Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
BGEN 235 Montana State University The Court with Direct Jurisdiction QuestionsI’m working on a business law multi-part question and need a sample draft to help me understand better.
SCENARIO:
Marcus, feeling stressed out from work, decided to search for a meditation app for his phone that would help him relax during the day. One app, CalmDown, appeared to be promising. It didn’t have any reviews yet and looked to be a brand-new app, so he decided to try it out. He downloaded the app to his phone and opened it up. The first screen required he enter in his name and email address. At the very bottom of the screen it had some small writing, but Marcus didn’t notice it and hit the continue button.
Had Marcus clicked on the link at the bottom of the screen, he would have seen the following:
The second screen stated “Three-day trial version- Free! $59.99 annual fee thereafter.” Marcus was annoyed that the app would cost him almost $60 but figured he would set a reminder on his phone to cancel the app before the trial period expired so he wouldn’t get charged. Plus, he wanted to see the app in action. If it was actually worth the price, he wouldn’t mind paying the annual fee. He clicked “Continue” and put in his bank card information on the next screen. The following screen asked Marcus a series of questions about his stress level and what he felt caused stress in his life. He clicked “high” and “work” as the level and cause. He then completed the first CalmDown meditation in the app, but was not impressed with its functionality. Deciding he would cancel his subscription immediately, he went into the profile settings to try to find the cancel option but couldn’t. He searched every possible place on the app but didn’t see a way to cancel the subscription. Marcus decided to try to find the app’s developer through their website, but a quick search didn’t turn up anything. Already stressed and becoming more frustrated, Marcus decided to contact the app store. They informed him that he should be able to go into his app store account and cancel the subscription there. However, when Marcus went there, he didn’t see the app as an option or as a subscription. Thinking that maybe his subscription didn’t process, he just deleted the app from his phone.
Marcus didn’t give the app or the subscription any more thought, becoming increasingly more distracted by the amount of stress at work. Four months later, Marcus was looking at his bank account online and noticed it was lower than it should have been. He began reviewing the charges and noticed multiple charges for $59.99 to a merchant named “CDgotU.” He immediately remembered the app and contacted his bank to dispute the charges. His bank replied that due to the charges being debit withdraws he needed to dispute them within 2 days of being made. Moreover, if he had been diligent about watching his account, they could have put a block on the account and the remaining fraudulent charges would have been prevented. The bank representative also told him that he should try to get a refund from the company that charged him. After making his case with the bank representative for several hours about how he tried to cancel his subscription, he was unsuccessful. The bank’s representative was able to provide Marcus a phone number attached to the Merchant account, but when Marcus called the number it was disconnected. The bank could not provide him with any additional information such as a company address or website.
After more internet searching, Marcus saw a number of other complaints online about the app, and noticed it had been removed from the app store and was no longer available for download. Marcus decided to bring an action against the company for fraud, breach of contract, conversion, and several other claims in his home state of Vermont.
Discussion Questions
Answer each of the following questions in 3-5 sentences:
1. If a company develops an app for sale, should they be subject to the jurisdiction of every court across the country? Why or Why not?
2. If the small print at the bottom of the first screen stated, “By continuing to use this app, user agrees to abide by the terms of service provided at www.CD8765lkapp.com” (a website not easily found through an internet search and which contains nothing other than the terms) should Marcus or other users be held to those terms?
3. What benefits are there for a company that requires its customers to submit to arbitration agreements as opposed to litigation? What are the disadvantages?
4. Should the bank or the app store be required to do more due diligence on companies using their services to sell a product, limiting the offerings of companies who do not pass their screening, or should they only provide a platform for commerce to take place and allow the market to monitor companies?.Break into groups of 3 or more, with one person acting as a Judge. The remaining group members should be equally divided into two sides: one representing the company and one representing users such as Marcus. Using the information presented in the scenario, present arguments for why your side should prevail in a lawsuit brought by the company to compel arbitration. The Judge should make a final ruling based on the arguments.
Answer the following in 5-10 sentences.
The maker of the CalmDown app, 15-year-old Nuvua Adams, created it for a school entrepreneurship project and never expected that people would actually buy it. She didn’t know anything about the law and looked at the project as more of a 21st-century lemonade stand, where she might be able to earn a few dollars in addition to getting school credit. She wrote the terms of use, which seemed reasonable in her mind, but spent the majority of her time writing the code for the app. Is it reasonable to hold Nuvua to the same legal standards as a large company with millions of dollars in resources and entire legal departments committed to protecting the company? Has Nuvua met ethical and legal standards for the development and sale of a product to the public?
Answer the following in 5-10 sentences.
The maker of the CalmDown app, 15-year-old Nuvua Adams, created it for a school entrepreneurship project and never expected that people would actually buy it. She didn’t know anything about the law and looked at the project as more of a 21st century lemonade stand, where she might be able to earn a few dollars in addition to getting school credit. She wrote the terms of use, which seemed reasonable in her mind, but spent the majority of her time writing the code for the app. Is it reasonable to hold Nuvua to the same legal standards as a large company with millions of dollars in resources and entire legal departments committed to protecting the company? Has Nuvua met ethical and legal standards for the development and sale of a product to the public?
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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