Instructions: For each activity, please try and answer every question in each paragraph. Each Activity, 1.1, 1.2, & 1.3 should each be 350 words each. Please separate them by activity. These are discussions, not an APA style paper. Main source should be from Cross, F.B. & Miller, R.L. (2021). The legal environment of business (11th ed.). Mason, OH: South Western, Cengage Learning.
Activity 1.1: Introduction to Legal Issues
Paragraph One: describe which of the four schools of jurisprudential thought is most prominent in 21st century America. Give reasons to defend your choice. What do you see as its strengths and weaknesses? Pick one of the four, and for argument’s sake, pretend it would be completely ignored by both government and the governed for a generation. What impact would that have?
Paragraph Two: Discuss this premise:
Should judges ever have the power to look beyond the written “letter of the law” in making their decisions? Why or why not? (Discuss points in 1-6. A QUESTION OF ETHICS: The Common Law Tradition in Cross, 2021, p. 25)
Paragraph Three: discuss the process and importance of interpreting the law based on a case law approach. What do you believe to be the strengths and weaknesses of such an interpretive philosophy? What does this case law approach mean for you as a human recourse leader and manager?
Activity 1.2: The Justice System and Jurisdiction
Paragraph One: What is the justice system? Describe why the system of justice is important in the grand scheme of government and within the narrower search for justice for American citizens. Is justice important in civil matters or just in criminal matters?
Paragraph Two: discuss questions of jurisdiction in light of case 4.1: Mala v. Crown Bay marina, Inc. (p. 68). What are the principles behind jurisdiction and boundaries? Why is this important?
Paragraph Three: respond to EITHER A. or B. below:
A. Clients and attorneys often engage in court or jurisdictional “shopping” (selecting the system which is more likely to bring about their desired result). Discuss whether this kind of activity is fair to the other party.
B. Does the thoroughness of “discovery” have an impact on the cost of a legal action, and if so how?
Activity 1.3: How the System Works
Paragraph One: use a case study from the text to discuss pretrial and trial processes.
Why is it important for a leader and manager to know and understand these steps? Why, if at all, are mediation and arbitration an important part of the modern legal process?
Paragraph Two: reference one of the ethical behaviors or considerations related to the legal and justice system. Use a secondary source to provide background and clarity on that topic. What are three points that leaders and managers need to follow in order to remain ethical in their personal and professional functions vis a vis this issue?
Paragraph Three: discuss this issue:
What role does freedom of speech play, if any, in the workplace with regard to First Amendment rights? What restrictions may managers place on employees that may impinge on these rights and why? Does it make a difference whether the workplace is a government or a private workplace?
