Ethical and Environmental Responsibility - JZ Holdings - Essay Example

Task Business Law Question Ethical and environmental responsibility is not an option for any company. Therefore, for the Chinese company to directly dumping dye waste into a local river, they have violated the ethical code of conduct. Although not direct, the American companies benefit from this production process hence also responsible for the waste (Ferrell, Fraedrich, and Linda 39). To ensure a safe environment, the American companies can introduce incentives aimed at cleaning the rivers. Accordingly, the companies can also introduce ultimatum to the Chinese companies regarding their production process. Certainly, this includes looking for alternative markets in an event that the Chinese companies do not change from their pollution behaviours (economic sanction). Last but importantly, they can commit the Chinese firms to sustain and rehabilitate the river polluted through the legal system. Question 2 The cash stripped JZ Holdings has an ethical responsibility to ensure that all things passing through their studios are of moral sound. On the other hand, they need all resources within their reach hence producing the irrational song “cop Killer” through JZ studios. Certainly, the song is likely to attract attention from the authorities eliciting even more problems that the cash deficit. Despite high expectations and the desire to retain reputation, more consequences are bound to knock at JZ holdings. Therefore, in resolving the scenario JZ Holding through its subsidiary studios should renounce the song recorded by Ice-T. In as much as the decision may dwindle future profits or subject the business reputation into question, the ethical responsibility in the song is likely to cause more harm (Ferrell, Fraedrich, and Linda 86). Question 3 Lawsuits are part of civil disputes intended to resolve differences resulting into property or financial loss. In Mike’s case, the law suit will take place in either a state trial or federal district court. Federal jurisprudence gives districts courts the jurisdiction to hear and decide on civil and criminal matters. The exclusive roles and level in the court system makes the appropriate for listening and deciding appropriately. Additionally, the fact that the courts can listen to all categories of cases makes them the most appropriate for Mike’s case. Arguably, state trial court also forms a good platform for Mike’s claim because of the jurisdiction. Despite the limited jurisdiction, the court can listen to small claim cases and civil cases characterised by limited controversy. Furthermore, it has simplified procedures required by civil lawsuits. Question 4 The only similarity between mediation, arbitration and court trials remains the fact that they are dispute resolution mechanism targeting win-win situations. Nevertheless, court trials are legal processes aimed at ascertaining the problem and awarding the victims. In dispute resolution, court trials termed as litigation are unpredictable and solely rely on the jury or judge for the ultimate decision (Cross, Miller and Frank 71). Mediation, on the other hand, is a voluntary process involving a neutral individual (mediator) in resolving a stalemate. Contrary court trials that listen to all case, mediation is effective in landlord-tenant, environmental, family law or even given employment issues. Last but importantly, arbitration is a fast and less expensive dispute resolution mechanism through contracts or submission agreement. Both sides of the divide chose an arbitrator responsible for steering the dispute to a common ground. Question 5 (i) Eric is charged with conspiracy to commit defraud under false pretence of a non- existent house. Under section 371, any scheme to falsely acquire property or money is punishable by law. (ii) Considering its setup, the case can be both a misdemeanour or a felony. Conceivably, it a crime that has violated the moral standards of the community attracting a jail term. On the other hand, Mike can be subjected to a fine and community service as a correction mechanism. (iii) Mike has a right to a jury trial considering the expected punishment. (iv) Actus reus in the case involves proving that Mike actually participated in the creation and sending or brochures to different people. The court also has to prove beyond reasonable doubt that he received the deposits. Mens reas involves proving past, current or his intention to defraud. Question 6 Both are guilty of embezzlement and violating RICO. In the face of justice, both short and long-term crimes are punishable by law. In as much as they will receive different punishment, it is upon the prosecution to prove existence and extent of the offence for each party. From this party, both Cheryl and Floyd violated their terms of engagement by dishonestly withholding money for other purposes. The fact that both decided to invest their loot in a catering business makes them liable to RICO. Therefore, they shall be charged with money laundering and racketeering through theft, which can result to freezing of the named asset. Question 7 The difference in the scale of justice between the criminal and civil jury prevails because of the burden of proof in each case. Any criminal case start with presumption of innocence, therefore, the burden of proof lies within the prosecution’s docket. He has to prove otherwise through existing evidence or testimony failure to which the defendant has no case to answer. In Jake’s scenario, the criminal jury acquitted him since the prosecution could not prove his intention to destroy the adjacent building or malice of any form. The civil jury on the other hand awarded Vickie with $ 150,000 because of liability. Notably, the fire started from Jake’s house. Question 8 (i) Considering that he had not used the fake licenses, Beth will face an intention to use and possession of fake licenses charge. (ii) The defense lawyer will make a simple and rational approach to the case that the defendant has no case to answer. First, the prosecution obtained the evidence illegally by violating the accused rights contrary to the fourth amendment (Chappell 66). They did not have any probable cause neither was there a search warrant for the house. (iii) Notably, illegally obtaining evidence or violating the right of an individual without a warrant or probable cause makes a case ineligible. The fourth amendment prevent unreasonable searches and seizure unless a judicially issues warrant exist. Most importantly, breaking or forcing entry into a house must be supported by a probable cause or oath of affirmation. In this light, the defendant’s motion is granted as exhibited by Mapp v. Ohio. Works Cited Chappell, Robert P. Child Identity Theft: What Every Parent Needs to Know. Lanham: Rowman & Littlefield Publishers, 2012. Print. Cross, Frank B, Roger L. R. Miller, and Frank B. Cross. The Legal Environment of Business: Text and Cases : Ethical, Regulatory, Global, and Corporate Issues. Mason, OH: South-Western Cengage Learning, 2012. Print. Ferrell, O C, John Fraedrich, and Linda Ferrell. Business Ethics: Ethical Decision Making and Cases : 2009 Update. Mason, OH: South-Western Cengage Learning, 2010. Print. Read More