Discussion Questions

BUSI 301

CHOICE OF FORUM

In its user service agreement, Facebook includes a forum selection clause that requires users with legal disputes to file any lawsuits against Facebook in courts physically located near its northern California corporate headquarters. Review the discussion of this issue in your textbook (Legal Strategy 101, pp. 102-103); then, analyze the following questions:

• Is forum shopping ethical? What are you using as your ethical standard?
• Should courts enforce forum selection clauses in business-to-consumer contracts like the Facebook user agreement? Why or why not?
• Suppose Facebook did not have a forum selection clause in its user agreement. Would Facebook be subject to the jurisdiction of every state court in the United States, since it has millions of users in every U.S. state?

This assignment requires that you analyze both a legal concept (forum shopping) and its application in a business contract (forum selection clause). Read the course material and the assignment carefully, and do not confuse or conflate the two.

Title your thread “Ethical” or “Not Ethical” to identify your conclusion.

TO SUE OR NOT TO SUE

Case Study: Frederick is a student at Central Fictional State University (CFSU), and he has a great idea for a new business invention. Frederick’s invention and the business that he plans to found based on it will absolutely revolutionize the market and will make him very rich. He decides to share his idea with a few trusted professors, and he even uses the idea in a research project for one of his classes.

While Frederick is at home over summer break, he discovers, much to his dismay, that his professors have stolen his idea and have opened a business marketing his new invention. Frederick immediately seeks the advice of the local lawyer who has a reputation for being a “scorched-earth” litigator. He advises Frederick that he should sue “those professors for everything they’ve got.” Frederick, however, is not sure if he should file an aggressive lawsuit, or if there is a better way to proceed.

Frederick knows that your business recently completed mediation to settle a lawsuit filed by one of your suppliers. He comes to you for advice on how to proceed. What is your answer to Frederick? In your response, consider whether the decision to file suit or to proceed through some form of alternative dispute resolution is affected by the previous relationship with the professors (can/should you sue a friend, how will the decision impact an ongoing relationship, etc.). Also, what role could Frederick’s faith play in his decision?

Title your thread “Lawsuit” or “ADR” to reflect your conclusion.

Note that replies must be posted on different days. At least 1 of your replies must be to a person who has reached the conclusion opposite of your own thread.

Suggested Readings:

Szto, M. C. (2001). Lawyers as hired doves: Lessons from the Sermon on the Mount. Cumberland Law Review, 31, 27-46.

Proverbs 17:14, 20:3, 25:8–10; Matthew 5:25–26, 38–42; Matthew 18:15-17; 1 Corinthians 6:1–8 (For these passages, you should consult some trusted exegetical commentaries, many of which may be found on www.ccel.org.)

FORMING A BUSINESS

Peter and Andrew are brothers. Since childhood, they have wanted to convert a barn on their grandfather’s farm into a hunting and fishing lodge that would provide modest but comfortable accommodations for sportspersons using nearby recreational lands. Andrew has suggested that they bring his friend, Paul, into the business, as well. While Peter and Andrew would develop the property, Paul has experience in the hospitality industry and could manage the day-to-day operations. Peter and Andrew would also want to make the lodge available to local church groups for worship retreats. They haven’t yet discussed this with Paul, because they know he is not comfortable with most churches and their positions on social issues. The men are now discussing how to form the new business, and have narrowed their choices to a general partnership or a limited liability company (LLC). What would you advise, and why? Consider and discuss issues such as:

• What personal liability will the owners have for the obligations of the business (contracts, debts, lawsuit judgments, etc.)
• Should Paul be included as a co-owner, or in some other role? On what do you base that decision?
• How would contributions to the new business of skills, experience, labor, etc. be valued when determining percentages of ownership (i.e., how would you assign monetary value to them to calculate percentages of ownership) ?
• How would profits and losses be distributed?

Title your thread “General Partnership” or “LLC” to indicate your conclusion.

Suggested Reading:

2 Corinthians 6:14–18 (For this passage, you should consult some trusted exegetical commentaries, many of which may be found on www.ccel.org.)

BUSI 240

The Discussion Threads present an opportunity for you to evaluate yourself and your role within your organization. At the beginning of Module 2: Week 2 – Self-Concepts and Perceptions and Module 5: Week 5 – Foundation of Team Dynamics, you will complete multiple self-assessment activities and select one to discuss. You will be required to write a thread of at least 250 words on the self-assessment, complete with page references and specifics to document the response, and submit it to the corresponding Discussion Thread. Correct use of English and grammar are required. You will find the Self-Assessment Activities in Connect.

Additionally, you will be required to submit a substantive written reply of at least 100 words to at least 2 classmates’ Discussion Threads.

These are the activities you must complete. They are found at the end of the indicated chapter.

Discussion Thread: Self-Concept:

CHAPTER	SELF-ASSESSMENT ACTIVITY
2	Are You Introverted or Extraverted?
4	How Do You Cope With Stressful Situations?
5	How Strong Are Your Growth Needs?
7	What is your Preferred Decision-Making Style?

Discussion Thread: Team Dynamics:

CHAPTER	SELF-ASSESSMENT ACTIVITY
8	What Team Roles Do You Prefer?
9	Are You An Active Listener?
10	What’s Your Approach to Influencing Co-Workers?
11	What’s Your Preferred Conflict Handling Style?

To complete your thread:

1. Complete four self-assessments. Select one to discuss with the class.
2. Conduct a search through the Jerry Falwell Library to find and read 1 recent scholarly business article that relates to the self-assessment content.
3. Submit a thread that contains the following information in the following format, using the headers so that you ensure that all aspects of the assignment are completed as required. Failure to follow these instructions will result in a point deductions.
   1. Self-assessment: Give a brief explanation of the selected self-assessment and your results. The textbook should be used and cited for this portion of the assignment.
   2. Discussion: i. Give a brief discussion of how the article relates to
      the self-assessment and how you can use the self-assessment results to contribute
      to an organization. This gives you the opportunity to add value to the
      discussion by sharing your experiences, thoughts, and opinions. Draw your peers
      into discussion of topics by asking questions. This is the most important part
      of the thread. ii.
      Biblical Integration: Use at least one appropriate scripture
      verse or narrative from the Bible to support your discussion and use it in proper
      context. How can you apply Scripture to the assessment results?
   3. References:
      Each reference and article read must adhere to current APA edition format.
      Include the complete URL for the selected article (use a persistent link
      for articles from the Jerry
      Falwell Library). These do not count toward the 250-word requirement.