Legal/Ethical Issues

Final Paper

Focus of the Final Paper

Prepare an 11- to 15-page paper (not including the title and reference pages) that assesses a legal/ethical issue or situation relating to a current, previous, or potential future work environment. Use at least 10 scholarly sources that are suitable for research in a graduate-level course.

Your paper must include the following::

A description of a business situation that presents a legal and ethical issue. The business situation must be from prior, current, or anticipated future employment experiences or from a current event. The description of the business situation must not exceed two pages.
An analysis of the ethical concerns raised by the situation.
Apply at least two different ethical theories to the situation to support at least two different outcomes.
The paper must determine which ethical outlook as applied to this particular situation will result in the best legal outcome for the business.
An explanation of at least three of the relevant areas of law that have been addressed in this course (e.g., constitutional law, contracts, anti-trust law, securities regulations, employment law, environmental law, crimes, or torts) and an assessment of the each area of law as it applies to the business situation identified.
A recommendation to reduce liability exposure and improve the ethical climate or the overall ethics of the situation. Your recommendation must be supported by specific legal, ethical, and business principles.
Writing the Final Paper

The Final Paper:

Must be 11 to 15 double-spaced pages in length (not including the title and reference pages), and formatted according to APA style as outlined in the Ashford Writing Center.
Must include a title page with the following:
Title of paper
Student’s name
Course name and number
Instructor’s name
Date submitted
Must begin with an introductory paragraph that has a succinct thesis statement which identifies the focus of the paper.
Must address the topic of the paper with critical thought.
Must end with a conclusion that reaffirms your thesis.
Must use at least 10 scholarly sources.
Must document all sources in APA style, as outlined in the Ashford Writing Center.
Must include a separate reference page, formatted according to APA style as outlined in the Ashford Writing Center.
Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.

Here is my outline i will use. Also here are some comments about the outline from my instructor. This outline was written by one of your writers. Refer to order  #7687    business law    final paper outline in your system.

BUSINESS LAW
The Outline
I.    Introduction
A.    Summary
The legal and ethical implication of gross negligence to a business organization is the focus of the final paper. Different organizations have suffered immensely due to gross negligence particularly by the board of directors, executive managers, departmental heads, and front-line employees (Emerson, 2009). 
B.    Goals
The paper aims to provide a comprehensible description of gross negligence in addition to highlighting at least two ethical theories, which will be the basis of analysis of gross negligence (Davies et al, 2013). It further intends to expound on specific areas of law under which gross negligence will be analyzed.     
C.    Thesis
Gross negligence in a business set up is both of legal and ethical concern to stakeholders and shareholders because it can potentially impede the overall performance and key decisions that affect various entities.   
II.    Description of gross negligence
Gross negligence refers to a conscious and reckless disregard of the need to exercise reasonable care. It results to foreseeable harm or injury to property, individuals, or a business organization (Rendell, 1997). A manager’s failure to conduct thorough investigations of matters affecting the business enterprise and stakeholders is considered gross negligence. Therefore, the board, executive managers, and ordinary employees should not act in a manner that violates their legal and ethical obligation of care (Rendell, 1997).   
III.    Description of two ethical theories under which gross negligence is analyzed
The analysis of gross negligence will be based on two ethical theories namely the Utilitarian theory and the Casuist ethical theory.
A.    Utilitarian theory: The theory is mainly concerned with the ability or capacity to foresee the outcomes of an action (Fallbrook, 2005). A utilitarian will consider choices that yield maximum benefits to be ethically correct.
B.    The Casuist theory: The theory primarily concerns comparison of current/existing ethical dilemma with past cases of similar nature and their outcomes.   
IV.    Explanation of specific areas of law under which gross negligence is analyzed
A.    Punitive damages: Many jurisdictions offer punitive damage to the plaintiff.
B.    Compensatory damages: The law provides for monetary payments for losses in medical expenses, mislaid property, and lost wages.
C.    Other critical areas: They include description of a reasonable person, proof of negligence, duty, proximate cause, intervening cause, and defenses to negligence liability.   
V.    Conclusion
Gross negligence is of both legal and ethical concern to business organizations. Furthermore, the consequences of gross negligence can be dire in both the short term and long term.

References
Abbott, K., Pendlebury, N., & Wardman, K. (2007). Business law. London: Thomson.
Carney, L., & Kennedy, C. (2013). Gross negligence interpreted and applied in ireland. International Financial Law Review
Clarkson, K. W., Miller, R. L. R., Cross, F. B., & Clarkson, K. W. (2012). Business law: Text and cases : legal, ethical, global, and corporate environment. Mason, OH: South-Western Cengage Learning.
Curry, E. K. (2008). MBA fundamentals: Business law. New York: Kaplan Pub.
Davies, P. S., Virgo, G., In Burn, E. H., Virgo, G., & Virgo, G. (2013). Equity & trusts: Text, cases, and materials.
Emerson, R. W. (2009). Business law. Hauppauge, N.Y: Barron’s Educational Series.
Fulbrook, J. (2005). Outdoor activities, negligence, and the law. Aldershot, Hants, England: Ashgate.
Issue of gross negligence may void damage waiver. (2005). ENR, 255(14), 18.
Mulheron, R. P. (2010). Medical negligence: Non-patient and third party claims. Farnham, Surrey, England: Ashgate.
Pastor, J. F. (2006). Security law and methods. Burlington: Elsevier.
Rendell, R. S. (1997). US: Gross negligence or wilful misconduct. International Financial Law Review, 16(10), 65.

here are the comments:
Numeric Grade:  3 / 3  pts    Weighted Average (Earned/Possible):   
3 % / 3 %
Letter Grade:    
Comments:
View Waypoint markup for Outline for final paper bus 670.doc
The following files have been attached to your feedback
I think you need to focus your paper. Your thesis alone is quite vague. I think you need to focus what you mean by gross negligence. That is fine that you define it, but it can be applied in so many different situations. After you define gross negligence in the body of the paper, then you need to discuss one or two examples of gross negligence. You need to give details about a case or example because you will use this example throughout the paper. When you discuss the two ethical theories you need to define them, explain them, and apply them to your example. You need to discuss the outcome of your example using this ethical theory. Then, after discussing two outcomes, you need to discuss the best outcome using an ethical theory. It does not have to be one of the two theories you discussed either. Then, before your conclusion, you need to give a recommendation as to how your example could reduce liability. While your example should be no more than 2 pages long, you will refer back to it throughout the paper. Lastly, once you have your example, you will need to change your thesis too. It needs to be more specifc and succinct.

(0.6 / 0.6) Describes a Business Situation That Presents a Legal and Ethical Issue

Distinguished – Offers a detailed description of a business situation that presents a legal and ethical issue.

(0.6 / 0.6) Describes at Least Two Ethical Theories to Be Used for Analysis of the Business Situation

Distinguished – Offers a detailed description of at least two ethical theories under which the business situation will be analyzed.

(0.6 / 0.6) Explains the Specific Areas of Law to Be Used for Analysis of the Business Situation

Distinguished – Comprehensively explains the specific areas of law under which the business situation will be analyzed.

(0.6 / 0.6) Prepares a Reference Page

Distinguished – Prepares a reference page that contains at least 10 scholarly sources. The references are appropriate and clearly relevant to the assignment. Citations are accurate and free of errors.

(0.23 / 0.23) Critical Thinking: Evidence

Distinguished – Employs persuasive information from credible sources to develop an ample analysis or synthesis of the topic. Viewpoints of experts are scrutinized thoroughly.

(0.22 / 0.22) Reading: Relationship to Text

Distinguished – Analyzes texts for scholarly significance and pertinence within and across the various disciplines, assessing them according to their contributions and consequences.

(0.08 / 0.08) Written Communication: Control of Syntax and Mechanics

Distinguished – Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors, and is very easy to understand.

(0.07 / 0.07) Written Communication: Page Requirement

Distinguished – The length of the paper is equivalent to the required number of correctly formatted pages.

Overall Score: 3 / 3 Also here is the grading rubic:
Total Possible Score: 20.00
Describes a Business Situation That Presents a Legal or Ethical Issue
Total: 2.00
Distinguished – Offers a detailed description of a business situation that presents a legal or ethical issue.
Proficient – Offers a description of a business situation that presents a legal or ethical issue. Minor details are missing.
Basic – Offers a general description of a business situation that presents a legal or ethical issue. Relevant details are missing.
Below Expectations – Offers an incomplete description of a business situation that presents a legal or ethical issue. Significant details are missing.
Non-Performance – The description of a business situation that presents a legal or ethical issue is either nonexistent or lacks the components described in the assignment instructions.

Analyzes Ethical Concerns Raised by the Business Situation
Total: 3.00
Distinguished – Offers a detailed analysis of the ethical concerns raised by the business situation by applying at least two ethical theories to support at least two different outcomes. Expertly utilizes concepts and vocabulary from the text and/or additional scholarly sources.
Proficient – Offers an analysis of the ethical concerns raised by the business situation by applying at least two ethical theories to support at least two different outcomes. Sufficiently utilizes concepts and vocabulary from the text and/or additional scholarly sources. Minor details are missing.
Basic – Offers a limited analysis of the ethical concerns raised by the business situation by applying at least two ethical theories to support at least two different outcomes. Partially utilizes concepts and vocabulary from the text and/or additional scholarly sources. Relevant details are missing.
Below Expectations – Attempts to analyze the ethical concerns raised by the business situation by applying at least two ethical theories to support at least two different outcomes; however, concepts and vocabulary from the text and/or additional scholarly sources are not utilized, and significant details are missing.
Non-Performance – The analysis of at least two ethical theories is either nonexistent or lacks the components described in the assignment instructions.

Determines the Ethical Outlook Leading to the Best Legal Outcome for the Business Situation
Total: 3.00
Distinguished – Completely determines the ethical outlook leading to the best legal outcome for the business situation.
Proficient – Determines the ethical outlook leading to the best legal outcome for the business situation. Minor details are missing.
Basic – Vaguely determines the ethical outlook leading to the best legal outcome for the business situation. Relevant details are missing.
Below Expectations – Attempts to determine the ethical outlook leading to the best legal outcome for the business situation; however, significant details are missing.
Non-Performance – The determination of the ethical outlook leading to the best legal outcome for the business situation is nonexistent or lacks the components described in the assignment instructions.

Explains at Least Three Specific Areas of Law and Assesses Each Area as It Applies to the Business Situation
Total: 3.00
Distinguished – Comprehensively explains at least three specific areas of law and thoroughly assesses each law as it applies to the business situation.
Proficient – Explains at least three specific areas of law and assesses each law as it applies to the business situation. The explanation or assessment is slightly underdeveloped.
Basic – Partially explains at least three specific areas of law and vaguely assesses each law as it applies to the business situation. The explanation and/or assessment are underdeveloped.
Below Expectations – Attempts to explain at least three specific areas of law and assess each law as it applies to the business situation; however, the explanation and/or the assessment are significantly underdeveloped.
Non-Performance – The explanation of at least three specific areas of law and the assessment of each law are either nonexistent or lack the components described in the assignment instructions.

Provides a Recommendation to Reduce Personal Liability Exposure and Improve Overall Ethical Climate
Total: 2.00
Distinguished – Provides a comprehensive recommendation to reduce personal liability exposure and improve the overall ethical climate for the business situation. The recommendation is strongly supported by specific legal, ethical, and business principles.
Proficient – Provides a recommendation to reduce personal liability exposure and improve the overall ethical climate for the business situation. The recommendation is supported by specific legal, ethical, and business principles. Minor details are missing.
Basic – Provides a vague recommendation to reduce personal liability exposure and improve the overall ethical climate for the business situation. The recommendation is partially supported by legal, ethical, and business principles. Relevant details are missing.
Below Expectations – Attempts to offer a recommendation to reduce personal liability exposure and improve the overall ethical climate for the business situation; however, the recommendation may not supported by legal, ethical, and business principles. Significant details are missing.
Non-Performance – The recommendation on how to reduce personal liability exposure and improve the overall ethical climate for the business situation is either nonexistent or lacks the components described in the assignment instructions.

Organization: Introduction, Thesis Statement, and Conclusion
Total: 2.00
Distinguished – The paper is logically organized with a well-written introduction, thesis statement, and conclusion.
Proficient – The paper is logically organized with an introduction, thesis statement, and conclusion. One of these requires improvement.
Basic – The paper is organized with an introduction, thesis statement, and conclusion. One or more of the introduction, thesis statement, and/or conclusion require improvement.
Below Expectations – The paper is loosely organized with an introduction, thesis statement, and conclusion. The introduction, thesis statement, and/or conclusion require much improvement.
Non-Performance – The introduction, thesis statement, and conclusion are either nonexistent or lack the components described in the assignment instructions.

Critical Thinking: Evidence
Total: 1.50
Distinguished – Employs persuasive information from credible sources to develop an ample analysis or synthesis of the topic. Viewpoints of experts are scrutinized thoroughly.
Proficient – Employs applicable information from credible sources to develop an analysis of the topic.
Basic – Identifies applicable information from credible sources, but may neglect the application of such information toward the analysis of the topic.
Below Expectations – Displays information from external sources, but such information may lack credibility and/or relevance. Neglects the application of such information toward the analysis of the topic.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Reading: Relationship to Text
Total: 1.50
Distinguished – Analyzes texts for scholarly significance and pertinence within and across the various disciplines, assessing them according to their contributions and consequences.
Proficient – Utilizes texts in the context of scholarship to expand a foundation of disciplinary knowledge and to raise and discover significant inquiries.
Basic – Employs texts with the intent and expectation of increasing knowledge.
Below Expectations – Approaches texts only within the context of assignment.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Control of Syntax and Mechanics
Total: 0.50
Distinguished – Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors, and is very easy to understand.
Proficient – Displays comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains only a few minor errors, and is mostly easy to understand.
Basic – Displays basic comprehension of syntax and mechanics, such as spelling and grammar. Written work contains a few errors, which may slightly distract the reader.
Below Expectations – Fails to display basic comprehension of syntax or mechanics, such as spelling and grammar. Written work contains major errors, which distract the reader.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: APA Formatting
Total: 0.50
Distinguished – Accurately uses APA formatting consistently throughout the paper, title page, and reference page.
Proficient – Exhibits APA formatting throughout the paper. However, layout contains a few minor errors.
Basic – Exhibits basic knowledge of APA formatting throughout the paper. However, layout does not meet all APA requirements.
Below Expectations – Fails to exhibit basic knowledge of APA formatting. There are frequent errors, making the layout difficult to distinguish as APA.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Page Requirement
Total: 0.50
Distinguished – The length of the paper is equivalent to the required number of correctly formatted pages.
Proficient – The length of the paper is nearly equivalent to the required number of correctly formatted pages.
Basic – The length of the paper is equivalent to at least three quarters of the required number of correctly formatted pages.
Below Expectations – The length of the paper is equivalent to at least one half of the required number of correctly formatted pages.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Resource Requirement
Total: 0.50
Distinguished – Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Proficient – Uses required number of scholarly sources to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Basic – Uses less than the required number of sources to support ideas. Some sources may not be scholarly. Most sources on the reference page are used within the body of the assignment. Citations may not be formatted correctly.
Below Expectations – Uses inadequate number of sources that provide little or no support for ideas. Sources used may not be scholarly. Most sources on the reference page are not used within the body of the assignment. Citations are not formatted correctly.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

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