Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?

Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?

Title: 1. Jennings, M. (2018). Business: Its legal, ethical, and global environment (11th Edition). Cengage Learning, Boston, MA.

Chapter 1. Introduction to Law.

Provide a graduate-level response to each of the following questions:

1) Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?

The act described, where Franklin Felon shot and killed two people during a robbery, would be considered a violation of both criminal and civil law for several reasons:

  1. Criminal Law Violation: Under criminal law, killing another person is generally classified as a serious offense such as murder or manslaughter, depending on the circumstances. Robbery itself is a criminal offense involving the unlawful taking of someone’s property through force or threat of force. By shooting and killing two people during the robbery, Franklin Felon committed a violent crime, taking their lives unlawfully.
  2. Homicide: The act of intentionally causing the death of another person is considered a homicide. In this case, the shooting resulted in the deaths of two individuals, which would be classified as double homicide or multiple counts of homicide.
  3. Felony Murder: In many jurisdictions, if a death occurs during the commission of certain specified felonies, such as robbery, the perpetrator can be charged with felony murder. This means that even if the intent was not to kill, but someone dies due to the underlying felony (robbery in this case), the perpetrator can still be held responsible for the deaths.
  4. Violation of Property Rights: Robbery involves the unlawful taking of someone else’s property by force or threat. By engaging in the robbery, Franklin Felon violated the property rights of the victims, which is a civil law violation. Civil law addresses individual disputes and provides a legal framework for seeking compensation for damages caused.
  5. Wrongful Death: The victims’ families may also have grounds to file a civil lawsuit for wrongful death. Wrongful death claims allow surviving family members to seek compensation for their losses due to the deaths, including financial losses, emotional distress, and loss of companionship.

It’s important to note that the specifics of criminal and civil law can vary depending on the jurisdiction. The consequences for such acts can also vary depending on factors like the defendant’s intent, the jurisdiction’s laws, and the presence of any legal defenses. The legal system ensures that individuals who commit such acts are held criminally and civilly accountable for their actions.

2) Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law.

Chapter 2. Business Ethics and Social Responsibility.

1) Marco Manager supervises three employees at a bank. Several times over the last three months, money has been missing from a specific employee’s till at the end of the shift. Marco Manager has worked with this employee for five years and considers this employee a friend. What ethical dilemmas does this present for Marco Manager?
2) Cash Right Now, LLC provides very high interest loans to people with poor credit scores that have a high probability of defaulting on the loan. Many people do in fact default on these loans; however, Cash Right Now, LLC does make a substantial profit overall, even considering these defaults. The people that borrow from Cash Right Now, LLC are unlikely to obtain credit elsewhere. Discuss if Cash Right Now, LLC’s business practices are ethical considering it charges much higher interest rates than traditional banks.

Chapter 3. The Judicial System.
Chapter 4. Managing Disputes: Alternative Dispute Resolution and Litigation Strategies.

1) Explain the pros and cons of utilizing litigation to resolve a dispute as opposed to alternatives to dispute resolution.
2) Peter Plaintiff is citizen of Kentucky. He drives to Tennessee and purchases a lawn mover from Lousy Lawn Mowers, Inc. Peter Plaintiff returns to Kentucky and is seriously injured when the lawnmower explodes during normal use. Lousy Lawn Mowers, Inc. does not do business in Kentucky and is incorporated in Delaware. May Peter Plaintiff bring a lawsuit against Lousy Lawn Mowers, Inc. in a state or federal court, and why?

Chapter 5. Business and the Constitution.

1) Explain the difference in procedural due process and substantive due process, providing examples of each.
2) Beets R Us, LLC is a medium-sized farm in Iowa that grows beets that are only sold in Iowa. It does not export its beets outside of Iowa, though sometimes customers from out of state buy its beets while visiting Iowa. Is Beets R Us, LLC’s business practices subject to federal jurisdiction under Article I, Section 8 of the United States Constitution? Why or why not?

Chapter 6. Administrative Law.

1) The Federal Aviation Administration (FAA) proposes a new rule. During the comment period, an individual considered to one of the most experienced aviation experts in the country strongly disagrees with the rule and provides a wide variety of support for her position. Must the FAA not pass the proposes rule based on this comment? Must the FAA consider the comment when deliberating passing the new rule?
2) State and explain each stage of the formal rule making process for administrative agencies. Provide examples as appropriate

Chapter 7. International Law.

1) Define expropriation, explain how it effects a county’s investments in foreign counties, and how counties respond to it.
2) Sprockets Unlimited, a United States corporation, is considering doing business in a foreign country that is known to have an unstable government and corrupt politicians; however, the market could be lucrative and greatly expand Sprockets Unlimited’s profits. What consideration should Sprockets Unlimited consider before doing so? Could the United States not allow Sprockets Unlimited to do business in this country?

Chapter 8. Business Crime.

1) Explain the concepts of mens rea and actus reus and analyze how they relate to corporate criminal liability.
2) Mike Millionaire is the CEO of Murky Mining, Inc. Mike is not involved in the day-to-day operations of Murky Mining, Inc., and the company has incurred multiple violations under 33 U.S.C. § 1319. Could Mike Millionaire be charged or fined as an officer of the company? Would the fact that Mike Millionaire was not involved in the day-to-day operations of Murky Mining, Inc. be considered?

Chapter 9. Business Torts.

1) Explain each of the elements of the tort of negligence, providing examples of each in a business setting.
2) Franky Fraud makes spaghetti sauce. He names his spaghetti sauce “Michael Jordan’s Spaghetti Sauce” and puts a picture of the athlete Michael Jordon on the label. Franky Fraud also claims that the sauce will extend your life ten years if you eat it every day. Many bottles of the sauce also contain razor blades. What tort or torts has Franky Fraud committed?

Short Essays

Question I – Debbie Debtor borrowed $1,000.00 from First Big Bank. Debbie Debtor agreed to repay the $1,000.00 over eight months plus interest. Debbie Debtor loses her job and stops making payments to First Big Bank after two months. What is the source of law that governs the subsequent remedies that may be available to First Big Bank?

Question II – Eddie Embezzler has worked for Betty Boss for many years as an accountant. During his employment, Eddie has taken thousands of dollars from Betty’s business. As a result, Betty has suffered. Did Eddie violate a criminal law, a civil law, or both? Explain.

Question III – Two (2) high ranking managers of Anrun Corp. know that the company’s revenue is rapidly declining. However, at a recent shareholder meeting, they tell the shareholders to expect record profits in the next quarter. Explain the three Blanchard and Peale questions that these two managers should have asked themselves before the shareholders’ meeting.

Question IV – The appellate court decides that the trial court committed reversible error by including evidence found by law enforcement. Law enforcement discovered this evidence when committing a Fourth Amendment violation, which should have been excluded at trial. This inadmissible evidence was the lynchpin of the prosecutor’s case, which resulted in a conviction. Where does the case go from here? Is the Defendant free to go? Does it go back to the trial court? Does it go all the way up to the Supreme Court?

Question V – Lonnie dies while working on a barge. Lonnie’s widow sues the barge company in state court. The Parties agree on the facts and cause of Lonnie’s death; however, they do not agree whether the Longshoreman Act should apply to this case. Lonnie’s widow has already received a remedy in a separate administrative action as part of a workers’ compensation claim. The Longshoreman Act would allow the decedent’s family to pursue an action in court, even if the family has agreed to a settlement as part of the worker’s compensation action. If the Longshoreman Act does not apply, then the decedent’s family will have no remedy in court. Prior to trial, what motion should the barge company’s attorney make? What must this attorney prove in order for her motion to be successful?

Question VI – Kansas passes a statutes which says all corn must be grown and processed in a certain manner so as to avoid harmful pesticides. This statute is challenged as being unconstitutional. What are the two factors for the court to consider when deciding whether the statute is constitutional?

Question VII – Downtown Cincinnati, in an area known as “Over the Rhine”, has long been an area of poverty containing empty and rundown buildings. The city of Cincinnati wishes to use this area to create new businesses and spark economic development. Would the eminent domain power allow the city to take this property from the building owners for the purpose of economic rejuvenation and elimination of “blight” within the city? What U.S. Supreme Court case would serve as precedent for this issue?

Question VIII – If a business does not agree with the decision of a hearing officer, may that business appeal the decision directly to the judicial court system? What steps must the business take to get the case within the judicial system?

Question IX -Peter Plaintiff’s son is killed while working overseas for a United States corporation that deals in proprietary petroleum extraction and production. Peter Plaintiff brings a wrongful death lawsuit on behalf of his son’s estate against this corporation and requests a wide scope of business documents related to the corporation and its overseas operations under the Freedom of Information Act (FOIA). What defenses, if any, does the corporation have against revealing the requested information under the FOIA?

Question X – Megatron, Inc. is a company with its principal offices in the United States. For years, Megatron has only operated domestically; however, Megatron’s board of directors now feels it is in the company’s best interests to explore how to do business internationally. Give at least three examples of actions Megatron can take with regards to foreign government officials, which would benefits Meagtron’s international growth without running afoul of the Foreign Corrupt Practices Act (FCPA)?

Question XI – Cowboy, Inc., an American corporation that produces cowboy hats contract with a manufacturing plant in France, Beret, Inc. The contract provides that Beret, Inc. will produce the cowboy hats in France to be distributed back in the United States by Cowboy, Inc. The contract does not provide which country’s law will apply if a dispute arises between Cowboy and Beret. Eventually, Cowboy discovers that Beret is not producing the hats under the specifications agreed upon in the contract. Which will American or French law be used in settling the dispute? Why?

Question XII – At the end of a long day, Sabrina, a cashier for a supermarket is counting the paper money. One of the bills falls from the cash register into the bottom of Sabrina’s purse. What elements of embezzlement are present in this situation? Should Sabrina be convicted of embezzlement? Why or why not?

Question XIII – Fort Thomas Living is a small publishing company located in the Northern Kentucky. Recently, Fort Thomas Living has contracted with several different local writers to publish various magazines and short-story books. Once such transaction involves an exchange of $10,200. Another transaction involves an exchange of $9,600? Are both of these exchanges of money subject to the disclosure requirements of the Money Laundering Control Act?

Question XIV – Bobby Bigmouth is sued for slander by his boss. Bobby argues that he cannot be sued for slander because he did not publish any statement. He argues that his alleged slanderous comment was not published because he just made the comment to a co-worker about his boss rather than making that statement to a reporter to be published. Is Bobby’s argument correct?

Question XV – During an episode of Sports Center, one of the anchors misread the teleprompter and said LeBron James was closing his school for at risk youth. In reality, LeBron James was expanding his school. This statement by the anchor was a slip of the tongue and corrected in the next episode. Would LeBron’s defamation suit against Sports Center and the anchor be successful? Why or why not?

Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?

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