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BMGT 380 University of Maryland Legal Doctrine Under the Statute of Frauds Essay

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Instructions
PLEASE READ “INTRO TO 380” module in Content before proceeding with week 1 learning
activities – this is essential.
Read in Content, the module, “Policies: Learning Activities & Discussions – Read Me!” for
guidance on preparing outstanding Learning Activities.
General Instructions for Learning Activities


Read/watch all assigned materials listed for the week in Overview above
Cite to assigned materials in all responses in Learning Activities



Use only assigned materials to complete Learning Activities; do not use the 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
Review Content modules:



Writing Introductory Sentences and Paragraphs
Writing Concluding Paragraphs
How to Support Arguments and Positions
Tips for Formatting and Structuring Analysis:

Write in complete sentences in paragraph format.

Use in-text citations citing to relevant assignment materials.

Double space; 12-point Arial or Times Roman font.

Introductory Sentence: Begin with an introductory sentence or very brief paragraph that
states your conclusion to the questions asked.

Concluding Sentence: End the discussion with a concluding sentence or a very brief
paragraph that summarizes your conclusion/what you discussed.

Support Arguments and Positions:
Please refer to the module in Content, “How to Suppor
Arguments and Positions”.
Learning Activity: due 11:59 pm ET, Thursday
Background Facts You Need To Know: TLG has a new client, Clean-n-Shine (Clean), a
commercial cleaning company incorporated and located in Maryland, but doing business in all Mid Atlantic states. Clean uses its own line of cleaning products and also sells its products to other
businesses via the internet.
Recently, the Delaware legislature enacted a law banning all sales and importation, until further
notice, of Clean’s Shine It floor cleaner in Delaware. It was discovered that one of the ingredients in
Shine It, derived from corn, is contaminated and causes a quick-growing mold to spread on surface
to which it is applied. The mold can be toxic to humans and can cause damage to floors.
Clean wants to expand its products to sale ShineIt in Delaware. If Clean can sale share Shine it in
Delaware, it will increase its income and profits. Clean, therefore, wants to challenge the new law
as unconstitutional, and it has consulted TLG for advice.
Winnie and Ralph ask you to prepare a summary report of relevant constitutional law for a meeting
with them and Clean’s owners.
Instructions
Report You Need to Prepare: Prepare a report that addresses the following three questions:
1. Analyze and explain whether the Delaware restriction on the sale of Shine It violates the
Interstate Commerce Clause.
Fully explain your conclusions based on constitutional law.
2. Analyze whether the doctrine of “police powers” derived from the 10th Amendment of the
U.S. Constitution, applies to the Delaware law, and if so, why.
Fully explain your conclusions based on constitutional law
3. Discuss why it is important for businesses to understand the impact of the Interstate
Commerce Clause and state police powers.









Constitutional Power of Governments:
Review the U.S. Constitution, with particular attention on the Articles and the Bill of
Rights/First Ten Amendments.
The U.S. Constitution
Police Powers:
The U.S. Constitution grants authority and powers to the federal
government. Powers not specifically designated for the federal government are
reserved as powers for the individual states. So-called “police powers” are reserved
for the states.
Police Powers of States
Examples of Police Powers of States
Jurisdiction of Courts:
Jurisdiction, the authority of a court to hear a case, is an important legal concept for
business owners and managers to understand. Jurisdiction is increasingly complex
with the expansion of e-commerce and global business.
Jurisdiction: Definitions and Examples
Jurisdiction and Internet Sales
Alternative Dispute Resolution (ADR):
Traditionally, legal disputes were resolved in the courts, but legal alternatives for
resolving disputes outside the courtroom are increasingly popular. ADR is
appropriate for certain types of cases, e.g., disputes where there is a dispute of facts;
ADR is not appropriate for all disputes, e.g., a dispute involving a question of
constitutional law.
Alternative Dispute Resolution (ADR)
Assigned Materials to Read/Watch:
Instructor Notes (see link below Overview)
Week 1 Introduction (see link below Overview)
How to cite an e-textbook (see link below Overview)
Note: links to assigned materials are embedded in the hyperlinks below, unless
otherwise noted.
Saylor: Government Regulation and the Legal Environment of Business etextbook:
Chapter 1 – Introduction to Law and the Legal System
Chapter 3: Courts and the Legal Process
Chapter 4: Constitutional Law and U.S. Commerce
Civil v. Criminal Law

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