Exam Study Guide - Managing Ethics in Organizations | BUS 305, Exams of Introduction to Business Management

Download Exam Study Guide - Managing Ethics in Organizations | BUS 305 and more Exams Introduction to Business Management in PDF only on Docsity! Sample answers to BUS 305 Exam that is Posted on the web site. Issue: Does Muhammed Rachman have standing to sue Simple and Securex.com for violations of the 1964 Civil Rights Act? Rule of Law: In order to maintain a suit in a court of law, the plaintiff must have a real, current interest at stake. The courts will not hear cases that are hypothetical. Conclusion: Judgment for the def., Securex.com. Since the facts indicate that no Arab-American had applied for a job with Securex, the lawsuit should be thrown out because it is hypothetical. There is no real current interest at stake in this case. Issue: Does the web site, NorthwestAdventuresSuckBigtime.com infringe the trademark of Northwest Adventures? ROL: A trademark infringement occurs when an infringer uses language or symbols in a way the in a way that confuses the public. Consumer confusion occurs when the public does not know whether a message is from the trademark owner or not. The First Amendment provides a shield for those who want to criticize. Conclusion: Judgment for the defendants. The defendant’s use of the plaintiff’s trademark in their web site, NorthwestAdventuresSuckBigtime.com, does not confuse the public and therefore is not a trademark infringement. No one would believe that Northwest Adventures was behind the NorthwestAdventuresSuckBigtime.com web site. Issue: Did state court in the State of Washington have jurisdiction over Securex.com? ROL: If a business does business in another state that satisfies the minimum contacts case, it is subject to the jurisdiction of that state. Conclusion: Judgment for the plaintiff (attendee at the Neil Young concert). It is clear that the minimum contacts test is satisfied when Simple sent his security force to the Neil Young concert which was taking place in the State of Washington. By availing itself of the privileges of doing business within the State of Washington, it is fair for courts in the state to impose their jurisdiction over Sucurex.com Issue: Did the State of North Carolina violate Simple’s First Amendment rights? ROL: The First Amendment prohibits governmental interference with freedom of expression as long as that speech is not fraudulent, treasonous, obscene, and does not violate a reasonable restriction on time, place or manner. To censor the content of expression the government has to show that the censorship was the for the purpose of promoting a compelling state objective, actually promotes the compelling state objective, and is not overly broad. Conclusion: Judgment for Simple Simon and Securex.com. It is clear that the State of North Carolina is seeking to censor Simple Simon’s freedom of expression. This censorship is in violation of Simple’s First Amendment rights. There is no showing that the racist message that Simple is advertising at his web site is fraudulent, treasonous, obscene, violates a reasonable restriction on time, place or manner, or is required to promote a compelling state objective.