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Assignment #5 100 points ________________________.docx
- 1. Assignment #5 100 points _______________________________________________ A Comprehensive Position on Psychoactive Substances _______________________________________________ Preparation: By this point in the course, you have been exposed to a variety of different sources of information that attempt to contextualize psychoactive substance use in the United States. You also have written a number of short essays that focus on different substances and facets of use. Today’s assignment focuses on your ability to articulate a cohesive “summary” of your attitudes, beliefs, and understanding based on these experiences. Your Assignment: You have been hired by a non-partisan “think tank” to draft a position statement on psychoactive substances in the
- 2. United States. This statement will be distributed to congress, members of the media, judicial agencies, public health agencies, and other interested parties. The purpose of the statement is to encourage a paradigm shift – to suggest a new way of thinking about psychoactive substances, or, if you wish, to reinforce current ways of thinking. Content for this statement should include (examples are provided on the reverse of this sheet): - What is the psychoactive substance that is most important to address in the United States? Choose one. - What current strategies address use of that substance? - What new strategies do you suggest to address that substance, if any? What You Need to Submit:
- 3. This assignment should be a minimum of 1,250 words. Grading: Thorough examination of the issue 80 points - Part One (Selection of Most Important) (20) - Part Two (Current Strategies) (30) - Part Three (New Strategies) (30) Grammar/Spelling/Length 20 points Brief Sample Assignment: Most Important Substance: Here, I’m looking for you to select a single substance (i.e., cigarettes, alcohol, marijuana, etc…) that you think is important to address. Then, explain why it is the most important substance. A shortened example might be: “Marijuana is the most important substance to address in the United States because it’s
- 4. the most contentious in terms of law. In other words, it is the area of the most conflict between state and federal governments.” - Then, tell me how you came to this conclusion (i.e., the standard that you used to determine this). - Provide examples Current Strategies: Identify one or two current strategies (such as MLDA 21, drug scheduling, warning labeling on cigarette packages, etc…) that have addressed the use of that substance. Then, tie them in to the issue you identified in the first part of the assignment. For example, “Marijuana remains illegal at the federal level with no accepted medical uses. This is because the FDA has stated that it will never approve a smoked substance as a medical product. However, this quickly is becoming a law without teeth, as the federal government has not yet sued
- 5. Colorado and Washington to force a change in their state laws…” - It is acceptable to suggest that no current strategy has been effective. - Tie these strategies directly to the substance that you identified. How does your strategy help/hurt levels of use of that substance? o If you claim that no strategy has been effective, explain why use of that substance cannot be prevented using current strategies. New Strategies: Having read your assignments over the past several weeks, each of you has the knowledge base and capacity to suggest intelligent new strategies. Be innovative! Introduce a new idea. For example: “State governments should consider requiring that all current non-violent drug offenders complete their entire jail terms on probation
- 6. while working on supervised skill-appropriate jobs, the income from which would be garnished and pooled to form a cost-offset fund to mitigate harm associated with substance-related criminal activity.” - Provide one reason why people in the United States might support this strategy (i.e., it appears to respect individual rights) and one reason others might oppose this strategy (i.e., it might not be cost-effective). Running head: CASE STUDY TWO 1 CASE STUDY TWO 2 Case Study Two Michelangelo Orsini BUS 206 Business Law
- 7. Sam came home one day and found two letters from different people. One of the letters was from chain store Sam verbally agreed to deliver 1000 units, and the firm was demanding the delivery of the units immediately. The second was an eviction notice from his landlord Quinn and required Sam to evict the building in the next 30 days. To determine the validity of both eviction notice and verbal agreement the term contract is going to be defined. The term contract means a promise or formal binding that has specified law to prevent cases of the breach and offers the remedy of the law in a manner that recognizes duty (Kubasek et al., 2018). Four elements make the contract valid, and they include an agreement, a consideration, a contractual object, and a legal object. Analyze the elements of this case to determine whether a valid contract between Sam and the chain store. Support your response by identifying the elements of a valid contract? The first element in a contract is an agreement which is deemed relevant is it has specific terms, has intent and communication. The second is consideration and consist of unilateral or bilateral promise (Kubasek et al., 2018). The third is the contractual object and comprises the ability to comprehend all the ramifications of a contract to make it legal and binding to both parties (Legal,n.d). The last is a legal object and specifies all the things agreed in the contract which are known as subject or object. They ought to be lawful and definite, and a court of law cannot enforce a contract to conduct an illegal act (Steinberger, 2007). Hence, all the above-described elements are used to determine if the contract is valid or not. The contract between Sam and the chain store is invalid. The chain store is considered
- 8. as minor during the time Sam agreed to the contract. Minors only enter into a voidable contract and have the right to disaffirm. Also, the agreement is made by force or duress and does not have mutual promise and can be altered at any time. Assume there is not a valid contract between Sam and the chain store. Analyze the elements of a quasi-contract and promissory estoppel to determine whether the chain store would prevail on a claim of either. Why or why not? Include support for your analysis. Even if there is not a valid legal contract between Sam and the chain, there may still be a quasi-contract or elements of what is called promissory estoppel. The term quasi-contract is one that is imposed by the court to prevent any incidences of enrichment. It is not an actual contract but can be enforced if Sam knew the chain store was expecting him to deliver the 1,000 units and sell them exclusively as verbally agreed upon several months prior. Or Sam could be held accountable through promissory estoppel. Promissory estoppel is a contract which is made through a promise, even though Sam may not have believed he made a promise to the chain store manager. The court may force promissory estoppel and make Sam deliver as promised. Identify the rights and obligations of both the landlord and tenant under a standard residential lease agreement. The rights and responsibilities of both the landlord and tenant depend upon the termination of their contract. Such a contract may be verbal or in writing under a standard residential lease agreement. Both tenant and landlord rights and obligation are based on the contract agreed by both. They both have certain rights and responsibilities while coming up with the lease agreement. The landlord has certain rights and makes it clear to tenants where they are supposed to obey. In this respect, the landlord and tenant agreement they are various facts that support Sam violated the contract, and it was justified to evict the property. One of the facts is whether Sam signed a contract and the terms were expressed clearly in writing prohibiting any business being conducted on the premises he violated the agreement. Sam may
- 9. not have breached the contract with the landlord since he told Quinn his plan to work on an invention and he was wished luck. Hence, Quinn acknowledges Sam is going to conduct business in his premises. Based upon those rights and obligations, does Sam’s landlord have grounds to evict? Why or why not? Quinn, the landlord, has the right to evict Sam since he has failed in his part to perform the obligation of the lease. The lease obligation was tenants’ quiet enjoyment of the premises. The machine Sam invented played the sound of a dog barking to scare intruder the machine is noisy and disruptive to other tenants. Hence, they fail to enjoy quiet agreement for other tenants who had a similar agreement as Sam. Further, what defenses might Sam raise to an eviction action? Support your response? As identified above Sam told Quinn who was the landlord he was working on an invention the machine where the landlord acknowledged the fact and wished him good luck. Since Quinn gave Sam the freedom to run business in his premises the contract can be considered as “in pari delicto” meaning all the parties that is the landlord and tenant are equally responsible for illegal agreement. The court should not salvage the contract in favor of either party. Hence, neither party can enforce agreement nor should attempt to recover (Kubasek et al., 2018). Also, there is an error by one party related to the material fact which is vital in the context of the contract. Due to such error courts are hesitant to interfere especially when one party understands the material fact of the other party. References Kubasek, N., Browne, M., Dhooge, L., Herron, D., & Barkacs, L. (2018). Business Law – Dynamic Business Law. McGraw hill Education. 4th Ed. Legal. (n.d.). Contractual Capacity. Legal Dictionary. Retrieved from https://legaldictionary.net/contractual-capacity/
- 10. Steinberger, J. (2007). Is This Contract Valid? Entrepreneur. Retrieved from https://www.entrepreneur.com/article/175238 Running head: CASE STUDY ONE 1 CASE STUDY ONE 2 Case Study One Michelangelo Orsini BUS 206 Business Law Case Study One Jurisdiction refers to the legal power to make legal decisions and judgments. Business practices are characterized by various
- 11. laws that govern operations and beneficial in enhancing the safety of individuals using the products. In the Margolin’s lawsuit against Funny Face and Novelty Nov, the jurisdictions that would be appropriate are the personal and subject matter jurisdiction. Personal jurisdiction refers to the power possessed by the court to decide for a party getting sued in a case. The constitution of various nations, for instance, the United States requires that before a court can exercise power over a given party, they must have certain minimum contacts with the forum presided over by the court. In the case, personal jurisdiction would be appropriate because they would be no challenges asserting this jurisdiction in a local court over a defendant that also lives or practice business in their country. The federal and state courts often have jurisdiction over the residents in a nation. Subject matter jurisdiction provides the court with the power to preside over certain forms of cases. It is also used to determine the type of court system that may handle a particular case. Based on Margolin’s lawsuit, the state court would be vital because, in the contract between the parties, disputes are brought within the state of Florida. If all the parties agree to pursue alternative dispute resolution (ADR), the two important ADR types they may employ in the case are mediation and negotiation. The parties will be involved in the mediation and negotiation with the Internet-based organization (Menkel-Meadow, 2015). However, by using these methods, there are certain advantages and disadvantages that can be realized. For instance, the parties will enjoy advantages such as fast and informal resolution to the disputes, enhanced confidentiality and also it would be characterized by enhanced communication between the parties and this is important in improving the relationship between individuals, especially during negotiation. Also, the methods allow for flexibility in the mediation process where the solutions to the disputes can be directed or made based on the needs and other concerns in the question of the parties and also can be used to address legal and non-legal issues. On the other hand, the disadvantages that
- 12. characterize the methods can be used as delaying strategies, and the parties can withdraw from the negotiation or mediation before the solution is established. Also, the processes may not result in legal precedents. Based on the information about ADR, the most appropriate type for Funny Face would be a negotiation. The party should directly get involved in the negotiation with Margolin on the terms since this will aid in keeping the incident out of the media and provide Funny Face with the chance to correct their practice of adding PYR in their product that had not been approved by the FDA. Based on the concepts of criminal law, corporations or corporate officers can be held liable to the criminal acts. The individuals are considered responsible persons and they form the highest authorities that take part in the approval of strategies and the final products that the businesses deal in, and thus should be made available to answer all the accusations and the consequences of the decisions they have made. Depended on the classification of crimes in the text, the Funny Face has committed a crime by defying and undermining the FDA by using the ingredients in their products that are not approved. They used PYR in the making of their products without first seeking approval from the FDA, and the ingredient ends up causing harm to the individuals, and this is unacceptable. Assuming the utilization of the emulsifier PYR at the direction of Chris and based on the criminal law, execution of the crime, for instance, the use of the ingredients that have not been approved by FDA is a punishable act. Chris was responsible for providing the direction to the Novelty Now to use the PYR in place of the compound in Novelty Now’s initial formula to increase the profit. The WPH process of ethical decision making can be used in the evaluation of various ethical issues in the case. For instance, · P-Purpose –the aim of enhancing profits at the expense of the individual health
- 13. · H-How- the wrong use of the guidelines, that is, using the PYI in the products that are not FDA approved and causing harm on the customers. Also, there is the element of the golden rule. · Who – the shareholders/stakeholders, owners who were not responsible about the harm the ingredients could have on the people. References Menkel-Meadow, C. (2015). Mediation, arbitration, and alternative dispute resolution (ADR). International Encyclopedia of the Social and Behavioral Sciences, Elsevier Ltd.