I want you to write 5 discussion posts for my class business law
these are the posts each post has a number
#1 Phone Apps?
Do you allow apps access to all your data on your phone?
Which ones do you allow all access? Why or Why not?
#2 Thoughtless Comments and Slander
McClune v. Neitzel, 235 Neb. 754, 457 N.W.2d 803 (1990), provides an example of how thoughtless comments can become slander. Robert McCune was a single, 27-year-old man, who grew up in Springfield, Nebraska (population: 800). He worked in neighboring Gretna with his brother, selling lawn sprinkler systems and managing the installation crews. McCune’s mother, Betty Holz, was a home health aide. One of Holz’s coworkers was Patricia Dieleman. Lois Keyes was one of Dieleman’s patients. On July 8, Keyes’ daughter told Keyes and Rose Neitzel that a friend of McCune’s was dying of AIDS. That evening, as Dieleman was tending to Keyes, Keyes told Dieleman that she did not want Holz to care for her. When Dieleman asked why, Neitzel responded, “Didn’t you know her son, Bobbie, has AIDS?” McCune did not have AIDS. Dieleman reported Neitzel’s remarks to a friend of hers and to Holz. Neitzel spoke of the conversation with Keyes’ seven daughters, her own husband, her sister, her brother, and her four sons. When McCune learned of Neitzel’s statement, he began to avoid Springfield, where he had previously visited his mother and friends at least twice a week. He avoided some family gatherings. A Springfield resident confronted him regarding AIDS. His work deteriorated dramatically. He had problems with the workers he supervised because of the rumor. He began to drink continuously, and sought professional counseling and attended Alcoholics Anonymous meetings. Near the end of July, McCune’s brother informed him that the installation crews had lost respect for him due to the rumors and that he had to resign or be fired. McCune resigned and left the Springfield area. He suffered from headaches and sleeplessness, was lethargic, and gained weight. He found a new job in Iowa, to begin nine months later, doing the same type of work that he had done with his brother. McCune filed a petition, alleging that Neitzel had falsely accused him of having AIDS. After trial, the jury returned a verdict in McCune’s favor for $25,350.
How often do you check the facts of things before you gossip, post things, or forward things about your friends and other people?
#3 How far should our society and police force go to protect its citizens?
One of the world’s most prolific spammers, Jeremy Jaynes accumulated $24 million by promoting, via spam, get-rich-quick schemes, pornography, and sham products and services. During an investigation into his activities, at his residence the police found a CD containing more than 1.3 billion user names. Jaynes also had a DVD containing e-mail addresses and other personal account information for millions of individuals, all of which had been stolen from America Online. In a Virginia state court, Jaynes was convicted of three counts of felony spamming under the Virginia Computer Crimes Act (VCCA), based on the fact that he had sent more than ten thousand pieces of spam per day on three separate days, using false Internet addresses and aliases. The jury sentenced him to nine years in prison. This was the first felony conviction for spamming in the United States. On appeal, Jaynes argued that Virginia did not have jurisdiction over him and that the state’s criminal spamming statute violated his First Amendment rights to free speech. The state appellate court found that jurisdiction was proper because Jaynes utilized servers within the state and concluded that the statute did not violate the First Amendment. Jaynes appealed further. In Jaynes v. Commonwealth of Virginia, the Supreme Court of Virginia reversed the conviction. The court held that the VCCA, which prohibited the falsification of routing information in connection with the transmission of spam, “was substantially overbroad on its face, and thus unconstitutional” because it “was not limited to commercial or fraudulent transmission of e-mail, but prohibited the anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious or other protected speech.”
Do you think society (the police and courts) should go further to protect people?
Or do you think they go to far already?
Why or why not?
#4 Criminal Law
What are some of the significant differences between criminal law and civil law? Crimes are considered offenses against society as a whole; civil law is concerned with wrongs more personal in nature. Criminal defendants are prosecuted by public officials; civil defendants are sued by private individuals. Those who are found guilty of crimes are punished; those who lose in a civil suit are generally required to compensate the injured. Criminal law is primarily statutory; much of civil law is based on judicial rulings. The burdens of proof are different—in a criminal proceeding, the guilt of the accused must be established beyond a reasonable doubt; in a civil proceeding, elements must be proved by a lesser standard (which varies).
How safe (from crime) do you feel in your everyday life?
Why or why not?
What can you do to help make other people feel safe?
#5 International Law
Why should a global marketing manager consult local attorneys in other countries before creating a marketing campaign? In the United States, the Federal Trade Commission puts restrictions on claims that advertisers can make about goods and services. Other countries have the equivalent of the Federal Trade Commission and may have restrictive advertising laws just as we do here. Consequently, before spending company resources on a global marketing campaign, a marketing manager has to check with local specialized attorneys in target countries. It is better to spend a few thousand dollars upfront than to find out later that you have to redo completely your marketing campaign for the targeted country.
Have you ever done business with a company from another country?
If so, what kind?
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