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Purpose TO ASSESS YOUR ABILITY TO: Apply legal principles to fact patterns that emerge on a regular basis in the business world

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Purpose

TO ASSESS YOUR ABILITY TO:

Apply legal principles to fact patterns that emerge on a regular basis in the business world.

Recognize, analyze, and discuss various legal problems presented in specific situations.

• Develop critical thinking and case analysis skills.
• file 1: Chapter 2 (4, 5, and 7) in Dynamic Business Law
• file 2 : Chapter 2 (8-10) in Dynamic Business Law

For each assigned case, analyze the following criteria:

(1) Identify the parties involved in the case dispute (who is the plaintiff (the party who started the lawsuit claiming they were wronged) and who is the defendant (the party alleged to have committed the wrongdoing and getting sued).

(2) Identify the facts associated with the case/the fact patterns that led up to the dispute.

• (3) Explain the legal issue(s) in question (in other words, explain what the parties are fighting about that the court needs to resolve).

(4) Explain which party won the case and the objective basis for why.  In other words, explain the rule of law the court relied on in deciding which party won. 

Chapter 02 Business Ethics McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 2 Case Hypothetical and Ethical Dilemma As hiring coordinator for Hennessey Networking Solutions, Inc. (Hennessey), Andrea Templeton knew that her position was of utmost importance to her company in terms of hiring candidates who were well-qualified, and who would best contribute to the company’s overall success. On her desk was the employment application and resume of Timothy Carraway. Andrea had just finished her interview of Timothy, who was the last in a long line of interviewees who had applied for an entry-level information technology (IT) position at Hennessey. Hennessey only had one (1) opening available. During Timothy’s interview, the candidate revealed that seven (7) years ago, he had been tried and convicted in federal court for selling a significant amount of cocaine. Timothy had also revealed the conviction on his employment application. Timothy went to great lengths to explain to Andrea that he sincerely regretted the indiscretions of his youth, and that he had spent the last seven (7) years of his life “paying penance,” and reforming his life. After serving three (3) years in federal penitentiary, Timothy had earned his bachelor’s degree in Information Technology, graduating with honors. Timothy’s interview had gone very well. In fact, Andrea felt that in terms of his personality and education, he was the best “fit” for the position. Andrea was obviously concerned about Timothy’s criminal background, but she was also concerned about the young man should he not find an employment opportunity after graduating from college. Without a legitimate employment option, would Timothy revert back to his “criminal ways? Does Andrea Templeton and Hennessey Networking Solutions, Inc. have an ethical obligation to hire Timothy Carraway? Should Andrea’s “hire” decision be based exclusively on Timothy’s qualifications for the job? Why or why not? 2-2 • Chapter 2 Ethical Concepts What is the best source for ethical business practices: The individual employee, or the business organization itself? To what extent should individual employees be allowed to lend input in the creation of a code of ethics for a business organization? In the event that an individual employee’s ethical standards differ from his/her employer’s code of ethics, what can/should be done to resolve those differences? 2-3 Business Ethics and Social Responsibility ? ? ? ? Ethics: The study and practice of decisions about what is good or right Business Ethics: The application of ethics to the problems and opportunities experienced by businesspeople Ethical Dilemma: A problem about what a firm should do for which no clear, right decision is available Social Responsibility of Business: Expectations that the community imposes on firms doing business inside its borders 2-4 The “WPH” Process of Ethical Decision Making: W—WHO (Stakeholders) ? ? ? ? ? ? Consumers Owners or Investors Management Employees Community Future Generations 2-5 The “WPH” Process of Ethical Decision Making: P—PURPOSE (Values) ? ? ? ? Freedom Security Justice Efficiency 2-6 Primary Values and Business Ethics: Freedom ? ? ? To act without restriction from rules imposed by others To possess the capacity or resources to act as one wishes To escape the cares and demands of this world entirely 2-7 Primary Values and Business Ethics: Security ? ? ? To possess a large enough supply of goods and services to meet basic needs To be safe from those wishing to interfere with your property rights To achieve the psychological condition of selfconfidence to such an extent that risks are welcome 2-8 Primary Values and Business Ethics: Justice ? ? ? ? To receive the products of your labor To treat all humans identically, regardless of race, class, gender, age, and sexual preferences To provide resources in proportion to need To possess anything that someone else is willing to grant you 2-9 Primary Values and Business Ethics: Efficiency ? ? ? To maximize the amount of wealth in society To get the most from a particular output To minimize costs 2-10 The “WPH” Process of Ethical Decision Making: H—HOW (Guidelines) ? (1) Public Disclosure ? Using the “Public Disclosure Test” someone making a business decision asks themselves “How would the public react to the decision I am about to make?” or “What decision would I make if the public had full knowledge of what I was about to do?” 2-11 The “WPH” Process of Ethical Decision Making: H—HOW (Guidelines) ? (2) Universalization ? ? This ethical guideline requires business decision makers to consider what the world would be like if their decision were copied by everyone else: “If everyone followed my example, would the world be a better place?” (3) Golden Rule ? This ethical guideline dictates: “Do to others as you would have others do to you.” 2-12 Theories of Business Ethics Ethical Relativism – denies objective moral standards. Individuals should evaluate actions based on what is best for themselves. ? Absolutism (or ethical fundamentalism) – whether action is moral depends on a set of ethical rules, such as religious doctrines. ? ? Example: ? “Thou shall not kill” Consequentialism – inquire about the consequences (impacts) on relevant people in making a decision. 2-13 Theories of Business Ethics ? Deontology – certain acts are simply right or wrong. Must only do “right.” But how do we determine what is right? ? ? ? ? Categorical imperative? An action is moral only if it would be good for everyone in society to act the same way. Principle of rights? “Pursuit of life, liberty, & happiness.” Virtue Ethics – an ethical system rooted in positive character traits such as courage, justice, and truthfulness. Virtues are distinguished from vices. Ethics of Care – the right course of action is most consistent with the building and maintaining of human relationships. We have an ethical and moral duty to care for others. 2-14