Business law | bmgt | University of Maryland University College

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PLEASE READ “INTRO TO 380” module in Content before proceeding with week 1 learning activities – this is essential.

Read in Content: Policies: Learning Activities & Discussions – Read Me!

General Instructions for Learning Activities

Read/watch all assigned materials listed for the week in the Course Content
Cite to assigned materials in all responses in Learning Activities
Use only assigned materials to complete Learning Activities; do not use internet unless otherwise instructed
Include in-text citations and a Reference List for in-text citations
Write in correct, complete sentences, in paragraph format unless otherwise instructed
Submit Learning Activities to Assignment Folder

Learning Activity: due 11:59 pm ET, Thursday

SUBMIT TO ASSIGNMENT FOLDER.

Background: TLG has explained to the GC owners that it is vital to understand the legal system and processes, including the court system and jurisdiction of the courts. This is especially important as GC plans to conduct business over the internet and thus, will have potential transactions throughout the U.S. and, possibly, globally.

For an in initial meeting between GC owners and TLG, Winnie and Ralph asked you to present an overview of the law and the legal system. You explained federalism, common law (see link in Overview), and the court system (see link in Overview in Saylor, Advanced Business Law and the Legal Environment).

In addition, your presentation discussed the nature of law and the legal process. Some of the points included in your presentation are:

(1) the primary purpose of law is to establish a set of rules and guidelines for Society to promote order and to create parameters for acceptable and prohibited behavior;

(2) laws are inevitably subject to interpretation and reinterpretation by courts;

(3) laws must be reasonably specific, and yet sufficiently general, with an inherent flexibility, to withstand the rigors of interpretation and the “test of time”;

(4) laws that strike a balance as described in (3) above, usually endure as relevant, applicable rules, even with societal changes and reinterpretations;

example: the U.S. Constitution has withstood the test of time, partly because of an inherent balance of specificity, generality, and flexibility

(5) laws are promulgated and interpreted by human beings, and thus, are imperfect;

(6) some laws have a worthy purpose, but are difficult to adequately enforce, i.e., speed limit laws;

(7) all laws are not necessarily ethical; some conduct can be legal, but considered unethical;

(8) U.S. law has a very dominant protective purpose – protecting all citizens, as well as providing special protections for certain groups of people, in certain circumstances, i.e., minors;

(9) fairness to all is a primary goal of law, but what is fair to one group may be unfair to another group; what is fair in one situation may be unfair in another situation – every right granted to an individual or group, to some extent, impinges on the rights of another individual or group;

(10) legislatures enacting laws, and courts interpreting laws, must weigh and balance the right(s) granted v. the rights restricted by a specific law to determine if the law is justifiable and fair – this weighing and balancing involves determining if there a compelling public interest or purpose for the law that justifies granting certain rights while restricting other rights;

example: highway speed limit laws protect everyone (drivers, passengers, and pedestrians), but also restrict the freedom of drivers to drive at a speed of their choice – on balance, the restriction is easily justified as there is an important purpose in protecting drivers, passengers, and pedestrians
example: laws that prohibit alcohol consumption/purchase by minors grant rights to those 21 years and older, and restrict rights of those under 21 years – on balance, Society, legislatures, and courts have determined this law is justified as Society has a strong public interest in protecting minors who may not have reached a level of maturity and judgment to handle the right to choose to consume/purchase alcohol

(11) the familiar symbol for law and the legal system is the Scale of Justice showing a blindfolded Lady that represents the weighing and balancing process necessary to balance rights v. restrictions granted and imposed by laws.

Instructions:

To explain constitutional law and how it might apply to GC operations and transactions, you decide to prepare a hypothetical example scenario and an accompanying analysis to present to GC owners.

Assume the scenario you prepared follows.

Hypothetical Example Scenario: EPI sells its green cleaning products to customers in most states. Its biggest product sales are in the Mid-Atlantic states.

Recently, the Delaware legislature enacted a law banning all sales and importation of EPI’s “Brite Clean Floor Cleaner” until further notice. It was discovered that one of the ingredients, derived from corn, is contaminated and causes a quick-growing mold to spread on surfaces to which it is applied. The mold can be toxic for humans and can cause damage to floors.

EPI challenged the new law as unconstitutional.

Address the questions below.

1. Applying the doctrine of “police powers” (see link in Overview) derived from the 10th Amendment of the U.S. Constitution, analyze and discuss whether the Delaware court would likely uphold the Delaware law banning importation of EPI’s Brite Clean Floor Cleaner into the state and why or why not. Explain your conclusion in detail.

2. Create an original hypothetical scenario – in a business setting – of a constitutional state law limiting some business activity under the state’s police power.

explain why the example is constitutional

Format Instructions:

Prepare the analysis in a report, addressed to Winnie and Ralph, to be used in discussion with the GC owners.

The report should address the questions in the Instructions above. Label each question as 1., 2. Follow the format below.

REPORT

TO: Winnie James, Ralph Anders

FROM: (your name)

DATE:

RE: Constitutional Law and Business Regulation

_____________________________

Write in correct, complete sentences in paragraph format.

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July 1, 2023

Assignment: Disaster Planning for Public Health

By Day 7 of Week 5

Select a potential natural or man-made disaster that could happen in your community. Then, write a 3- to 4-page paper about the disaster from the community nurse’s perspective.

Section 1: The Disaster, Man-Made or Natural

What disasters may strike your community and why? For example, do you live in “Tornado Alley,” or has climate change resulted in unusual cold weather snaps or blizzards in your community? Are you located in a flood plain? Include possible diseases that may result from a natural disaster, such as tetanus or cholera.

Section 2: The Nursing Response

Formulate responses to the disaster, considering systems and community levels of intervention.
Review websites where a disaster plan may be available for the public, or if one is not currently available, call public health department to see if a disaster plan exists for your community and what the plan contains.
In addition to reviewing websites for information about your local disaster plan, you will need to locate best practice/evidence-based practice guidelines in professional literature to determine whether your community’s disaster plan is as sound as it might be or if there is room for improvement.

Section 3: Is My Community Prepared for a Disaster?

What conclusions can you draw about your community’s preparedness plan from having completed this evaluation?

Week 4: Evidence-Based Practice in Disaster Planning: Nurses as Leaders

Public health surveillance is one way that public health officials target intervention strategies (Turlock, 2016). Often, it is through prompt recognition of and reporting of incidents of communicable disease that a disaster can be averted (Turlock, 2016). Surveillance activities often prompt questions such as, What is causing the disease? How is it spreading? And who is at risk (Turlock, 2016)? While it is true that preparedness planning cannot eliminate all traces of threat to a community, planning assures that medical services and treatment are deployed in an effective, efficient, and rapid manner (Turlock, 2016). Public health plays a vital role in coordination of providers, assurance of supplies particularly when the Strategic National Stockpile pharmaceuticals and supplies are required, and mobilization of state and national response systems. Public health officials may also provide health care services when required (Turlock, 2016).
Stanhope (2016) noted that evidence-based practice (EBP) has become more important in health care for many reasons: increased expectations of consumers, increased availability of information through the Internet, increased accountability for results, health care economic changes, and growing numbers of lawsuits, among other reasons. EBP is a lifelong problem-solving approach that regularly produces excellent results and often provides the theoretical underpinnings for programs to mitigate problems in the community. Once programs are in place, evaluation of their effectiveness should be conducted to determine whether they are worth the continued expenditure of resources. Use of EBP is vital to assure safe outcomes for populations during disasters, such as massive communicable disease outbreaks, and should be the foundation of disaster-planning strategies.

Required Readings

Stanhope, M., & Lancaster, J. (2016). Public health nursing: Population-centered health care in the community (9th ed.). St. Louis, MO: Elsevier.

Chapter 15, “Evidence-Based Practice” (pp. 342–354)
Chapter 23, “Public Health Nursing Practice and the Disaster Management Cycle” (pp. 503–528)
Chapter 24, “Public Health Surveillance and Outbreak Investigation” (pp. 529–544)
Chapter 25, “Program Management” (pp. 545–567)

Required Media

Laureate Education (Producer). (2009a). Family, community and population-based care: Emergency preparedness and disaster response in community health nursing [Video file]. Baltimore, MD: Author.
TED. (2012). How to step up in the face of disaster [Video file]. Retrieved from https://www.ted.com/talks/caitria_and_morgan_o_neill_how_to_step_up_in_the_face_of_disaster
This Ted Talk describes the actions of two sisters who step up as leaders during a tornado disaster in their community.

July 1, 2023

Assignment: Disaster Planning for Public Health

By Day 7 of Week 5

Select a potential natural or man-made disaster that could happen in your community. Then, write a 3- to 4-page paper about the disaster from the community nurse’s perspective.

Section 1: The Disaster, Man-Made or Natural

What disasters may strike your community and why? For example, do you live in “Tornado Alley,” or has climate change resulted in unusual cold weather snaps or blizzards in your community? Are you located in a flood plain? Include possible diseases that may result from a natural disaster, such as tetanus or cholera.

Section 2: The Nursing Response

Formulate responses to the disaster, considering systems and community levels of intervention.
Review websites where a disaster plan may be available for the public, or if one is not currently available, call public health department to see if a disaster plan exists for your community and what the plan contains.
In addition to reviewing websites for information about your local disaster plan, you will need to locate best practice/evidence-based practice guidelines in professional literature to determine whether your community’s disaster plan is as sound as it might be or if there is room for improvement.

Section 3: Is My Community Prepared for a Disaster?

What conclusions can you draw about your community’s preparedness plan from having completed this evaluation?

Week 4: Evidence-Based Practice in Disaster Planning: Nurses as Leaders

Public health surveillance is one way that public health officials target intervention strategies (Turlock, 2016). Often, it is through prompt recognition of and reporting of incidents of communicable disease that a disaster can be averted (Turlock, 2016). Surveillance activities often prompt questions such as, What is causing the disease? How is it spreading? And who is at risk (Turlock, 2016)? While it is true that preparedness planning cannot eliminate all traces of threat to a community, planning assures that medical services and treatment are deployed in an effective, efficient, and rapid manner (Turlock, 2016). Public health plays a vital role in coordination of providers, assurance of supplies particularly when the Strategic National Stockpile pharmaceuticals and supplies are required, and mobilization of state and national response systems. Public health officials may also provide health care services when required (Turlock, 2016).
Stanhope (2016) noted that evidence-based practice (EBP) has become more important in health care for many reasons: increased expectations of consumers, increased availability of information through the Internet, increased accountability for results, health care economic changes, and growing numbers of lawsuits, among other reasons. EBP is a lifelong problem-solving approach that regularly produces excellent results and often provides the theoretical underpinnings for programs to mitigate problems in the community. Once programs are in place, evaluation of their effectiveness should be conducted to determine whether they are worth the continued expenditure of resources. Use of EBP is vital to assure safe outcomes for populations during disasters, such as massive communicable disease outbreaks, and should be the foundation of disaster-planning strategies.

Required Readings

Stanhope, M., & Lancaster, J. (2016). Public health nursing: Population-centered health care in the community (9th ed.). St. Louis, MO: Elsevier.

Chapter 15, “Evidence-Based Practice” (pp. 342–354)
Chapter 23, “Public Health Nursing Practice and the Disaster Management Cycle” (pp. 503–528)
Chapter 24, “Public Health Surveillance and Outbreak Investigation” (pp. 529–544)
Chapter 25, “Program Management” (pp. 545–567)

Required Media

Laureate Education (Producer). (2009a). Family, community and population-based care: Emergency preparedness and disaster response in community health nursing [Video file]. Baltimore, MD: Author.
TED. (2012). How to step up in the face of disaster [Video file]. Retrieved from https://www.ted.com/talks/caitria_and_morgan_o_neill_how_to_step_up_in_the_face_of_disaster
This Ted Talk describes the actions of two sisters who step up as leaders during a tornado disaster in their community.

July 1, 2023

Assignment: Disaster Planning for Public Health

By Day 7 of Week 5

Select a potential natural or man-made disaster that could happen in your community. Then, write a 3- to 4-page paper about the disaster from the community nurse’s perspective.

Section 1: The Disaster, Man-Made or Natural

What disasters may strike your community and why? For example, do you live in “Tornado Alley,” or has climate change resulted in unusual cold weather snaps or blizzards in your community? Are you located in a flood plain? Include possible diseases that may result from a natural disaster, such as tetanus or cholera.

Section 2: The Nursing Response

Formulate responses to the disaster, considering systems and community levels of intervention.
Review websites where a disaster plan may be available for the public, or if one is not currently available, call public health department to see if a disaster plan exists for your community and what the plan contains.
In addition to reviewing websites for information about your local disaster plan, you will need to locate best practice/evidence-based practice guidelines in professional literature to determine whether your community’s disaster plan is as sound as it might be or if there is room for improvement.

Section 3: Is My Community Prepared for a Disaster?

What conclusions can you draw about your community’s preparedness plan from having completed this evaluation?

Week 4: Evidence-Based Practice in Disaster Planning: Nurses as Leaders

Public health surveillance is one way that public health officials target intervention strategies (Turlock, 2016). Often, it is through prompt recognition of and reporting of incidents of communicable disease that a disaster can be averted (Turlock, 2016). Surveillance activities often prompt questions such as, What is causing the disease? How is it spreading? And who is at risk (Turlock, 2016)? While it is true that preparedness planning cannot eliminate all traces of threat to a community, planning assures that medical services and treatment are deployed in an effective, efficient, and rapid manner (Turlock, 2016). Public health plays a vital role in coordination of providers, assurance of supplies particularly when the Strategic National Stockpile pharmaceuticals and supplies are required, and mobilization of state and national response systems. Public health officials may also provide health care services when required (Turlock, 2016).
Stanhope (2016) noted that evidence-based practice (EBP) has become more important in health care for many reasons: increased expectations of consumers, increased availability of information through the Internet, increased accountability for results, health care economic changes, and growing numbers of lawsuits, among other reasons. EBP is a lifelong problem-solving approach that regularly produces excellent results and often provides the theoretical underpinnings for programs to mitigate problems in the community. Once programs are in place, evaluation of their effectiveness should be conducted to determine whether they are worth the continued expenditure of resources. Use of EBP is vital to assure safe outcomes for populations during disasters, such as massive communicable disease outbreaks, and should be the foundation of disaster-planning strategies.

Required Readings

Stanhope, M., & Lancaster, J. (2016). Public health nursing: Population-centered health care in the community (9th ed.). St. Louis, MO: Elsevier.

Chapter 15, “Evidence-Based Practice” (pp. 342–354)
Chapter 23, “Public Health Nursing Practice and the Disaster Management Cycle” (pp. 503–528)
Chapter 24, “Public Health Surveillance and Outbreak Investigation” (pp. 529–544)
Chapter 25, “Program Management” (pp. 545–567)

Required Media

Laureate Education (Producer). (2009a). Family, community and population-based care: Emergency preparedness and disaster response in community health nursing [Video file]. Baltimore, MD: Author.
TED. (2012). How to step up in the face of disaster [Video file]. Retrieved from https://www.ted.com/talks/caitria_and_morgan_o_neill_how_to_step_up_in_the_face_of_disaster
This Ted Talk describes the actions of two sisters who step up as leaders during a tornado disaster in their community.

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