Case Portfolio: Case briefings and answers to questions

XX: XX

K F

U O P

Political, Legal and Ethical environments of Business

P: C S

9/2/07

I have compiled a case portfolio of seven personally briefed business
law cases. In the following portfolio I include one case from each of
the following topics:

Basic Business

Real Properties

Intellectual Properties

Business and the Bill of Rights

Administrative Agency

Torts Relating to Business

Contracts

For each type of brief I will answer questions given to me by my
instructor on appendix A. I will start my portfolio with the first topic
until I complete all seven topics.

Basic Business Brief:

The Supreme Court Case: United States v. Paradise

480 U.S. 149 (1987)

Docket Number: 85-999

Facts:

The Alabama Department of Public Safety was asked to make promotions of
employees in which half of the promotions would go to blacks. There was
a condition that blacks suitable for the position should be available.
In other words, can there be a directive to the state department to make
a 50% promotions reserved for blacks if suitable candidates were
available. It had been found that for almost four decades blacks had
been excluded from employment as state troopers in violation of the
Fourteenth amendment.

Issue:

Did the dictate of 50% promotions reserved for the blacks violate the
Equal Protection Clause of the Fourteenth Amendment?

Ruling:

The Supreme Court upheld the promotion plan. The promotion plan was such
that it did not prohibit white promotions. The four judges who affirmed
felt that this promotion plan was required in light of the shameful
history of the Alabama department. The courts had found way back in 1972
the departments policies as being unconstitutional.

Analysis:

The Supreme Court ruling was that since the Alabama Department of Public
Safety had violated the constitution, the judges might order employees
to use number based racial quotas in promotions as well as in hiring to
cure hateful past discrimination against blacks. This is an important
case that relates to employment and so impacts business. The district
court had issued an hiring quota and refrained the Department from
engaging in discrimination in its employment policies including
promotions. In 1979 no black had attained the upper ranks of the
department.

In 1983 the department had submitted to the court that it had a proposal
in which 4 blacks and 15 whites would be promoted. It was then that the
district court said that at least 50% of the person promoted should be
black. No business or government department can have discrimination in
hiring and promotion policies. Otherwise the court may order the
business or employee to set right the situation in a manner that the
court feels fit.

Minority Rationale(s):

If there is any discrimination in promotion or hiring in any business or
government, the discriminated party may approach the court and the court
will lay down the procedure for hiring as well as for promotion that it
feels fit.

Comments:

Employment is an important part of business and there should not be any
violation of the Fourteenth Amendment.

Questions:

1. In what state did this case originate?

In the state of Alabama

2. How long had the case been in the litigation process?

From November 12, 1986 to February 25, 1987

3. What is jurisdiction in relation to this case?

Jurisdiction in relation to this case is the say the court has over the
matter since the employer was found to be unconstitutionally wrong.

Real Properties Brief:

Facts:

Issue:

Ruling:

Analysis:

Minority Rationale(s):

Comments:

Questions:

1. Owning real property does not mean that all rights are protected.
Show two examples of where rights are limited in the ownership of land
or property.

2. How do servitudes and easements get put into place?

3. How can they be protected?

4. Why is this important?

Intellectual Properties Brief:

Facts:

Issue:

Ruling:

Analysis:

Minority Rationale(s):

Comments:

Questions:

1. What is the difference between copyrights, trademarks and patents?

2. Why is the title to real property permanent, whereas some
intellectual property is limited in the time that it is protected?

Business & the Bill of Rights Brief:

Facts:

Issue:

Ruling:

Analysis:

Minority Rationale(s):

Comments:

Questions:

1. What is the major difference between business speech and political
speech?

2. Closely regulated industries are not afforded all Fourth Amendment
guarantees against unreasonable search and seizure. Is this fair, or is
it necessary to protect the greater good?

3. After briefing this case on Business and the Bill of Rights do you
feel that the rights of the business were protected or violated? Defend
your position.

Administrative Agency Brief:

Facts:

Issue:

Ruling:

Analysis:

Minority Rationale(s):

Comments:

Questions:

1. Why does the agency exist?

2. Describe the powers of this administrative agency. Show an example of
the kind of work it does. To whom, if anyone, does it report?

3. Where do the legislative and judicial branches come into play with
investigation and enforcement of this agency?

Torts Relating to Business Brief:

Facts:

Issue:

Ruling:

Analysis:

Minority Rationale(s):

Comments:

Questions:

1. What kinds of torts involve primarily businesses?

2. Explain the concept of warranties; describe the different types and
how they are applied to products.

3. When is liability imposed?

4. Are warnings on labels for dangerous items such as cigarettes or guns
enough to protect these companies from liability or negligence cases?

Contracts Brief:

Facts:

Issue:

Ruling:

Analysis:

Minority Rationale(s):

Comments:

Questions:

1. Consider the case you are briefing. What element of the contract was
in dispute?

2. How could this conflict have been avoided?

3. What other elements could have caused the contract to be
illegitimate.

4. Consider that the plaintiff won the case. What were other ways in
which the plaintiff could have been remedied in court?

5. What sort of contracts must be in writing before they are considered
enforceable?

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Case Portfolio