Securities violations are the subject of review and enforcement of the Securities and Exchange Commission

Securities violations are the subject of review and enforcement of the Securities and Exchange Commission

Quiz 1

FACTS FOR THIS DISCUSSION – DO NOT ADD OR ASSUME UNSTATED FACTS.

ASSUME THE FACTS OF THIS HYPOTHETICAL CAN BE PROVED IN COURT.

Victor Tremont has a classic muscle car that he fixed up and has enjoyed drag racing. He has kept it well maintained. Much as he loves the car, Victor finds himself in need of cash. He parks the car on his front yard, with a large sign on the windshield that says, “Cherry of a classic car, For Sale $4,900 or Best Offer. AS-IS.”

Gloria Goget drives by and sees the car. She is immediately enamored and stops to look at it. She is sure the car is worth more than the asking price. When she knocks on the front door, there is no response; she looks around, and decides nobody is home, so she takes her business card and on the back writes, ” I will pay you $5,500 cash for your classic car.” She signs her name, and dates it, including the time, and slips the card onto the windshield of the car under the wiper blade.

About a half hour later, Victor returns. He does not see Gloria’s card because he does not walk around and look at the car. A few minutes after he is home, his buddy, Levi Lord, pulls in to look at the car. Levi has always liked the car and has gone racing with Victor. Levi offers Victor $5,000 even for the car, and Victor accepts. The two men shake hands on the deal. Victor goes in the house to get the car title while Levi writes out a check to Victor for $5,000.

Victor comes out with the title in his hand. As Levi starts to hand him the check, Gloria pulls in. She has an envelope of $5,500 cash for the car. Victor says to Gloria,”sorry, but I have just sold the car to Levi here.” Gloria objects and says she already offered $5,500 earlier.

When Victor says, “No, you didn’t,” she marches him to the car and shows him her card.

“There is my offer, I already left you before. You weren’t home and now I have the money right here,” she said.

Victor turns to Levi, “Sorry, she did leave this offer, I’m going to sell it to her for more money.”

Levi objects, stating, “You just said you already sold it to ME. We shook hands on it. You cannot back out now just because some card was floating around no one knew about. She wasn’t even here! She’s a loser too late!”

While the three of them stand in the yard arguing, Jack Bucksworthy drives in the yard. He gets out of his Cadillac, looks at the muscle car, and moseys over to the three arguing people. He asks, “who owns that hot rod for sale?”

“I do,” says Victor.

“No, I do,” says Levi.

“It’s MY Car,” snaps Gloria.

“I’ll pay whichever of you, $8,000 for that car,” says Jack, “but only if the engine starts.”

Victor answers, “Of course it starts. I accept your offer.”

Levi hollers, “NO! That car is no longer for sale! I bought it! It’s mine! I’m not selling it!” (Waving the check in Victor’s face.)

Gloria stomps over to the muscle car, grabs the sign off it, and sits on the hood. “It’s my car. I was here before all of you and I have real money in hand.” she yells, waving her envelope over her head.

Victor says to Jack,” Pay no attention to them. I have the title — right here. My car. Let’s start the car.”

DISCUSSION PROMPT:

YOU BE THE JUDGE. DECIDE WHO GETS THE CAR.

USING THE ABOVE FACTS, DISCUSS AND ANSWER THE FOLLOWING:

  • identify the contract issues you see here.
  • Applying the principles of contract law, who gets the car, if anyone, and for how much? Explain your reasoning using the definitions and principles of contract provided in Lessons, required readings and any other research you do.
  • In terms of making an offer, what is the legal significance of Jack Bucksworthy’s statement, “only if the engine starts?”
  • Quiz:2

W5: DOES AMERICA STILL NEED AFFIRMATIVE ACTION?

Must post first.Background: Affirmative action was first instituted by President John F. Kennedy by an Executive Order signed on March 6, 1961. This initiated a requirement that federally funded contracts and programs actively engage plans for employing minorities. Affirmative action grew over time under subsequent Presidential orders and legislation to include women along with minorities for their active preferential placement in higher education enrollment as well as in employment. The purpose of affirmative action is to level the playing field for applicants by opening opportunity to classes of otherwise qualified individuals subjected to discrimination in hiring and education, due to a social legacy of racial, gender, and ethnic prejudice. Nearly 60 years since JFK’s Executive Order, many now argue that affirmative action has served its purpose and that its cumbersome administrative requirements are a burden that schools and employers no longer need to bear. Others argue that the deep prejudices underlying the purpose of affirmative action continue to plague American society and justify its continuing importance to promote and ensure diversity in society’s critical settings of education and workforce.LISTEN TO THE FOLLOWING PODCAST FOR PREPARING THIS DISCUSSION: Podcast: The Viability of Affirmative Action in 2020; Politics in the Workplace with Dr. Linda Ashar and Dr. Gary Deel.Also you can:Listen to the episode outside the classroom directly on APU Edge https://apuedge.com/podcast-the-viability-of-affirmative-action-in-2020/ .andListen on your mobile device by searching for “APU Politics in the Workplace” on your favorite podcast listening platform OR click to find this episode on Apple Podcasts | Spotify | Google Podcasts | Stitcher.Here is a PDF of the Podcast TranscriptDISCUSSION PROMPT:For your Discussion Essay: Take a Position For or Against Affirmative Action:

  • Research and summarize the essential requirements of affirmative action. Where, how, and why is it applied?
  • Consider the pros and cons of affirmative action based on your review of the required readings and your own research. Include case law in your analysis.
  • Take a position either pro or against continuation of affirmative action as a legal requirement of covered employers and universities. Present your position and discuss your reasons for your position. This should be more than just a personal opinion. Support your analysis with examples, which can include objective personal experience and observations.
  • In replies to each other in this Discussion, please pursue a respectful but robust debate on this topic. Do not simply seek out posts that agree with your view. Rather, engage the opposite.
  • Quiz:3
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  • W6: Securities: Spoofing and Insider Trading Must post first.SubscribeBackground: Securities violations are the subject of review and enforcement of the Securities and Exchange Commission (SEC), a federal agency. Two types of violations found in SEC cases are: (1) spoofing, and (2) insider trading.

DISCUSSION PROMPT:For this discussion, research further, either spoofing or insider trading SEC violations. Find and share a case example no more than 5 years old in SEC cases (do NOT use the spoofing case already cited in the above press release) that illustrates the practice you have selected. In your initial Discussion post cover the following in reporting the case:

  • Briefly explain spoofing or insider trading (whichever one you have chosen) and why it is illegal (e.g., effect on business, society);
  • What is the specific statute and/or regulation violated by this conduct?
  • Identify the SEC case you have selected and provide a link to the case;
  • Describe the violation illustrated by the case, e.g. Who are the parties? What did the violator(s) do that constituted spoofing or insider trading? Who was harmed by the violation?
  • What is the ethical framework you observe was followed by the violator(s) in committing the illegal conduct? (Explain.)
  • Explain how the case was resolved, e.g., What happened to the violator(s)? What were the penalties levied against the violator(s), if any?
  • Do you believe the result is a just resolution of the violation? Why or why not?
  • Share any other thoughts you have on this topic.

Locate SEC Cases. https://www.sec.gov/litigation/litreleases.htm

  • Quiz:4 What Is Your Ethical Framework? Must post first.Subscribe


  • PUTTING IT ALL TOGETHER!During this course you have reviewed many areas of law and various ethical frameworks and applied them to both real companies and hypothetical situations. These have illustrated the ethical challenges of doing business in today’s society in the U.S. and globally. Regardless of size, a business faces governmental regulations and a myriad of issues that are often in direct conflict with the notion of making a profit.You are engaged in obtaining an MBA. These are all real issues for your consideration in the future. DISCUSSION PROMPT:In this week’s Discussion:
    • Reflect on these business challenges and share what you believe to be the best ethical framework for a business operating in today’s world.
    • What is your recommendation for a business to be both ethical and successful?
    • How will your recommended framework work in decision making?
    • In response to each other, do not hesitate to ask questions. Use your discussion to further develop your thoughts.
    • In considering your answers to these questions, remember to use sources from your readings and other research that are relevant to and support your ideas.
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Requirements: 300 words each

Masters Business Law

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Securities violations

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