Description
1. For this assignment, you will write a paper in a Microsoft Word document. The length should be no more than five pages of content (quality versus quantity). Your paper should be written in APA style with appropriate references and bibliography. Titles pages and abstracts are not necessary.
A. Complete the assigned readings for this unit.
B. Review the following assigned case:
Am. Express Bank, FSB v. Voyksner, North Carolina Court of Appeals, COA 18-319, Dec. 18, 2018.
Found here: https://www.nccourts.gov/documents/opinions/am-express-bank-fsb-v-voyksner
A note about terminology: As you review the case, take note of all new vocabulary/terms that are unfamiliar. For instance, “jurisdiction” is a key term for this assignment and every assignment. It is important that you understand the depth and breadth of this term during Week 1. Each week you will be introduced to new terms within the reading. You should demonstrate your understanding of those terms in the written assignment (and discussion forum).
C. In a Microsoft Word document, completely evaluate the legal implications of the situation and decide upon some action for the company, or person, to adhere to the court ruling and to prevent it in the future. This is called a “business action plan”. Your final grade will include 10% credit for the action plan. If it is not included, you will not receive credit.
Conduct proper research to support your conclusions about the law to support your answer. Your paper MUST utilize ALL of the following headings, in order, for thoroughness and clarity:
Parties – Their names and status (plaintiff or defendant, appellee or appellant, petitioner or respondent), and any other parties that have a stake in the legal outcome or decision of the situation. You should provide an abbreviated reference to each party and provide the name association so that you can use it consistently moving forward, e.g. James Smith, Plaintiff (Smith).
Important Facts – Please note, this is not “all facts” from the reading; and, students should not simply copy/paste the facts from the reading. Instead, present the important facts that were relevant to the case in a clear, concise manner.
Legal Issues – A legal issue is a “legal question” that is being addressed. In some cases, there may be more than one legal issue. Identify and explain all of the legal issues associated with the assignment. This will include new terms or vocabulary that you learn.
Jurisdiction – What are the possible places that the identified legal issues could be resolved? This is addressed in the reading assignment for Unit 1. The court must always have “subject matter jurisdiction” and “personal jurisdiction.” Your goal is to understand how the court hearing the case (on appeal or below) had the power (i.e., the jurisdiction) to hear the case and render a ruling that is binding on the parties. To receive complete credit, a simple statement about jurisdiction is not acceptable, e.g., “North Carolina has jurisdiction.” A better answer explains why the court has jurisdiction, e.g., “The North Carolina state courts have jurisdiction over the subject matter because it involves a transaction that occurred within the geographic boundary of the state; and, the North Carolina courts have personal jurisdiction over the person of the plaintiff because he is a resident of the state of North Carolina. Personal jurisdiction over the defendant applies because of the long-arm statute which states . . . .”
Legal Analysis – First, identify the laws (meaning statutes, rules, administrative guidelines, contract terms, etc.) that dictate the legal approach to the important facts. These are the laws that are used in answering the legal issue. (Hint: There may be numerous laws referenced in the reading. A “laundry list” of all laws is not required and does not warrant any credit.) Second, apply the laws to the important facts (this is called “legal analysis”) and explain why the laws are relevant to the important facts and the legal outcome for each identified interested party.
Business Action Plan – What business action should the party take based upon your legal analysis to avoid this scenario in the future? Specifically cite the areas of precedent that support your decision. Completely evaluate the legal implications of the situation and decide upon some action for the party to adhere to the court ruling and to prevent it in the future. This is called a “business action plan.” Your final grade will include 10% credit for the business action plan. If it is not included, you will not receive credit. Use the format in the link below (copy and paste into your browser if the link is broken)
https://www.bdc.ca/en/articles-tools/business-strategy-planning/define-strategy/pages/7-steps-create-action-plan-business-strategy.aspx
All of the following actions MUST BE discussed: UPDATED*
1. Identify and involve your team
2. List actions to be taken by each specific team member
3. Set a timeline for each of the actions taken
4. Designate resources needed for each action
5. Establish a follow-up and measurement process for each action and the overall plan
6. Communicate the plan methodology
7. Keeping the plan alive
* this works well in a chart!
Change the Law/Precedent – Make a recommendation as to how/whether the law should be changed to address the issues more effectively or more beneficially to your chosen party.
For complete credit, identify the area of the law/precedent that needs to be changed and explain how it should be changed. If it is your position that the law/precedent should not be changed, you still must include discussion to support your position; explain why the law/precedent is adequate and should not be changed.