Legal Considerations in Business Problem Solving

Step 1: Understanding the Legal Issues

You as management of the organization need to determine the nature and significance of the problem and assess the legal issues involved. It is only with a good understanding of the legalities surrounding the problem that you can recommend a business solution. Although this is an individual assignment, you will be placed in a group with your fellow classmates. This will allow you to know who is working on the same case as you (as there are three different ones) as well as a place to dialogue and ask questions if you need to. You will see this under the Discussions tab. Please feel free to use this forum share and converse. You cannot copy the work of others but if you are stuck reach out to a classmate to help brainstorm. In the real work we always reach out to our colleagues in difficult situations. I want you to feel you can consult with your classmates but your work has be written in your own words. ANY evidence of plagiarism will lead to a zero mark and you will be forwarded to the Dean for review. Step 1: As you work through your case a solution that ignores the legal issues will not be acceptable under any circumstances. It is suggested that you first get a clear grasp of the facts, determining precisely and what happened. In the process it may also be important to predict what is likely to happen. Next, based on that examination of the facts, and predictions as to the future, you must determine the legal issues involved. Depending on the case, the law surrounding the facts may be clear or ambiguous (uncertain, one of those areas of the law where a court’s decision could go either way). This should form part of the evaluation and be taken into consideration in assessing the risk. Step 2: The next stage is to assess the impact or likely impact on the firm. This means to look at what would likely to happen if the matter were to go to court; what decision is likely to take place and what the damages or other remedy might be. Risk must be assessed. You should consider the business risk involved. The following questions should be considered when approaching your case: In addition there may be other specific questions that are attached to the individual case. • What are the legal issues that arise in this problem? • Why are they important? • What are the applicable legal rules? • Is there a clear answer as to the operation of the law? • If not, what are the potential legal outcomes and which is most likely? • What is the objective or purpose behind the rules being applied? • Will the purpose or objective behind the rule being applied likely affect the outcome of a court action? • What effect can these outcomes have on the business involved? • What is the best course of action for the business? (Why?) • Discuss the potential impact of the various possible courses of action that can be taken on the business. • What should have been done (if anything) to avoid this problem in the first place? (risk analysis) • What steps (if any) should be taken to avoid similar problems in the future? (risk avoidance) FORMAT: • Essay style format that highlights your academic writing skills. This includes introduction, a conclusion, and no bullets or point form responses  • APA Referencing. If you do not know how to do APA I recommend you go visit student support services. • Academic thought and critical insight considering all the questions.