firm anywhere on the east coast. This, of course, raises your concern.
For Case Study A, prepare a draft non-compete provision for an employment contract that achieves Orange’s intent to the greatest extent possible and will likely be upheld in court. The provision would be included in Lucinda’s employment contract and would outline the reasonable restrictions placed upon subsequent employment options elsewhere. It should be no more than one (1) page in length.

· CASE B: Buyer said to Seller, “I’ll give you $100 for that bracelet.” Seller replied, “Would you give me $135?” Buyer said “No thanks.” Seller then said that she accepted the $100. Buyer was no longer interested and said that there was no contract. Seller says that a contract exists because she unequivocally responded to the offer. Buyer disagrees. Which side do you take?
For Case Study B, draft EITHER: (i) a brief business letter to Seller, no more than two (2) pages, explaining why you, as Buyer, do not have a legal obligation to purchase the bracelet, or (ii) a brief business letter as Seller to Buyer, no more than two (2) pages, explaining why the Buyer does have a legal obligation to purchase the bracelet for $100. The letter should set forth the basic elements of a contract, and explain why, based upon the facts given, they were or were not met in this case – in other words, no matter which letter you write, you should acknowledge the opposing party’s argument and explain them away. Assume that you might do business with the other party in the future and want to maintain cordial relations.

· CASE C: Fanny Farmer enters a written contract with Billy Buyer. The agreement states: “Fanny Farmer shall provide to Billy Buyer 100 healthy beef cattle at $1,000 per head, to be delivered by January 1, 2008.” On November 30, 2007, a tornado, unheard of in this part of the country, rips through Fanny Farmer’s land and destroys her barn and, unfortunately all of her cattle, including the 100 cattle she intended to deliver to Billy Buyer.
For Case Study C, briefly set forth the legal arguments that can be made both on behalf of Fanny and on behalf of Billy. Your analysis should include a statement of the legal principle that governs the situation and an application of the facts to those principles. You should describe the best argument that each side can make. You also should decide which side should prevail and explain why your decision is fair. Your analysis should not exceed two (2) pages.

· CASE D: Seller owns land that is suitable for agriculture. Buyer age 25 is in the market for farmland to raise a corn and cattle operation. Seller sends a letter to buyer which says: “I will sell you the parcel of land known as White Acre for $500,000.” Buyer responds, in writing, “I accept that offer and will pay the amount specified for that parcel.” The closing takes place and the deed is conveyed. Shortly thereafter, buyer learns for the very first time that the land is worth 10 times the sales price – unbeknownst to either party, there were valuable mineral deposits below the surface. Seller wants to undo the sale.

For Case Study D, you will prepare two brief business letters. First, stand in the shoes of Seller and write a business letter (not in excess of one page) to Buyer indicating your legal argument for undoing the sale. Your letter should explain the legal principles applicable to the case and an application of the facts to those principles. Next, stand in the shoes of the Buyer and draft a response letter (not in excess of one page) indicating why a valid contract does exist. Again, cite the governing law and set forth a factual application that demonstrates Buyer’s best argument. Do not add any facts to those given in the case study.

· CASE E: Tweedy is an aspiring restaurateur. He wants to start his own French restaurant, but he lacks the needed start up money. Tweedy’s wealthy Uncle Tupelo wants to help Tweedy out, and he makes the following promise. “I think you’ve got what it takes. I am going to give you $10,000 to get this project off the ground.” Tweedy is ecstatic. He quits his job, buys $8,000 worth of kitchen equipment, $4,000 worth of furniture, and enters a lease for space. However, shortly thereafter, Uncle Tupelo later becomes mired in a messy divorce and he refuses to pay Tweedy.

For Case Study E, you will play the role of judge and determine if you would require Uncle Tupelo to make payment. Prepare a written opinion paper, not in excess of two (2) pages, that sets forth your decision. In your opinion paper, you should analyze the situation under basic contract principles and fully explain the legal reasoning supporting your conclusion. Be sure to include the law that governs the situation and the best factual arguments that both Tweedy and Uncle Tupelo can make to support their respective positions. Also, explain what practical business lessons, if any, can be drawn from this case study. Do not add any facts to those given in the case study.

*Please refer to the Case Studies Rubric.

CONTRACT DRAFTING ASSIGNMENT (Team Project)

For this activity, you will work in a team, represent an assigned client (either Wahoo or Almost Paradise), prepare an ideal contract, negotiate with another group, and submit a legally enforceable, agreed-upon contract. Prepare one document and make copies for the other team to review and negotiate. For the activity, you will assume the facts below.
Almost Paradise is a family owned, rustic lodge. The grounds are private and secluded. The housing includes seven individual cabins and a 10-room, lodge-styled guest house. They have done solid business for 10 years, primarily advertising Almost Paradise as the perfect “romantic get-away.” Recently, more competitors have located in the proximate area and business has slowed. Facing cash flow issues, Almost Paradise wants to create a marketing plan that will increase their exposure generally and broaden their appeal to families and outdoors enthusiasts.
Wahoo is a midsized company that specializes in drafting marketing plans for hotels, motels, and lodges. As part of their service they offer to provide overall consultation and create marketing plans rooted in print, television, radio, and the web.
Almost Paradise is interested in retaining Wahoo and securing their services for the next year. They have not found an alternative marketing company with which they are comfortable. Almost Paradise wants to do some intense marketing in the short term to drum up business for an upcoming busy-season. They also want to work on some longer-term efforts that they can unveil afterwards. Almost Paradise wants to focus on web and television mediums primarily, with some secondary print ads. They also want to reach out to all of their past customers. Wahoo’s business is somewhat slow right now and it is eager to secure the Almost Paradise contract.
· Draft an ideal contract: As a team, before negotiations begin, draft a contract which you consider a realistic “ideal” for your side. Submit that contract to the other party and the instructor in class on the due date and explain why you chose to include the provisions that you did (either through marginal annotations or a written summary or orally in class). What advantages have you secured for your client?
· Negotiate: In class, you will negotiate with the other team. The instructor will guide the format and how negotiations will begin. (One side can submit a proposal. Both sides can submit a proposal. Or you can try to negotiate it term-by-term.) When all parties are satisfied and an agreement has been reached, you can finalize the contract. Remember, it is crucial to both parties that some agreement be reached.
· Reflect: Discuss in class: What was your overall goal upon entering the negotiations? What terms did you think were crucial to include? Was your team able to get them in the contract? Why or why not? What challenges arose during negotiations and what tactics were employed to overcome them? Based upon the lessons learned from this exercise, what do you consider the keys to successful contract negotiation? Overall, do you think that the final result was close enough to the “ideal” to satisfy your client?

TORTS PRESENTATION (Team Project)
For this activity, you will prepare, as a team, a multi-media presentation (using PowerPoint or another comparable means) incorporating an understanding of tort law. Use APA format for citations.
*Please refer to Multimedia Project and Oral Presentation Rubrics.
Critical Thinking: Be sure to explore all possible sides to the issue before presenting your final recommendation.
Note: As a point of reference, each member of the group should consider contacting an actual retail store to ascertain how they proceed under similar facts. The findings from that outreach should be documented.
· TEAM A: A business security plan.
Assume the facts below:
You are the manager of a large electronics retail store. Over the past two years, business has been brisk but, unfortunately, so has crime. Shoplifting has become a real concern. For purposes of deterrence and principle, you want to take a strong stand against potential shoplifters by apprehending and interrogating suspects.
Using your knowledge of the intentional torts of assault, battery, intentional infliction of emotional distress, and false imprisonment, along with your knowledge of the “Shopkeeper’s Privilege” (see N.J.S.A. 2C:20-11(e)),draft a detailed store policy that instructs employees how to effectuate your desire to detain suspected shoplifters without committing any torts.
The presentation should teach about the potential torts involved in a security policy and how they are implicated by your policy. Explain in detail how your plan, if effectuated properly, will meet the business objectives while reducing the chance of tort liability.
· TEAM B: A parking lot security plan.

Assume the facts below:
The owner of the electronics store (the same one referred to in Part A), when made aware of the rise in crime in the city which your store is located stated: “We’ll deal with the shoplifting problem internally, but there’s nothing we can do about criminal activity in the parking lot. I don’t have a duty to the patrons once they leave the store. Plus, if something happens, it’s the criminal who caused the problem, not our store.” Rather than take this at face value, you decide to conduct research and provide the owner with a variety of perspectives regarding the legal and ethical issues involved. For purposes of this assignment, assume first that you own the parking lot, and then assume that the parking lot is owned by another party.

PRODUCT LIABILITY ACTIVITIES AND REFLECTIONS:
For both of these activities, you will serve as a juror in a product liability case. In the first case you will deliberate on whether tort liability should be found. In the second, you will deliberate on whether punitive damages should be awarded. [Optional: The instructor will facilitate the deliberation as a role play and will serve as the judge on the case.] Review these fact patterns and write a brief analysis of the issue. Be sure to include your “vote” as a juror. Specific instructions for the reflections follow the fact patterns provided below.
I. Liability Exercise
· Jury Deliberations

Facts Given: Lewis purchased a 1.5-gallon heavy duty gas can from Z-Mart. The can consisted of a jug for the liquid and a screw-on cap. The gas can was bright red, and there was not any writing or graphics on it. It cost $19.99. The packaging for the jug contained a single sheet of paper, written in English. It included the following: (1) a list of the type of liquids that the container could hold (i.e., gasoline), (2) contact information for the manufacturer (Acme Container Co.), and (3) a warning that read: “Keep Out of Reach of Children.” Lewis, who speaks Spanish as a primary language and English as a second language, glanced at the paper and then discarded it.
Clark, a four-year old, was visiting with Lewis’s child, also four years old. They were playing in Lewis’s basement and discovered the gas can. It was on the floor in the middle of the room. They easily unscrewed the cap and poured about one gallon of gas onto the floor. The vapors from the gas ignited, and Clark was burned severely as a result.
Clark’s father and mother filed a lawsuit against Acme Container Co. alleging that the product was defective, and against Lewis alleging that he was negligent.
As a “juror”:

· Consider Acme’s potential liability under all three product liability theories: defective manufacture, defective design, and failure to warn. Explain your thinking.
· Consider if Lewis is negligent. Explain your thinking.

Deliverable Assignment: Individually prepare a short paper — one (1) to two (2) pages – and describe why or why not each defendant is liable, or if neither defendant is liable. If you think both are liable, what percentage of liability should each defendant be responsible for?
· Helpful Hint: You may find helpful information about proper warnings in case like this on the Internet. Use APA format for citations.
· (In class or threaded discussion) Reflect upon and discuss why it is difficult to make a decision in a case like this as a juror. In doing so, consider the following questions: What was the most challenging aspect of the deliberations? Did deliberations change your mind in any way? On what issue was there the most consensus? The most disagreement? Were you satisfied with the ultimate decision of your jury? Did your jury get it right (meaning, do you think that the law of product liability properly was applied to the facts)? From a business point of view, what lessons did you learn regarding the potential legal exposure that flows from wrongdoing? Do you think the product liability tort framework is designed to bring about just results?
*Please refer to the Reflective Paper Rubric.

II. Punitive Damages Exercise
· Jury Deliberations (punitive damages exercise)
HealthCo is a provider of non-prescription sinus and allergy medication. They provide their pills in small plastic containers. The bottle is labeled “Child Proof.”
Abe is a five-year old child. His parents purchased a bottle of HealthCo’s medication and left it on the bathroom counter. Abe finds the closed bottle of pills, opens the container, and ingests most of the pills. Abe has to be rushed to the emergency room and subsequently spends two weeks in the hospital. Abe was crying hysterically when his parents found him with the pills and his stomach had to be pumped. His parents sue HealthCo for negligence in the manufacture and sale of the bottle — that is, they allege that HealthCo owes a duty to its customers, it breached that duty, and caused Abe’s injury (Cheeseman, 2016, pp. 120-124).
The following facts were established at trial:
· The type of cap used by HealthCo is generally effective but below regulatory standards. Internal memos indicate that HealthCo is aware of this but elects to remain below those standards rather than employ a more costly/more effective alternative design. The failure rate of the cap is much higher than that of competing brands.
· The FDA had never specifically asked HealthCo to change the safety cap it used.
· HealthCo’s profits for the past year were $45 million.
· In the past year, HealthCo sold 60,000 bottles of medication which incorporated the safety cap at issue.
· Abe’s parents conscientiously purchase items based upon child-proof representations.
· Abe’s hospital stay cost $50,000;
· Abe’s doctor bills, current and estimated future, are $5,000;
· Abe will have to undergo various forms of rehab estimated to be $2,000;
· Due to the stress to his system, Abe has a greater chance of contracting respiratory problems such as asthma and emphysema;
· Abe’s respiratory system is permanently weakened; and
· Abe sustained what doctor’s termed “excruciating pain” and “labored breathing” after the ingestion of the pills and prior to the emergency treatment. The pain was greatly reduced but lingered throughout his hospital stay.
At trial, the jury determined that HealthCo was negligent based upon the facts. As a result, Abe is entitled to compensatory damages.
The next steps for the jury are to (1) calculate the compensatory damages, (2) determine if punitive damages are warranted, and, if so, (3) calculate the amount of punitive damages.

Deliverable Assignment: Individually prepare a short paper – one (1) to two (2) pages – to include the following:
1. Calculate the amount of compensatory damages you would award and state how you calculated that amount;
2. A. Determine if you believe punitive damages are warranted;
B. If you believe punitive damages are warranted, rate, on a scale of 0 to 10, how “reprehensible” you find HealthCo’s behavior;
C. Then calculate the amount of punitive damages you would award and state how you calculated that amount.
Helpful Hint: The Cheeseman text talks a bit about punitive damages in a product liability case, but does not give enough information about compensatory damages in a personal injury case. Before doing this assignment, you may want to do some brief Internet research to understand the difference between compensatory damages and punitive damages in personal injury or product liability cases. Use APA format for citations.) In short, compensatory damages are intended to make the injured person “whole” and usually consist of
· Current and future medical bills
· Current and future lost wages or lost earning potential
· Current and future pain and suffering
· Emotional distress, depression, loss of enjoyment of life
3. Finally, reflect upon and discuss why it is difficult to make a decision in a case like this as a juror. In doing so, consider the following questions: As a juror, what was the most challenging aspect of your decision-making? From a business point of view, what lessons did you learn from this case? Are there any aspects of the process that encourage settlement by the parties before juries resolve a case?
*Please refer to the Reflective Paper Rubric.

THE LEGAL PROCESS – DRAFTING LEGAL DOCUMENTS

For this activity, you will play the role of plaintiff’s counsel in a personal injury lawsuit and draft a set of basic legal documents. Please read the facts below and then complete the tasks listed at the end.

Note: NJARTS is the plaintiff’s employer and the driver is plaintiff’s co-worker; as such, in some states, plaintiff may be barred from bringing a personal injury suit against them because of workers’ compensation laws. However, there are exceptions to that bar. So, for the purposes of this assignment, assume that workers’ compensation laws do not bar the plaintiff from suing either or both NJARTS and the driver.

FACTS GIVEN: NJARTS is a performing arts center in New Jersey. Parking for the facility is limited. To increase parking space for patrons, NJARTS requires its employees to park at a location two miles away and take a free shuttle from the parking lot to the center.
On August 1, a shuttle departed from the lot with 15 NJARTS employees on board. The posted speed limit on the four-lane road was 60 mph. The shuttle was traveling 75 mph. The driver heard a loud “popping sound” and felt the shuttle begin to veer right. In an effort to straighten the shuttle, the driver sharply turned the wheel to the left. As a result, the shuttle impacted a metal guard rail and came to a halt. The shuttle did not have seat belts. Passengers inside were thrown as a result of the impact, and several suffered severe injuries.
Police investigation discovered that there was “tread separation” on the left front tire. They believe that was the cause of the loud “popping sound” that was heard. The pavement temperature was 120 degrees, and it appears that the high temperature caused the separation. The shuttle was manufactured by Zippy Motors. NJARTS had purchased the Zippy Motors shuttle, brand new, four months prior to the accident. The shuttle had 1,000 miles on it at the time of the accident.
Jenny Rider was a passenger on the shuttle that day. She was thrown from her seat upon impact with the guardrail and suffered four broken ribs and a broken leg. She has undergone surgery, extensive physical therapy, and missed four months of work from her job as a talent booking agent at NJARTS.
You have been retained as legal counsel for Rider, who wants to file a lawsuit which covers all possible legal grounds and parties. Your assignment is this:
A. List the possible parties to the lawsuit and make a list of the possible claims against each.
B. (Note that information from item A would be used in the preparation of a Complaint, but you will not actually be drafting a Complaint for this exercise.)
C. Draft the following documents that will help you obtain the facts that you will need to prove in court to succeed on each claim. These are called Discovery documents (see the Cheeseman text, pp. 68-69):
1. A set of interrogatories to be served on each of the defendants you identified (e.g., the driver, NJARTS, Zippy Motors);
2. Document requests to be served on each of the defendants you identified (e.g., the driver, NJARTS, Zippy Motors);
3. A list of the people who you think should be deposed in the case.
Together, your submittal should be no more than three (3) pages in length.

ETHICS CASE STUDY

Analyze the Coca-Cola Employee Case (Joya Williams) on page 172 of your textbook. Focus on the ethical issues raised by the case and use the following ethics checklist as a guide in discussing the case and what you think would be the ethical and right decision based on your values and ethics, not necessarily the Court’s decision. Finally, analyze the Court’s decision and discuss if you think it was fair and just and whether you feel that Williams deserved the punishment she received for the crime she committed. Would you have done the same thing Joya Williams did if you were in her situation? Use outside research and add any other thoughts or analysis that you think are relevant to a discussion of the case. Consider the checklist below very carefully as you formulate your response.
Your response should be a minimum of 500 words. Use APA format for citations.

Ethics checklist:

· What are the facts?
· What are the critical issues?
· Who are the stakeholders?
· What are the consequences?
· Does the conduct violate important values?
· Does it violate the Golden Rule?
· What were Ms. Williams’ motives?
· What are the parties’ alternatives?
· What are the ethical implications of each alternative?
· Is more than one alternative right?
· Has the process been fair?
· Is the punishment just?
· Which values are in conflict?
· Which of these values are most important?
· Can you find an alternative punishment that is consistent with your values?
*Please refer to the Ethics Case Study Rubric.

LEGAL FORMATION CASE STUDIES–MEMOS

Read the following fact patterns. Assume the role of consultant and prepare a brief memorandum for your clients that suggest the appropriate business structure for their needs. In doing so, fully explain your reasoning and spell out the pros and cons of the suggested structure. Also, include the reasons why you excluded other forms of consideration. If there is additional information you would need from the entrepreneurs, indicate the questions you would ask them. Your response should be a minimum of 500 words.
1. Green is a talented artist and he creates landscape paintings while working in the open air. Green originally started selling his works at flea markets and small craft fairs. The popular response encouraged him to create a website and start a mail-order business. He outsources some of the printing responsibilities, and hired someone part time to help him ship out his work to website-based customers. He does not currently own permanent retail space, but he has not ruled it out. What business structure(s) would you recommend to Green? Advise Green of the pros and cons of that structure.
2. Sue and Nancy have just patented a coffee-roasting procedure and have plans to open a small, storefront coffee-shop in suburban New Jersey that will be centered around that process. Both have substantial personal assets. However, they also will be seeking additional financial backing through loans and investors. They will need to pay rent, invest in all of the machinery for the store, purchase décor and furniture, stock supplies, and develop a marketing campaign. They are new to the business, with few business connections, and they plan to canvass their friends and family for potential backings. What business structure(s) would you recommend to Sue and Nancy? Advise Sue and Nancy on the pros and cons of that structure.
3. Matt, Brock and George are good friends who are skilled web-site designers. They have complementary skills and work well together. One thing they share in common is that they are self-proclaimed “control freaks” and do not like to take orders from others. As such, the trio has decided to pool their resources, self-employ, and create a web design and consulting business. They would work with small companies and perform various services such: design websites, set up online e-commerce stores, provide digital photography services, provide graphic design consultation, and programming (for bookkeeping, privacy and security, etc.). Matt would travel extensively and meet with clients; Brock would provide the expertise and consulting; George would provide the programming. They have limited personal assets and would need seed money to implement this business plan. Initially, they need a company vehicle, small office space, and technical equipment. They have plans for extensive future growth and eventually would like to work with larger companies. What business structure(s) would you recommend to Matt, Brock, and George? Advise them on the pros and cons of that structure.
REFLECTIVE PAPER RUBRIC

Assessment Criteria

Exceeds Expectations

5

Meets Expectations

4 3

Does Not Meet Expectations

2 1

Did not Do

0

Application of Reflective Process

Clear evidence that the author fully engaged in the reflective process with all 4 of the parts included.
· Describe
· Analyze
· Reflect
· Act

Some evidence that the author engaged in the reflective process. Only 2 or 3 of the parts of reflective practice are included.

Little or no evidence that the author fully engaged in the reflective process including:

Missing

Presentation demonstrates insight, relevance of content to professional practice and critical thought.

There is some evidence of insight into the topic but there is little relationship to professional practice

The evidence of reflective practice which is provided is limited to only descriptive approach to issued related to the experiences and/or literature.

Missing

Quality of Writing

Entries are consistently of outstanding quality. Flawless presentation.

Entries are consistently of good quality. Minimal spelling, grammatical, and/or punctuation errors.

Entries are consistently of poor quality. The frequency of spelling, grammatical, and/or punctuation errors is distracting to the reader.

Missing

Overall Effort

Written work clearly demonstrates exemplary effort. Responses consistently show initiative, creativity, and original thought.

Written work demonstrates adequate effort. Responses are consistently complete, thorough, and reflect original thought.

Written work demonstrates little effort. Responses are consistently incomplete, shallow, and/or submitted late.

Missing

APA Format

All parts of the reflective journal follow APA format requirements.

Most parts of the Case Analysis follow APA format requirements.

Some parts of the reflective journal follow APA format requirements.

Missing

CASE STUDIES RUBRIC

Assessment Criteria

Exceeds Expectations

5

Meets Expectations

3 4

Does Not Meet Expectations

Did Not Do

1 2

0

Resolution Process and Development

Effectively worked to articulate the rationale behind the resolution and provided many details pertaining to the decision process and fact-based assumptions.

Effectively worked to articulate the rationale behind the resolution and provided some details pertaining to some of the following: the decision process the decision process and fact-based assumptions.

Attempted to work to articulate the rationale behind the resolution and provided little or no details pertaining to the decision process the decision process and fact-based assumptions.

Missing

Case Analysis

Focuses on the topic required and provides good supporting information/references.

Semi-focuses on the required topic.

Does not focus on topic.

Missing

Responses to questions are very thorough and comprehensive. Appears well-thought out and planned.

Responses have adequate thought development and information.

Incomplete thought development and/or irrelevant information. Appears hastily organized and/or written.

Missing

Responses to questions are detailed and own analyses demonstrate exemplary insight.

Responses sufficiently answer the questions, but own analyses lack insight.

Paper fails to answer all the questions and/or does not incorporate own analysis.

Missing

Fully addresses all the required topics.

Fully addresses most of the required topics:
· Case Summary
· Analysis
· Conclusions
· Recommendations

Does not address the required topics, or does not address them fully.

Missing

Idea Development

Paper is organized in a manner to enhance the presentation of the material with thoughtful transitions, logical sequencing, appropriate elaboration, and a satisfying conclusion.

Paper is well organized with some transitions that could benefit from further development, a more focused conclusion, and/or improved sequencing.

Paper is unclearly organized and difficult to follow.

Missing

Organization

Follows instructor guidelines for writing and has consistency in style with natural flow and well-constructed sentences that enhance the paper.

Follows instructor guidelines for writing. Paper has natural flow most of the time and/or some inconsistencies in style.

Does not follow instructor guidelines for writing. Paper does not flow and/or is inconsistent in style.

Missing

Overall Effort

Written work clearly demonstrates exemplary effort.

Written work demonstrates adequate effort.

Written work demonstrates little effort.

Missing

Writing

No punctuation, grammar, or spelling errors.

Few punctuation, grammar, or spelling errors.

Numerous punctuation, grammar and spelling errors.

Missing

APA Format

All parts of the case Analysis follow APA format requirements.

Most parts of the Case Analysis follow APA format requirements.

Some parts of the Case Analysis follow APA format requirements.

Missing

MULTIMEDIA PROJECT RUBRIC

Assessment Criteria

Exceeds Expectations

Meets Expectations

Does Not Meet Expectations

Did Not Do

5

3 4

1 2

0

Curriculum Alignment

Clear evidence of connection to course curriculum. Frequent and clear references are made to facts, concepts, and cited resources. Users will learn from this project

Some evidence of connection to course curriculum. Users may learn from this project

No evidence of connection to course curriculum. Users are not likely to learn from this project

Missing

Evidence that Objectives were Met

Clear evidence that project content supports stated objectives

Some evidence that project content supports stated objectives

No evidence that project content supports stated objectives

Missing

Depth and Breadth of Project Content

Clear evidence that higher level thinking skills were used in the creation of this project

Some evidence that higher level thinking skills were used in the creation of the project

No evidence that higher level thinking skills were used in the creation of this project

Missing

Subject Knowledge

Subject knowledge is evident throughout the project. All information is clear, appropriate and correct

Subject knowledge is evident in much of the project. Most information is clear, appropriate and correct

Subject knowledge is not evident. Information is confusing, incorrect or flawed

Missing

Design

The combination of multimedia elements and content takes communication to a superior level. There is clear attention given to balance, proportion, harmony and restraint. They synergy reaches the intended audience with style and pizzazz

Multimedia elements and contents combine to adequately deliver a high impact message with the elements and words reinforcing each other

Screens are either barren and stark or confusing and cluttered. Exaggerated emphasis on graphics and special effects weakens the message and interfered with the communication of content and ideas

Missing

Organization

The sequence of information is logical and intuitive

The sequence of the information is logical

The sequence of the information is not logical

Missing

Technical

Project runs perfectly with no technical problems. For example, there are no error messages, all sound/video or other files are found

Project runs adequately with minor technical problems

Project does not run satisfactorily. There are too many technical problems to view the project

Missing

Navigation

Users can progress intuitively throughout entire project in a logical path to find information. All buttons and navigational tools work

Few difficulties experienced while navigating through the project

Buttons or navigational tools are absent or confusing. No buttons and navigational tools work

Missing

Spelling and Grammar

Project honors all rules of spelling and grammar

Project adequately honors most rules of spelling and/or grammar (2 or fewer)

Project has 4 or more errors in spelling and/or grammar

Missing

Completion

Project is completely finished

Project is incomplete and contains several unfinished elements

Project is incomplete and contains many unfinished elements

Missing

Citing Resources

All sources are properly cited within the project according to APA style

Most sources are properly cited within the project according to APA style

No sources are properly cited within the project according to APA style

Missing

Overall Quality

It is clear that the paper reflects a serious effort by the student and the allocation of sufficient time to its development

The paper meets the instructor’s criteria but additional time and effort would have improved the paper

The paper minimally meets the instructor’s criteria or reflects limited interest in the project

Missing

ORAL PRESENTATION RUBRIC

Assessment Criteria

Exceeds Expectations

5

Meets Expectations

4 3

Does Not Meet Expectations

2 1

Did Not Do

0

Visual Presentation

The presentation props reflect an exceptional degree of student creativity in their design.

Some creativity is shown in the creation or design.

Little creativity is shown or lack of presentation props.

Missing

The visual is exceptionally attractive in terms of design, layout and neatness.

The visual is attractive in terms of design, layout and neatness.

The visual is distractingly messy or very poorly designed. It is not attractive.

Missing

Verbal Presentation

Student speaks clearly and distinctly all the time and pronounces all words correctly and uses variation in tone to communicate points.

Student speaks clearly and most of the presentation is able to be heard in the back of the room.

Student mumbles, speaks too softly, speaks too quickly or mispronounces words.

Missing

Student stands up straight, looks relaxed and confident. Establishes eye contact.

Student stands up straight and establishes eye contact.

Slouches and/or does not look at people during the presentation or student reads from visual or note cards.

Missing

Overall Quality

Overall delivery of verbal and visual presentation was professional

Overall delivery of verbal and visual presentation was adequate.

Overall delivery of verbal and visual presentation was lacking.

Missing

It is clear that the presentation reflects a serious effort by the student and he/she has allocated sufficient time to its development.

The presentation meets the requirements but additional time and effort would have improved the overall presentation

The presentation minimally meets the requirements or reflects limited interest in the project

Missing

The presentation was completely at the level for an executive audience.

The presentation was somewhat at the level for an executive audience.

The presentation was not appropriately directed for an executive.

Missing

ETHICS CASE STUDY RUBRIC

Assessment Criteria

Exceeds Expectations

5

Meets Expectations

4 3

Does Not Meet Expectations

2 1

Did Not Do

0

Case Study

Audit instrument is fully used in evaluating the case

Audit instrument is used somewhat in evaluating the case

Audit instrument is not used in evaluating the case

Missing

Analysis fully addresses all the required topics:
· Facts of what happened in the situation
· Effects/results of the conflict in the case
· Primary issues that led to this conflict
· Hidden issues and why they exist
· What should be done to improve the situation
· The advantages/ disadvantages of your suggestions
· What could have been done to avoid the conflict in the first place

Analysis fully addresses most of the required topics:
· Facts of what happened in the situation
· Effects/results of the conflict in the case
· Primary issues that led to this conflict
· Hidden issues and why they exist
· What should be done to improve the situation
· The advantages/ disadvantages of your suggestions
· What could have been done to avoid the conflict in the first place

Analysis does not address the required topics, or does not address them fully.
· Facts of what happened in the situation
· Effects/results of the conflict in the case
· Primary issues that led to this conflict
· Hidden issues and why they exist
· What should be done to improve the situation
· The advantages/ disadvantages of your suggestions
· What could have been done to avoid the conflict in the first place

Missing

Analysis is thoughtful and thorough, linked to course concepts, and demonstrates critical thinking

Most of the analysis is thoughtful and thorough, linked to course concepts, and demonstrates critical thinking

Little of the analysis is thoughtful and thorough, linked to course concepts, or demonstrates critical thinking

Missing

References and APA

A total of three or more additional peer-reviewed references are cited in support of the case study; they go beyond what is obvious in the course materials

A total of two additional peer-reviewed references are cited in support of the case study, but no effort is made to find less obvious references

One additional peer-reviewed references are included cited in support of the case study, or references cited are inappropriate or incorrect

Missing

Paper and references are completely in APA format

Paper and references are mostly in APA format

Paper and references are not in APA format

Missing

Quality of Writing

Outstanding quality; flawless presentation

Good quality; minimal spelling, grammatical, and/or punctuation errors

Poor quality; the frequency of spelling, grammatical, and/or punctuation errors is distracting to the reader

Missing

Overall Effort

Written work clearly demonstrates exemplary effort; responses consistently show initiative, creativity, and original thought

Written work demonstrates adequate effort; responses are consistently complete, thorough, and reflect original thought

Written work demonstrates little effort; responses are consistently incomplete, and/or shallow

Missing

Activities Calendar

Week

Date

Assignments Due

1

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2

·

3

·

4

·

5

·

6

·

7

·

8

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� Adapted from MidLink Magazine (� HYPERLINK “http://www.ncsu.edu/midlink/” ��http://www.ncsu.edu/midlink/�) or Multimedia Mania (� HYPERLINK “http://www.ncsu.edu/mmania/” ��http://www.ncsu.edu/mmania/�)

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