• Why the Form of Business Entity Is Important.
• The Notion of Limited Liability.
• Corporations and Piercing the Corporate Veil.
• Agency – What It Is and What It Is Not.

Questions to Consider

To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.

• What are the advantages and disadvantages of forming a limited liability company?
• Should a member of a limited liability company be liable for obligations that arise after the member has left the company?
• How can a corporation be properly punished if it commits a tort or a crime?
• Are the steps required to incorporate an organization too easy or too difficult?
• Should shareholders be held personally liable for the wrongdoing of the corporations in which they hold shares?
• Under what circumstances should members of the board of directors be held personally liable for the wrongdoing of the corporations they govern?
• Is it ever a good idea to do business without creating some form of a limited liability business organization?
• What are the factors to consider when deciding whether to buy into a franchise such as McDonalds?
• What are the differences between a partnership and a limited liability business organization? How might different corporate entities impact entrepreneurial interests in relation to the global economy?
• Are the protections afforded corporate officers warranted in today’s business landscape? Given the litigation landscape of the modern United States, how could the protections that the courts provide to companies and partnerships be improved?
• Are there elements of the different business entities that should be strengthened, weakened, or eliminated altogether?

Resources

Suggested Resources

• Analyzing a Case Law | Transcript.
  • Throughout this course, you will be required to submit case law analysis papers. This multimedia presentation points out key areas of a case law. Use this presentation to help you complete your case analyses. Refer to this media as often as you need to.
• Business Law Foundational Concepts | Transcript.
  • This media piece offers interactive flashcards that you can use to learn (or review) foundational terms and concepts in business law. Refer to this study aid often and as needed.

Library Resources

• DuBoff, L. D. (2004). The law (in plain English) for small business. Naperville, IL: Sphinx Publishing.

Internet Resources

Access the following resources by clicking the links provided. Please note that URLs change frequently. Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication.

• Nolo. (2013). Nolo law for all. Retrieved from http://www.nolo.com
  • This resource provides helpful background on a range of legal issues. You may find the Free Legal Information section of the site particularly helpful.

Your assessments throughout this course will be case law analysis papers based on real-world court decisions you will choose and research independently. The following suggested resources provide helpful methods of locating relevant cases:

• FindLaw. (2013). US Supreme Court opinions. Retrieved from www.findlaw.com/casecode/supreme.html
• Cornell University Law School – Legal Information Institute (LII). (n.d.). Supreme Court: Most recent decisions. Retrieved from www.law.cornell.edu/supct
• Nolo. (2011). US Supreme Court center. Retrieved from http://supreme.nolo.com
• Oyez, Inc. (2011). U.S. Supreme Court media – Cases. Retrieved from http://www.oyez.org/cases

Assessment Instructions

For this assessment, you will first select an actual business-related U.S. legal case, pertaining to the topic of business entities, based on briefly conducting associated research. Based on that, you will then select an organization that you believe would be impacted by that legal case. Having completed both of these tasks, you should assume you’re a senior manager in the organization you selected, and that you were asked to perform an analysis of the legal case and to write an executive briefing for the executive team of that same organization. Your executive briefing should include a summary of the case, as well as an evaluation of how the case impacts the organization.

1. To give you the opportunity to research and investigate a real court decision.
2. To challenge you to think about the business implications of the case, and specifically how the case will impact an actual organization.

In your case law analysis you must be able to navigate the court’s decision, and summarize and evaluate it. You may choose any business-related court case, either state or federal, as the basis for your case law executive briefing, as long as the case is applicable to the assessment topic. You are expected to conduct your own independent research to locate and evaluate the applicability of cases. A few appropriate case law websites are recommended for you in the Resources, but you are not limited to using cases from these sites.

1. Articulate the context and relevance of law in a business environment:
   • Identify the parties who are before the court.
   • Provide a brief background and context associated with the case. Summarize the facts in no more than 2–3 paragraphs.
   • Identify the specific disagreement between the parties.
   • Explain the ruling of the court and its business relevance in no more than 1–2 paragraphs. Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
2. Evaluate the business impact of the case:
   • Summarize your analysis of how the case will impact businesses in general, including both positive and negative impacts.
   • Indicate the organization you selected as potentially impacted by the case and why you selected that organization.
   • Explain how the case will impact the specific organization you selected, such that the executive team will understand the implications of the legal decision.

Based on your executive audience, your executive briefing should be no more than two pages, and should be well organized and written in clear, succinct language. Follow APA rules for attributing sources that support your analysis and conclusions.

Case Law Analysis: Business Entities Scoring Guide