Business law question

Gary, an estate planner, works on a contract basis for our clients at “State of Estates”. On occasion, we contract Gary to handle a specific client for a specific estate planning job. Per our contract with Gary for these specific clients, he is paid commission on a weekly basis based on the overall fee received by the firm. When working for these specific clients, Gary is able to use our office space, equipment, and any supplies necessary to complete the job. To ensure consistent work product and regulatory compliance, Gary submits his work to a supervisor, who approves it and send it to the client on behalf of our firm. Recently, we had to lay Gary off in the middle of a job and he filed for unemployment compensation.

What legal tests could be employed to determine whether Gary is an independent contractor or employee?
Based on these tests, what is your conclusion as to Gary’s status: independent contractor or employee?

Sample Solution

Violation of the law

Ms. W, a fourth-grade music teacher, emails parents using the school’s email, notifying them that she is available on weekends and after school to teach violin to students at a reasonable hourly rate. Several of her violin students have been struggling with their lessons. Ms. W feels that the extra time out of school will benefit the students.
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Answer each question at least 2-3 sentences.
• What possible issues/concerns might this scenario raise?
• How could this situation become a violation of the law, the “Code,” or other school/district policies?
• In this situation, what are some potentially negative consequences for the teacher, for the students, and for the school community?
• What responses/actions will result in a more positive outcome, and/or what proactive measures might be considered?

Discussion 2
Read this article (Links to an external site.) about safeguarding student data.
List your concerns about safeguarding student data, the laws currently in place, and the need for balance in policy and decision-making.

Lesson 3 Discussion 1
Ms. D, a third-year 7th-grade math teacher, complains to her next-door neighbor about a difficult student in her class, identifying the child by name and providing specific details about the student’s academic record. Ms. D says that the neighbor doesn’t know the student personally, so there should be no problem discussing the student and the situation.
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Answer each question at least 2-3 sentences.
• What possible issues/concerns might this scenario raise?
• How could this situation become a violation of the law, the “Code” or other school /district policies?
• In this situation, what are some potentially negative consequences for the teacher, for the students and the school community?
• What responses/actions will result in a more positive outcome and/or what proactive measures might be considered?

Sample Solution

The role of security officer/manager and law enforcement

The role of security officer/manager and law enforcement officer have the same main goal being crime prevention, but the reasons for preforming the duties, target “audience”, and delivery method are quite different as we see on figure 7.1 in Private Security and Law by Charles Nemeth. First is the reason for crime prevention. Security companies need profits from clients to operate and provide crime prevention services when paid by a specific client for a specific job. Law enforcement agencies provide crime prevention services on the tax payers dollar and preform this task in order to keep the peace in the general area of their jurisdiction not just a specific client in a focused area. The target audience for security companies is whoever has them on their payroll and in contrast law enforcement agencies provide this to all citizens within their area of operation. When examining table 7.1 and 7.2 in Private Security and Law we also see that the importance of each task ranked by importance to each type of officer. In table 7.2 for the law enforcement officer we see that the arrest and prosecution of criminals is much higher on the list when compared to privatized security officers. A security officer will stay at his post and prepare for a known criminal to try to breach his layers of security and try to prevent this. A law enforcement officer may do the same at public events, but they will also go out into their communities and actively search for these criminals in a general area.
A security officers actions may not only effect himself but also the company he works for as made evident on page 156 of Private Security and Law. An employer will be held liable for any actions made by their employee. The videos we watched in week one come to mind again with security officers pulling out weapons unprovoked and then immediately being held responsible for their negligence. If someone had died the officer, security company, and business hiring the security company could be held liable.
We also see in Private Security and Law on page 233 that officers who restrain or detain an individual without a proper reason “…may be criminally liable for false imprisonment.” If a security officer impedes on a citizens rights knowing they haven’t actually done anything wrong or are they are the first aggressor in a violent act they will be held liable for the outcomes of those situations and put the companies employing them in a compromising position.

Sample Solution

Breach of ethical practices resulting in the fall of a major energy provider.

The Enron case is an example of a scandal of an immense breach of ethical practices resulting in the fall of a major energy provider. The case involves a culture underpinned by incentive schemes rewarding unethical practices. Enron executives engaged in aggressive accounting practices such as the use of mark to market valuation on contracts produced artificially large earnings, disguising for some years underlying poor profitability in major parts of the business. Eventually this led to the demise of the company and the imprisonment of many of the top executives. Students will explore this case representative of a lack of ethical and legal compliance and the far-reaching repercussion for many people and institutions.

Submission Instructions

Write a report about this case study. Each report should include an introduction and conclusion, should be 4-6 pages (double spaced), 2.54 cm margins (the default on MS Word), and 12 pts size font. The paper should follow the APA guidelines for format and citation.

Sample Solution

Legal and regulatory issues

Executive pitch on why crypto should be added as part of service offering for clients and how to integrate it. Pros and cons of crypto adoption and growth.

Hold custody of keys or Be an exchange?

What legal and regulatory issues would come to offer exchange services or custodial services.

How would integration work 3rd party vendors?

Sample Solution

Transnational Commercial Law

Is the harmonisation agenda capable of creating ‘transnational commercial law’? Critically discuss with reference to two or more areas of substantive law covered in the module. The substantive law covered in the module is agency law, the Cape Town Convention, re​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​statements of contract law and international commercial arbitration. We do not cover the substantive law of the Vienna Convention on the International Sale of Goods in this module so you cannot use this as an example in your essay. And for the references it shouldn’t be less th​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​an 8.

Sample Solution

Transnational Commercial Law

Is the harmonisation agenda capable of creating ‘transnational commercial law’? Critically discuss with reference to two or more areas of substantive law covered in the module. The substantive law covered in the module is agency law, the Cape Town Convention, resta​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​tements of contract law and international commercial arbitration. We do not cover the substantive law of the Vienna Convention on the International Sale of Goods in this module so you cannot use this as an example in your essay. and for the references it shouldn’t be less than 8 ​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​or 9.

Sample Solution

Unusual challenge for counterterrorism and law enforcement officials

This week, you examined the phenomenon of suicide bombers. These terrorists present an unusual challenge for counterterrorism and law enforcement officials. Examine the following aspects of these cases:

What would make people surrender their lives for a cause?
Do suicide bombers make a rational choice to sacrifice their lives, or does “brainwashing” have a role in making people agree to execute suicide attacks?
In what ways does suicide terrorism present a unique threat to freedom and peace?
What do terrorists have to gain from using such tactics of mass destruction and loss of human lives? How does killing innocent civilians help any cause?
Explain the concepts of jihad, fatwa, and shahadat. Does the religious aspect of these concepts help to legitimize behaviors that would otherwise be prohibited?

Sample Solution

Recent POS breaches

Go to Basic Search: Strayer University Online Library to research recent POS breaches from within the last three years and explain, based on your reading in class, what occurred. Be sure to cite your sources and your textbook.
Explain why or why not you think the breach was preventable, as well as the overall impact the breach had on the business.
In your opinion, if the breach was preventable and the company is found responsible, should they be given a monetary penalty or should stricter legal action be taken, such as jail time? Justify your answer.
Suggest or recommend any tool that could help to maintain compliance.

Sample Solution

The violation of law by a company.

  1. Identify a violation of the law by a company. What happened and how was the law violated? What was the impact on the employee(s), the organization, and stakeholders?
  2. Identify some of the positive changes that have occurred as a result of these laws.
  3. Do you know of any laws that have been violated during this pandemic

Sample Solution