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BUS 307 Case Study 2 – Professional Memo
Jennifer Moore
Professor
BUS 307- Business Law II
November 27, 2022
BUS 307 Case Study 2 – Professional Memo
To: Fred and Sally
From: Jennifer Moore
Subject: Fred’s Miracle Cough Syrup
This memo's objective is to make you aware of any potential legal problems resulting from Jane's theft. I will also give you information on civil claims you might have, the various sorts of commercial bankruptcy lawsuits, and other legal options that could be used to prevent the bankruptcy of Fred's Miracle Cough Syrup.
Legal Defences
For a court to render a verdict, the defendant must have the opportunity to defend oneself against the civil allegations. Common law mandates that the person accused of a crime must present a defence in order to determine whether or not they should be found guilty of the crime. If there is no tangible proof confirming their guilt, the defendants must provide evidence to support their innocence or refute the accusations. In these instances, Jane used a fake check to settle her debts to Don. If Don receives the check, he may charge Fred and Sally of fraud. Since their document is fraudulent, Fred and Sally cannot compensate Don. Given that there is no connection between them, a strong defence against the allegation is likely.
In this instance, Jane is responsible for maintaining company documents. She has no part in business leadership, management, sales, processing, or delivery. Therefore, it is not her function and responsibility to make payments. Due to her lack of integrity and responsibility, she has compromised the organization's ideals by falsifying the check and acting above her authority. A violation of duty is a criminal offense. Consequently, the defendants may assert that Jane behaved as an individual and not as a corporation (Ambos, 2018). The check was meant just for buying of Fred Miracle syrups, but Jane wanted to use it to settle a few of her personal debt. There is no binding official document between Don and Fred. In the absence of an agreement between two parties, there is no contract. Fred and Sally thus are not accountable to Don. Given there was no contract, neither Sally nor Fred received any services from Don. Therefore demonstrating that Fred and Sally are not responsible for Don's civil lawsuits.
Jane was responsible for the gambling obligation, not Fred's business, because she was the one who obtained the service from Don's company. Don should therefore submit the complaint to Jane and not Fred and Sally. Jane also exceeded his authority, thus neither Fred nor Sally are responsible for her acts. Consequently, she should bear the loss as a result of her conduct. Fred and Sally will be victorious in their case since they are in no way responsible to Don (Ambos 2018).
Church
Offerings are contributions or donations made to the church. Therefore, the cheque with Fred and Sally's names that Jane presents in church seemed to be a gift. The cheque was issued without Fred and Sally's permission. Jane fabricated the check, which bears the signatures of Fred and Sally. Hence, the church might sue them for misleading or deceptive conduct over the counterfeit check issue, as it is impossible to determine whether they are being genuine and honest. In this scenario, Fred and Sally might try to disprove the claim by claiming that in order for a payment to be considered legal, it needs to be authorized by the signatory of the account. They must thus show that Jane really did falsify their signatures in order to prove that they are immune from liability and cancel the transaction (Aldulaimy, 2020). They ought to keep the cheque as well as the evidence that Jane attempted to give it to Don but was ineffective. They will prevail in their arguments, resulting in the court penalizing Jane.
Civil Claims against Jane
Jane has caused financial harm to the company through theft and forgery on multiple occasions. Because of their wrongdoing, Fred and Sally have lost all of their business's credibility and can no longer afford to run their operations. It is illegal to create a fake document, especially if it is going to be used fraudulently. Consequently, Fred and Sally have legal grounds to sue Jane for forgery and deception. Sally and Fred are the only authorized signatories for the company bank account (Parness, 2018). Jane has no authority over the company's finances, yet she still made a photocopy of their falsified signatures to use in her transactions. Sally must do a comprehensive assessment of their company's financial accounts in order to uncover any proof that Jane has used faked cheques to pay for her own expenses or without Sally and Fred's permission. Consequently, establishing Jane's liability for fraud. To be successful in their allegations, they need adequate proof against Jane showing that the cheques utilized to help complete these transactions were not approved by the authorized signatories, but instead by an impersonator identifiable as Jane.
Bankruptcy
A large number of companies are forced to declare bankruptcy every year as a result of poor financial management and unforeseen catastrophes. In the event that a firm is unable to pay off its debts, a legal process is initiated in order to seek relief from the full or partial weight of the obligations. In circumstances like this, the most frequently used varieties of bankruptcy are chapter 7 and chapter thirteen. The process of selling off one's possessions is covered in Chapter 7. The sale of the assets is done to satisfy the obligations that have been incurred to the creditors. The liquidation process shall take six months or 180 days from the date of filing for bankruptcy. Once the lawsuit is solved, there should be no more debts, regardless of whether or not all obligations have been paid. In chapter thirteen, home savings, auto savings, and home savings using are discussed. It was suggesting that the issuer of the asset for reimbursement is not invariably the debtor. For this to occur, the debt must have reached a certain threshold, and the court will prolong the debtor's payment period until all debts are paid (United States Courts, 2010). After the conclusion of the case, the debtor retains ownership of the asset.
Effects of Possible Bankruptcy
The company's conversion to sole proprietorship eliminates any impact on personal assets from a prospective business insolvency process. When one individual runs all aspects of a firm, that entity is called a "sole proprietorship" (Foss et al., 2021). All of the initial funding comes from that one source, be it loans or personal wealth. Although the sole proprietor may employ others to help with business choices, he retains ultimate authority. The sole proprietor takes on all the rewards and losses of the company. In addition, a single proprietorship is not considered a separate entity from its owner for legal purposes. Companies and sole proprietors are subject to the same rules and laws. The sole proprietor as well as the business coexist. Therefore, they are same.
Family Assets
A sole proprietorship is a form of business that is owned by an individual and he/she owns all the rights. The proprietor is individually responsible for all debts and obligations incurred by the company (Foss et al., 2021). In the event that the company's assets are insufficient to cover its debts, the owners may be forced to liquidate their personal holdings to do so. As a result, the owner's business and private property may be taken by creditors in the event of non-payment of bills. In the event that the entity goes bankrupt, these may have an effect on the property of family members even though they do not control the business.
Intellectual Property
Sam decided against pressing forward with moving into an elite supply deal with Bob, the proprietor of a home drugstore. Bob's temper flared up, and he went back to using the modified cough syrup strategies. After some time, Bob posted the method for exacting revenge online. In the event that Bob violates Fred's intellectual property rights, Fred can file a lawsuit against Bob in the form of copyright infringement or patent infringement.
Businesses and corporations take steps to protect their copyright interests by registering existing works and producing new ones. If interested parties are willing to pay for the owners' products or enter into licensing agreements, they can gain permission to use the copied works (Savelyev, 2018). Nonetheless, there are a number of factors that can make it easier for third parties to infringe, such as a shortage of supply channels for the protected work or a rise in the price of permitted works. As a result, copyright infringement occurs when content protected by copyright laws and regulations is used without permission from the content's owner.
Once an organization has applied for and been awarded a patent for an invention, they have exclusive rights to that invention and can prevent anyone from making, using, or selling it. Companies or individuals who carry out these actions without authorization are infringing on the rights of the patent's rightful owner. Hence, patent infringement occurs when one sells or uses a patented invention without the owner's consent. Direct and indirect infringements of patents can occur in a number of different ways. Infringing can include, for instance, willful infringement upon the patent rights of a competitor (Kim & Yoon, 2021). The infringer is aware of the firm's patent yet chooses to ignore it anyhow. The infringement may make use of all of the firm's claimed patent inventions. Consequently, Fred will win his case against Bob for patent and copyright violation. Bob published Fred's secret recipe for cough syrup without Fred's knowledge or permission, leading to this.
Intellectual property takes the form of trade secrets, which are a type of confidential business procedures that are not disclosed to anyone who are not affiliated with the firm. This method is considered a competitive advantage because it was developed in-house thanks to research and development efforts (Frankenfield, 2021). Based on the evidence presented in the court, Bob divulged the recipe for the cough syrup without first obtaining permission from the manufacturer, which led to the exposure of a significant commercial secret. If information had inherent economic value, then the United States government classifies it as a trade secret.
References
Aldulaimy, F. (2020). Exceeds the limits of the right to legal defense under international law. alrafidain of law, 22(70). ISSN: 1648-1819 (Print)
Ambos, K. (2018, December). International economic criminal law. In Criminal Law Forum (Vol. 29, No. 4, pp. 499-566). Springer Netherlands. https://doi.org/10.1007/s10609-018-9356-9
Foss, N. J., Klein, P. G., Lien, L. B., Zellweger, T., & Zenger, T. (2021). Ownership competence. Strategic Management Journal, 42(2), 302-328. https://doi.org/10.1002/smj.3222
Frankenfield, J. (2021). Trade Secret. Investopedia. Retrieved from: https://www.investopedia.com/terms/t/trade-secret.asp
Kim, S., & Yoon, B. (2021). Patent infringement analysis using a text mining technique based on SAO structure. Computers in Industry, 125, 103379. https://doi.org/10.1016/j.compind.2020.103379
Parness, J. A. (2018). Principles Guiding Civil Claim Settlements. Principles Guiding Civil Claim Settlements, Lexis Nexis. ISBN 978-1-6328-3-7189
Savelyev, A. (2018). Copyright in the blockchain era: Promises and challenges. Computer law & security review, 34(3), 550-561. https://doi.org/10.1016/j.clsr.2017.11.008
United State Courts. (2010). Types of Bankruptcy [Video]. YouTube. https://www.youtube.com/watch?v=DXv-na6y8nE
BUS 307 Final Project Guidelines and Rubric
Overview Business law plays an integral part in both our personal and professional lives. A solid grasp of essential business law concepts is critical for the successful navigation of complex and diverse business environments. You will assess relevant legal issues as well as apply the discipline-specific knowledge necessary to successfully address real-world business situations such as business formation and management, liability issues, and compliance with government and industry regulations, as well as to effectively communicate issues and facts to peers and professionals.
The final project represents an authentic competency, as you will have the opportunity to present your analysis of the legal and ethical issues involved in three hypothetical business scenarios as well as to evaluate and make recommendations to avoid such issues in the future.
This assessment addresses the following course outcomes:
• Apply the law regarding business relationships, such as agency law, partnership, and corporate law as strategies for appropriate and effective business
management • Analyze issues of real and personal property as they pertain to business formation and management • Determine the legal rights and duties of the parties to commercial paper for their impact on fundamental business operations • Analyze the rights and duties of the parties in credit transactions, including secured transactions and bankruptcy law, as they apply to fundamental
business operations • Evaluate the impact of government regulation on business practices for strategic and compliance purposes
Prompt The final project for this course consists of two milestones and the final project submission. Milestones One and Two take the form of short answers crafted in memo format from the perspective of a corporate attorney making recommendations to a client. For Case Studies 1 and 2, craft a professional memo for each, appropriate in format, tone, and content, to send to your clients Fred and Sally, with your preliminary thoughts on the issues within. Your memos should illustrate the issues and relevant law, apply the facts, and support your conclusions with regard to each issue. Always remember to be clear, kind, and professional in your communications. The third element, Case Study 3, will be a short, 2–3-page essay in APA format that will require you to independently issue-spot as well as provide a factual analysis of relevant law and recommendations. You will receive feedback on both milestones and the initial element of Case Study 3. Make any necessary revisions and then include them all in the final submission, where you will label them as Case Study 1, 2, and 3.
Case Study 1 Fred is well known in his town for his homeopathic cough syrup. After years of encouragement, he has decided to take his miracle cough remedy to market as “Fred’s Miracle Cough Syrup.” While his cough syrup is homeopathic, one of the key ingredients causes a severe reaction when taken in conjunction with aspirin. Fred plans to make and bottle his cough syrup in an outbuilding on the family farm. His son, Sam, has been raving to the locals about his father’s cough syrup for years, and the local drug store and grocer have contacted Fred to place orders as a result. Sam also intends to approach several national chains in an effort to secure supply contracts for Fred’s cough syrup. Fred has asked Sam to assist him with deliveries, as Sam has a van. Fred would like Sam to be involved with the
business as an employee initially, with the option of making him a partial owner at a later time. Fred and his wife Sally have two children, Sam and Lilly. Both live in cabins on the family farm with their spouses and children. Fred and Sally engage you as their attorney to assist with the formation of the new business, including determining the appropriate business entity type, management issues, product liability issues, and estate planning for both the business and family property. After your initial meeting, you identify and research the following issues.
Specifically, the following critical elements must be addressed:
I. Describe the main types of business entities and their defining characteristics. II. Apply product liability law and determine what issues are present. How would you advise your client to mitigate those issues? III. Apply the elements and characteristics of an agency relationship to Sam’s actions. Does Sam’s involvement prior to the business formation, as well as his
anticipated role once the business is formed, create an agency relationship? Why or why not? IV. Identify potential real property issues based on the location of the business on the family farm. Justify each potential issue. V. Does the manufacture of Fred's Miracle Cough Syrup on the family farm necessitate a formal transfer of ownership or possessory rights? Defend your response. VI. Identify potential personal property issues based on the use of Sam’s personal vehicle to deliver the product. Justify each potential issue. VII. Does the use of Sam's personal vehicle in the course of business expose Sam or the business to any liability issues? Defend your response. VIII. Identify potential estate planning issues with regard to the business and the family farm. Justify each potential issue. IX. What estate planning vehicles are available to Fred and Sally should they desire to transfer ownership in the business and family farm, respectively, to Sam and
Lilly equally? What are the advantages and disadvantages to each? X. Applying your analysis of the issues above, which type of business entity do you recommend for Fred’s Miracle Cough Syrup and why?
Case Study 2 Fred’s Miracle Cough Syrup has hit the market and become a huge success with the burgeoning integrative medicine demographic. Per your advice, Fred has patented his famous concoction and trademarked the Fred’s Miracle Cough Syrup name and logo. Demand is so high that Fred and Sally are working full-time on the business. Their children, Sam and Lilly, and their respective spouses, Jane and Tim, have joined the company full-time as well. In fact, Fred and Sally have made Sam and Lilly part owners of the business. Fred, Sam, and Tim handle the production, sales, and delivery. Sally and Lilly handle the majority of the administrative and business management tasks, while Jane acts as the bookkeeper. Sally and Fred are the only authorized signatories on the corporate account.
Sally and Lilly have been hard at work securing a new production facility and distribution chain to accommodate an upcoming contract with a national chain. After locating a large warehouse on several acres, Sally and Lilly approach their local credit union for a loan. The business has only one business credit card used to purchase supplies for the production of Fred’s Miracle Cough Syrup, and there is a small mortgage outstanding on the family farm. Personal debts of the individual family members consist of small credit-card balances for Fred, Sally, Sam, and Lilly as well as an auto loan on Sam’s van.
During the commercial loan accounting review process, Sally and Lilly discover that Jane has been siphoning off large amounts of corporate money and “cooking the books” to hide her actions. Jane has written several checks from the corporate account and forged both Sally’s and Fred’s signatures. Jane has made out all but one of the forged checks to Don, a local loan shark, in an effort to repay her gambling debts. The check Jane did not deliver to Don was made out to “Cash,” which she slipped into the collection box at church in an effort to absolve her guilt. The embezzlement was so severe that the family fears that Fred’s Miracle Cough Syrup is now on the brink of bankruptcy. Meanwhile, Sam’s refusal to enter into an exclusive distribution deal with the local drugstore has enraged Bob, the owner. Bob has now reverse engineered Fred’s cough syrup recipe and has posted it online in an act of vengeance.
As Fred and Sally tearfully recount the events of the past month, you reassure them that you are on the case, and you begin to ponder the legal issues at hand.
Specifically, the following critical elements must be addressed:
I. What legal defenses might Fred and Sally raise with regard to the checks written by Jane to Don? Why do you believe they will be successful or unsuccessful? II. What legal defenses might Fred and Sally raise with regard to the check written by Jane and delivered to the church? Why do you believe they will be
successful or unsuccessful? III. What, if any, civil claims do Fred and Sally have against Jane based on her actions? Why do you believe they will be successful or unsuccessful? IV. Analyze the forms of bankruptcy available to the business in this instance (assume the business entity is the same form as you chose in Case Study 1).
What form is most appropriate and why? V. Analyze the implications of a potential bankruptcy action on the business assets (assume the business entity is the same form as you chose in Case Study
1). Explain which, if any, are subject to forced sales, liens, or forfeiture. VI. Analyze the implications, if any, of a potential bankruptcy action by the business on the assets of the individual family members (assume the business entity is
the same form as you chose in Case Study 1). Explain if the assets of business owners are subject to forced sale, liens, or forfeiture. VII. What legal recourse does Fred have against Bob for infringement of intellectual property rights? Do you believe he will be successful? Why or why not?
Case Study 3 Both Fred’s family and the business have rebounded from their prior issues. Jane sought counseling for her gambling issues and has worked hard to mend her relationships with the family. Prior to cashing the forged checks from Jane, Don was struck by lightning and experienced a spiritual enlightenment. He willingly returned the checks to Fred and Sally and promptly joined the Peace Corps. Likewise, when the church found out the donated check was a forgery, it was immediately returned. Bob’s wife (also Sally’s best friend) found out about Bob’s online sabotage and promptly remedied the situation. Once Fred’s Miracle Cough Syrup was back on track, the company’s growth was exponential. Featured on a widely viewed talk show starring a prominent doctor, online orders and demands from big-box chains nationwide skyrocketed. Fred and Sally have been told that now would be an ideal time to take Fred’s Miracle Cough Syrup public. The only distressing issue at hand involves Tammy, a local girl who had been working as a delivery girl for the company. She applied for Jane’s former job as bookkeeper. Fred and Sally hired Ted, an experienced accountant, instead, and Tammy has filed a claim of sex discrimination against the company and Fred personally. Fred and Sally are seeking your advice regarding Tammy and the possibility of taking the company public.
Complete a legal analysis of the given facts, including the following elements.
Specifically, the following critical elements must be addressed:
I. Evaluate three current or potential legal and/or regulatory issues apparent in this fact pattern that might impact a public offering. II. Determine whether Fred's Miracle Cough Syrup is in compliance with government regulations involving public offerings by analyzing relevant laws and using
the appropriate legal test and facts given. III. Support your conclusions and provide recommendations to improve compliance and strategies for corporate growth.
Milestones
Milestone One: Case Study 1 In Module Three, you will read Case Study 1 of the final project and respond in “memo” format to the client, addressing the listed critical elements. This milestone is graded with the Case Study 1 Rubric.
Milestone Two: Case Study 2 In Module Five, you will view the video resource on bankruptcy basics. Then, you will read Case Study 2 of the final project and respond to the client in “memo” format, addressing the listed critical elements. This milestone is graded with the Case Study 2 Rubric.
Final Submission: Case Studies 1, 2, and 3 In Module Seven, you will read the module resources and then respond to the remaining Case Study 3 critical elements, incorporating your feedback from the Module Six discussion topic. Submit the case study in a 4-7 page essay. Include rewrites of Milestones One and Two, and submit all three case studies as a final submission. This submission is graded with the Final Project Rubric.
Final Project Rubric Guidelines for Submission: Your three “memos” should be 4-7 pages each, double-spaced, with 12-point Times New Roman font, and follow APA 7th edition
format for layout and citations.
Critical Elements Exemplary (100%) Proficient (85%) Needs Improvement (55%) Not Evident (0%) Value Case Study 1: Business
Entities
Meets “Proficient” criteria and offers insight into the nuances of each type of business entity in relation to one another
Describes the main types of business entities and their
defining characteristics
Describes the main types of business entities, but does not
describe their defining characteristics
Does not describe the main types of business entities or their characteristics
4.8
Case Study 1: Product
Liability
Meets “Proficient” criteria and cites specific, applicable rules of
law
Applies product liability law to determine issues and
recommends mitigating actions
Applies product liability law, but does not recommend mitigating actions
Does not apply product liability law to determine issues
4.8
Case Study 1: Agency
Relationsh ip
Meets “Proficient” criteria and
provides a thorough, step-by- step analysis with specific supporting evidence applied to each element of the relevant legal test
Applies elements and
characteristics of an agency relationship to actions to determine if an agency relationship was created and provides justification
Applies elements and
characteristics of an agency relationship to actions, but does not determine if an agency relationship was created, or justification is not logical
Does not apply elements and
characteristics of an agency relationship to actions to determine if an agency relationship was created
4.8
Case Study 1:
Real Property
Meets “Proficient” criteria and cites specific, applicable rules of law
Identifies potential real property issues based on the location of the business on the family farm and provides justification for each
Identifies potential real property issues based on the location of the business on the family farm, but does not provide justification for each
Does not identify potential real property issues
4.8
Case Study 1:
Manufacture
Meets “Proficient” criteria and offers insight into the nuances of real property issues as they pertain to business
Determines if the manufacturing necessitates a formal transfer of ownership or possessory rights and defends response
Determines if the manufacturing necessitates a formal transfer of ownership or possessory rights, but does not defend response
Does not determine if the
manufacturing necessitates a formal transfer of ownership or possessory rights
4.8
Case Study 1: Personal
Property
Meets “Proficient” criteria and
cites specific, applicable rules of law
Identifies potential personal
property issues based on the use of Sam’s personal vehicle to deliver the product and provides justification for each
Identifies potential personal
property issues based on the use of Sam’s personal vehicle to deliver the product, but does not provide justification for each
Does not identify potential
personal property issues
4.8
Case Study 1: Liability Issues
Meets “Proficient” criteria and offers insight into the nuances of personal property issues as they pertain to business
Determines if the use of a
personal vehicle exposes Sam or the business to any liability issues and defends response
Determines if the use of a
personal vehicle exposes Sam or the business to any liability issues, but does not defend response
Does not determine if liability
issues are present
4.8
Case Study 1: Estate Planning
Meets “Proficient” criteria and
cites specific, applicable rules of law
Identifies potential estate planning issues and provides justification for each
Identifies potential estate planning issues, but does not provide justification for each
Does not identify potential estate planning issues
4.8
Case Study 1:Transfer Ownership
Meets “Proficient” criteria and
offers insight into the importance of estate planning issues in business
Determines estate planning
vehicles available to transfer ownership equally and provides advantages and disadvantages of each
Determines estate planning
vehicles available to transfer ownership equally, but does not provide advantages and disadvantages of each
Does not determine estate
planning vehicle available
4.8
Case Study 1:
Business Entity
Meets “Proficient” criteria and
offers insight, based on research, as to why the chosen type of business entity would be an appropriate choice for Fred’s Miracle Cough Syrup
Applies legal and factual analysis to form a recommendation on an appropriate business entity and provides rationale
Applies legal and factual analysis to form a recommendation on an appropriate business entity, but does not provide rationale
Does not apply legal and factual
analysis to form a recommendation
4.8
Case Study 2: Legal Defenses
Meets “Proficient” criteria and is well supported using appropriate sources
Determines the legal defenses
with regard to the checks written by Jane to Don and explains why defenses would be successful or unsuccessful
Determines the legal defenses
with regard to the checks written by Jane to Don, but does not explain why defenses would be successful or unsuccessful
Does not determine the legal
defenses with regard to the checks written by Jane to Don
4.8
Case Study 2: Church
Meets “Proficient” criteria and is well supported with appropriate sources
Determines the legal defenses
with regard to the check written by Jane and delivered to the church and explains why defenses would be successful or unsuccessful
Determines the legal defenses
with regard to the check written by Jane and delivered to the church, but does not explain why defenses would be successful or unsuccessful
Does not determine the legal
defenses with regard to the check written by Jane and delivered to the church
4.8
Case Study 2: Civil Claims
Meets “Proficient” criteria and
provides specific supporting evidence applied to each element of the relevant legal test
Determines civil claims availableto Fred and Sally against Jane and evaluates potential for success of those claims
Determines civil claims available to Fred and Sally against Jane, but does not evaluate potential for success
Does not determine civil claims
available to Fred and Sally against Jane
4.8
Case Study 2:
Bankruptcy
Meets “Proficient” criteria and offers research to illustrate why the chosen types of bankruptcy would be available based on the chosen type of business entity
Analyzes available forms of
bankruptcy based on the chosen type of business entity and determines which form is most appropriate and why
Analyzes available forms of
bankruptcy based on the chosen type of business entity, but does not determine which form is most appropriate or why
Does not analyze available forms of bankruptcy based on the chosen type of business entity
4.8
Case Study 2: Business Assets
Meets “Proficient” criteria and offers a nuanced insight into the relationship between a bankruptcy action by a business and business assets
Analyzes implications of bankruptcy on business assets and explains which are subject to forced sales, liens, or forfeiture
Analyzes implications of bankruptcy on business assets, but does not explain which are subject to forced sales, liens, or forfeiture
Does not analyze the implications of bankruptcy on business assets
4.8
Case Study 2: Family Members
Meets “Proficient” criteria and
offers a nuanced insight into the relationship between a bankruptcy action by a business and personal assets
Analyzes implications of
bankruptcy on personal assets of individuals and explains if the assets are subject to forced sale, liens, or forfeiture
Analyzes implications of bankruptcy on personal assets of individuals, but does not explain if the assets are subject to forced sale, liens, or forfeiture
Does not analyze implications of bankruptcy on personal assets of individuals
4 . 8
Case Study 2:
Intellectual Property
Righ ts
Meets “Proficient” criteria and
cites specific, applicable rules of law
Determines the legal recourse
Fred has against Bob and explains why Fred will be successful or unsuccessful
Determines the legal recourse
Fred has against Bob, but does not explain why Fred will be successful or unsuccessful
Does not determine the legal
recourse Fred has against Bob
4.8
Case Study 3:
Regulatory Issues
Meets “Proficient” criteria, and
choices are suitable and well supported
Accurately evaluates three
current or potential legal and/or regulatory issues in the fact pattern that might impact a public offering
Evaluates three current or
potential legal and/or regulatory issues in the fact pattern that might impact a public offering, but evaluation lacks accuracy
Does not evaluate potential
issues in the fact pattern
4.8
Case Study 3: Legal Test
Meets “Proficient” criteria and
provides specific supporting evidence applied to each element of each relevant legal test
Accurately determines whether
Fred’s Miracle Cough syrup is in compliance by analyzing relevant laws and using the appropriate legal test and facts given
Determines whether Fred’s
Miracle Cough syrup is in compliance by analyzing relevant laws and using the appropriate legal test and facts given, but determination lacks accuracy
Does not determine whether
Fred’s Miracle Cough syrup is in compliance
4.8
Case Study 3: Recommendatio ns
Meets “Proficient” criteria and uses discipline-specific language to establish expertise
Supports conclusions of law and provides recommendations to improve compliance and strategies for corporate growth
Supports conclusions of law, but does not provide recommendations to improve compliance and strategies for corporate growth
Does not support conclusions of law or provide recommendations
4.8
Articulation of Response
Submission is free of errors
related to citations, grammar, spelling, syntax, and organization and is presented in a professional and easy-to-read format
Submission has no major errors
related to citations, grammar, spelling, syntax, or organization
Submission has major errors
related to citations, grammar, spelling, syntax, or organization that negatively impact readability and articulation of main ideas
Submission has critical errors
related to citations, grammar, spelling, syntax, or organization that prevent understanding of ideas
4
Earned Total 100%
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