Objectives-You should know all of the different types and classifications of Agents and Agency relationships with Principals and Third parties. You need to be familiar with what it takes to create an agency, what the Agent can do and cannot do on behalf of the Principal and what the Agent's and the Principal's duties are to each other as well as how to terminate an Agency. You should know about all of the different types of employment relationships there are between employee and employer. (This specifically relates to General Objective 5) Know about the types of liability an employer can incur as a result of the actions of his employee. Chapter 5 deals with how criminal law can relate to business. There is a brief discussion of the categories of crimes as well as the elements of different crimes. You should be familiar with the difference between a crime and a civil wrong, you should know about defenses to crimes, as well as the process that a criminally accused person goes through from arrest to trial to sentencing. Be very familiar with White Collar Crime as that type of crime mostly relates to business situations. Review the discussion about Sentencing Guidelines and Compliance as they relate to White Collar Crime. This assignment specifically aligns with general objective #6.
The important case to know for Chapter 14 is: Cove management v. AFLAC-this case is an excellent discussion of what constitutes an independent contractor v. an agent in the area of employment law.
The important case to know for Chapter 5 is: Elonis v. United States-This case is very timely given the many threats and shootings that seem to occur in the workplace nowadays. Can someone be convicted of a crime just for making a threat?
Read Chapters Fourteen and Five
Do the Assignments listed below for each chapter
Chapter 14-Do the Discussion Question in the middle of page 350-answer this question fully, giving reasons for your answers. Your discussion should involve elements of employment law and elements of criminal law. You should also fully discuss an agent's duty to their employer as well as the duties that the agent violated in this situation. Be sure to tell me who has legal ownership of the car and give the legal reasons for your answer.
Also, do Case Question #6 on page 351. Meyers v. National Detective Agency, 281, A.2d 435, Ct. App., D.C. (1971) https://law.justia.com/cases/district-of-columbia/court-of-appeals/1971/5725-3.html This is a good discussion of when a master is liable for the negligence of his servant if at the time of the negligent act the latter is acting within the scope of his employment, and this liability applies even in instances where the servant, while disobeying his master's orders injures a third party. Tell me what the court said as to why or why not the employer could be liable in this case.
Chapter 5-Do Case Questions #3 on page 115, U.S. v. Jolivet, 204 F.3d 902, 8th Cir. (2000)-this case is a good discussion of mail fraud and money laundering and the elements of each. Jolivet was convicted of the charges but she appealed the money laundering charge. Was she guilty? Here is a link to a brief description of the case: http://www.swlearning.com/blaw/cases/criminal/1100_criminal_02.html
and Do case question #9 on page 116, U.S. v. Doxie, 813 F.3d1340, 11th Cir. (2016) This case is a good discussion of sentencing guidelines for white collar crime.. https://scholar.google.com/scholar_case?case=3864879867130152542&hl=en&as_sdt=6&as_vis=1&oi=scholarr
All assignments will be due December 4th by 11:59 p.m. and I will not accept them late