Legal Environment of Business
#61330 Assignment 1
Due 6/22 at midnight
• Answer the following question inside this document. Use any kind of blue or green font color for YOUR answer.
• Please answer the following questions using complete sentences, no bullet points and no spelling errors. It is not possible to answer any of these questions in just once sentence.
• For chapter 2 answers provide at least two paragraphs of at least seven sentences for each question.
• For chapter 3 answers provide at least four paragraphs of seven sentences each.
• Upload your answers in the space provided on Blackboard.
Chapter 2: Business Ethics
1. Entertainment Network, Inc. (ENI), a business that provided news, entertainment, and information via the Internet, sued government officials who prohibited the company from filming the execution of Oklahoma City bomber Timothy McVeigh and selling the footage of the execution online. The government officials argued that a Justice Department regulation prohibiting audio and visual recording violated the company’s First Amendment right to free speech. [Entm’t Network, Inc. v. Lappin, 134 F. Supp. 2d 1002 (2001).]
a) How do you think the court should have ruled in this case?
b) Do you think ENI might have altered its decision to broadcast the execution if it had applied the Golden Rule?
2. Ernest Price went to a doctor in 1997, seeking Oxycontin to treat pain related to sickle cell anemia. Between November 1999 and October 2000, Price sought Oxycontin prescriptions from at least ten different doctors at ten different clients in two cities, filling the prescriptions at seven pharmacies in three cities. The doctors were notified of Price’s medication-seeking behavior, and the doctors discontinued Price’s treatment. Price then filed suit, claiming his doctors, pharmacies, and the pharmaceutical companies that manufactured Oxycontin had breached their duty by failing to adequately warn Price of the addictive nature of Oxycontin. [Ernest Price v. The Purdue Pharma Co., 920 So. 2d 479; 2006 Miss. LEXIS 67 (2006).]
a) How do you think the court responded to Price’s claims?
b) Think about all the stakeholders involved in such a case; how would those parties be affected by a ruling in favor of Price?
c) In favor of the doctors and pharmaceutical companies?
Chapter 3: US Legal System
You need to read Chapter 3 first to understand peremptory challenges and the jury selection process. Look up terms that you do not understand. Watch the Youtube video posted.
Remember to critically analyze your decision. (Appendix 1A)
You should discuss the decision as a neutral decision maker. This requires you to look at both sides and come to a conclusion with some reason behind your conclusion.
Possible Outline for your discussion:
Paragraph 1- Describe the Issue.
Paragraph 2- Describe the rules-what are the rules and guidelines for jury selection and peremptory challenges? Read Chapter 3.
Paragraph 3- Apply the rules to the facts in the case of Woodson.
Paragraph 4- Conclude and support your conclusion with critical analysis to the best of your ability.
Defendant Woodson is an African-American male accused of murdering a white female in an apartment burglary. During the jury selection process, Prosecutor Forbes exercises only two peremptory challenges, excusing from service the only two African-Americans in the Jury. An all-white jury is eventually empanelled, and Defendant Woodson is convicted of first-degree murder, with life imprisonment imposed as punishment.
After the jury verdict is announced, Prosecutor Forbes is questioned by the local media concerning his exercise of the peremptory challenges. Prosecutor Forbes explains that race was not a factor in his decision, but that the two potential jurors were excused “because they have facial hair, and as a matter of practice, I do not want individuals with facial hair serving on my jury.” Further, Prosecutor Forbes states “I categorically deny that race played any factor whatsoever in the jury selection process.”
On appeal, should the appellate court decide the matter on one of the following three ways: Please choose an option (1, 2, or 3) and discuss why you think the Appellate Court should decide the case that way.
1) Rule that Prosecutor Forbes’ actions are considered reversible error, and remand the case to the trial court level to be retried;
2) vacate (nullify) the jury verdict, and dismiss the charges against Defendant Woodson; or
3) allow the conviction to stand? Should prosecutors be allowed to consider race as a factor in the jury selection process? Gender? Age?
Please note: What does on appeal mean?? This means that Defendant Woodson wants the higher court, the appellate court, to review his conviction for mistakes made by the lower court. One possible mistake was that the jury selection was flawed. This is an error that the appellate court must review.
Reversible error- An error by the court such that the final decision is reversed.
Remand- Occurs when a court’s decision is reversed and the case goes back to the lower court.
Vacate (nullify)- when a jury verdict is vacated the verdict is considered never to have happen; it is erased.
Empanelled- when a jury is finally selected it is called empanelled.
Legal Environment of Business MGT12A