Honors Students: Complete this assignment according to the directions provided in the “Honors Addendum,” located in Course Materials.

The purpose of this assignment is to explain how the principles of law and dispute resolution can be applied to real-world situations.

Using the topic materials and what you have learned about the law, including constitutional, statutory, administrative, and common law and dispute resolution, address each of the textbook case questions below in a 250-word response. In your discussion of each case question, cite supporting evidence from the topic materials to justify your responses.

Chapter 1 Case Question 4
Chapter 4 Case Question 2
Chapter 5 Case Question 1 or Case Question 4
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ANSWER

Case Questions Analysis

Chapter 1 Case Question 4

In Lance’s case, both criminal and civil offenses are committed. In the civil case, civil law regulates parties’ rights and duties, while in a criminal case, criminal law regulates behavioral concerns that threaten law and order (Beatty, Samuelson, & Abril, 2017, p. 6). Therefore, as a civil case, the individuals whose credit card numbers were stolen and re-sold in the black market are responsible for bringing the civil case against Lance. These credit card number holders can file a civil suit against Lance in the law court for identity theft. If the defendant is found guilty, the jury can decide to fine Lance to pay monetary awards for damages caused to the injured parties (Credit card owners). On the other hand, the state is responsible for the criminal case. The District Attorney in which Lance resides can file a criminal lawsuit against Lance for committing the crime of identity theft. If found guilty, Lance will be sentenced to prison, fined to pay for the state’s damages or both.

Chapter 4 Case Question 2

According to the First Amendment, one of the protected rights, the state should not make laws related to the establishment of religion; all people have the right to freely practice their religion, right to speech and press freedom, and people can freely assemble and petition against the government for grievances redress peacefully without governmental interference or fear of punishment (Beatty, Samuelson, & Abril, 2017, p. 63). When establishing whether a Facebook like is protected by the First Amendment, we look at similar cases. For instance, the Bland v. Roberts case Fourth Circuit, the district court ruling was that social media engagements such as Facebook likes were insufficient to merit constitutional protection as it was not actual speech (Bland v. Roberts, 2013). The court ruled in favor of the employer; however, upon appeal, this ruling and argument were rejected, showing that the First Amendment protects that Liking of a Facebook page shows speech expression. In that case, Carter has a chance as a Facebook like is protected under the First Amendment.

Chapter 5 Case Question 4

Dispute resolution can be attained through the implementation of diverse methods, as civil cases can be resolved with and without using formal lawsuits including methods such as mediation, arbitration or litigation (Beatty, Samuelson, & Abril, 2017, p. 94). Annie and Bart are coworkers meaning they have worked together professionally and have a personal relationship built strongly due to sharing a cubicle wall. Their conflict must be resolved amicably and thoroughly quickly as they will have to speak and see each other more often in the future regardless of their conflict and differences. More importantly, working in a hostile environment will affect their productivity and that of their colleagues. Due to the nature of their relationship, both traditional lawsuits and arbitration are not advisable. This is because it will escalate to include the company, which provides a vulnerable opportunity to create further dispute and probably soil its reputation. Arbitration involves introducing a third-party to enforce an agreed binding decision, which, even though it could be considered, does not feel necessary, as the conflict will escalate. Therefore, the most advisable and recommended dispute resolution method would be mediation. This is because it captures that nature of their relationship: friends and ensures the dispute is solved amicably without soiling the company’s reputation or damaging their friendship. Mediation being an alternative dispute resolution (ADR), probably offers the most substantial win-win situation and potential (Beatty, Samuelson, & Abril, 2017, p. 94). Their relationship, rising beyond their pride and differences and settling the despite in a peaceful and non-accusatory manner shows a need to put aside personal differences and work seriously.

References

Beatty, J. F., Samuelson, S. S., & Abril, P. S. (2017). Introduction to business law. New York: Cengage.

Bland v. Roberts, No. 12-1671 (UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT September 23, 2013).