Four Competencies in United States Business Law Essay

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Various skills and strategies implemented in scientific investigations are an essential subject for subsequent reminiscence. The knowledge gathered throughout this course will be of exceptional use for my future practices, allowing me to present a coherent and comprehensive understanding of numerous legal complications. My expertise in the subjects concerning the US legal system, business lawsuits, contract formation, and policy enactment will significantly benefit my succeeding academic advances. In the four case studies concluded during the course, I have presented a clear and thorough understanding of the topics relevant to each of the explorations. This paper examines the four competencies manifested in four corresponding case studies, interpreting the concepts implemented and describing the future implementations of the insights gained.

Competency 1 – Understands the Fundamentals of Law and How the US Legal System Promotes the Expansion of Commerce while Protecting the Rights of Citizens and Business Entities

The analysis of the US legal system and its methods of maintaining the growth of commercial relationships was conducted in the first paper. In order to ascertain the leading characteristics of the US jurisdiction, a detailed investigation into the history of this institution was performed. The fundamental traits of US law, such as Christian faith and administrative regulations, were explained according to academic sources. The promotion of commerce was discussed in the context of support of the Commerce Clause, which advances the balance between citizens’ rights and business establishments (Knoll & Mason, 2017). The concepts of fair business practices, transparency, and accountability were utilized for further clarification of the strategies used.

The legal and ethical consequences of this lawsuit encompass the corporations’ necessity to adhere to the strategies described to maintain their businesses’ profitability. According to this legislation, individual rights and privileges will be protected through jurisdictional support, and illegal surveillance will be deemed impossible (The Holy Bible, English Standard Version, 2016, Romans 13:1). While working on this case, I realized that the legal environment of business is highly controlled by the laws of commerce and considerations for the citizens’ well-being.

Competency 2 – Examines Business Cases to Determine How Certain Actions Can Interfere with the Interests of Individuals and Businesses

A proper understanding of impediments to the interests of people and corporations caused by particular endeavors was exhibited in the second paper. The study of the civil case between Oracle and Google served as a demonstration of knowledge regarding US corporate law and the legal doctrine of fair use (Oman, 2018). The needs of the public were incorporated through the understanding of the damages caused to the Android market, while the concerns of technological companies were evaluated through the ideas of commercial license and copyright infringement. The moral consequences of this case might impact the ethical decisions of large-scale organizations, which will be forced to comply with the copyright requirements (The Holy Bible, English Standard Version, 2016, 1 Corinthians 15:33). For the general public, such repercussions can be of incredible benefit.

Competency 3 – Understands the Various Issues Involved in Contract Formation, Remedies for Breach, and Defenses to Breach of Contract

The third proficiency was manifested in the examination of the case between Leonard and PepsiCo, which involved an enforceable contract and circumstances for its breach. The complications of contract formation were explored according to the creation of an offer through general advertising, and the possibilities for breach of contract were explained through lack of precise explanations within the advertisement (Morales, 2000). As the campaign evaded the use of definite conditions, it became clear that no breach of contract was evident, which allowed PepsiCo to construct a viable defense against offer violation. Given the outcomes of the lawsuit, it is possible that future advertisements that are not intended to be viable offers will be easier to manage from a legal perspective.

Competency 4 – Understands the Various Laws Regulating Business and How to Enact Policies That Comply with the Law

Extensive knowledge regarding business regulation and procedures endorsement was offered in the last paper concerned with case studies. The ImClone stock trading lawsuit was analyzed according to the relevant legal guidelines for a company’s conduct, namely illegal insider trading and subsequent outcomes for the offender (Madar, 2018). As for the subsequent repercussions of this lawsuit, it is probable that instances of illegal trading will be viewed more negatively by the public (The Holy Bible, English Standard Version, 2016, 1 Corinthians 1:10). Finally, the enactment of necessary policies was addressed through the perpetrator’s criminal prosecution, who was found guilty in accordance with the privacy liability act and creation of profit through conspiracy.

References

Knoll, M. S., & Mason, R. (2017). The economic foundation of the dormant commerce clause. Virginia Law Review, 103, 309-358.

Madar, S. A. (2018). An empirical study of abnormal stock returns of illegal insider trading: SEC enforcement actions for the years 2000 to 2009 (Publication No. 13808070) [Doctoral Dissertation, Lubin School of Business]. ProQuest Dissertations Publishing.

Morales, A. C. (2000). Pepsi’s Harrier Jet commercial was not a binding offer to contract. Journal of the Academy of Marketing Science, 28(2), 318-320.

Oman, R. (2018). Computer software as copyrightable subject matter: Oracle v. Google, legislative intent, and the scope of rights in digital works. Harvard Journal of Law & Technology, 31, 639-651.

The Holy Bible, English Standard Version. (2016). Crossway.

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