Post Your Introduction
Post a brief introduction in the discussion forum entitled “Post Your Introduction.” Identify and describe prior courses that you have taken that are related to law and/or ethics. Respond to three other students’ posts.
Respond to Rachel Brueggen post
Good Morning. My name is Rachel Brueggen. I am getting back into the MBA program after taking some time off. I am a Senior Compliance and Governance Analyst at an insurance company. My work responsibilities include testing and monitoring compliance risk and internal controls for our organization. In my role, I have the opportunity to see all aspects of the business and continually learn, which is my favorite part of the job. Throughout my career, I have worked in the Financial Services industry in places to include Fidelity Investments, JPMorgan, Western & Southern. I was also an internal auditor at Northern Kentucky University for eight years. I enjoy law, fraud, and ethics.
I have my B.S. in Political Science from Northern Kentucky University. I have an Associate in Risk Management from The Institutes Risk and Insurance Group. I have a CRMA (Certified Risk Management Associate) from the Institute of Internal Auditors. I am also a CCEP (Certified Compliance and Ethics Professional) from the Society of Corporate Compliance and Ethics and will be taking my final CIA (Certified Internal Auditor) exam in August. I am also very active in Toastmasters International, which I encourage everyone to check out. I am a lifelong learner and only wish I could get paid for being a student.
My husband and I have been married nineteen years and have four beautiful children. Victoria – 17, Stephen – 16, Sophia – 8 and Benjamin – 7. We also have one dog, Han Solo, who runs the house. We enjoy living in Northern Kentucky. There is so much to do in the Greater Cincinnati area, and fortunately, where we live in Kentucky, we can be in rolling hills of the city in a matter of minutes. I am a huge soccer fan. My EPL (English Premier League) team is Manchester United, and my MLS team is the new F.C. Cincinnati. There is nothing like experiencing a professional soccer match. If you ever get the chance to go to one, I recommend going to one.
I look forward to learning from each of you and getting to know you better on our journey.
Respond to Marissa Jones post
Greetings All,
My name is Marissa Jones and I am now in my third class of this journey of working on my Master’s degree. I currently hold a BA in Psychology with a minor in Business Administration and I work as a Human Resources Manager for a Public Charter School district here in San Antonio, TX. I am a mother to one son and two dogs, whom they all consume my world outside of work. We spend most of our weekends visiting my parents, swimming, going downtown to walk, and watching movies. I look forward to working towards a degree that will enable me in my career and my future. I have not taken many classes prior to this in regards to law but business ethics I have had many and also experienced many things in my career that has cross paths with ethics. I look forward to learning more about legal aspects of a business as this will benefit me in my career field. I have always been fond of the employment law and I know basics in regards to HR but I desire to know more and in depth. In my career field, there are many issues that arise and I look forward to learning anything that can benefit me to grow within my career field. I appreciate you taking the time to read my short introduction and hope to gain some helpful knowledge from this course and my fellow classmates.
Respond to Alexandria Noon post
Hello everyone, my name is Alex Noon and I live in rural Georgia. I have an undergraduate degree in design and am currently pursuing my Master’s in Marketing within Business Management. I am about half way through my scheduled program with Ashford and have learned a great deal in many areas since attending.
During my undergraduate and current degree seeking, I have not taken many, if any, legal or ethics classes. At the start of my Marketing course work, I took a class called ‘Organizational Behavior’ that discussed some simplified ethical principles as they relate to corporate management. In high school, I graduated with a Business Technical seal by completing all business courses available. Within these classes was a class on general business ethics.
Therefore, I have not had extensive study within the field of ethics, but feel I understand the concepts well. Understanding ethical and legal consequences and choices is a vital part of successful management and marketing practices, so I do plan to continue learning more about these concepts.
Discussion 1 Constitutional and Legal Underpinnings of Business Law
Review the Constitution in Appendix A and choose one of the following sections of the U.S. Constitution or a specified amendment to use as the basis for your initial response:
Any of Congress’s enumerated powers under Article I, Section 8
1st Amendment
4th Amendment
5th Amendment
14th Amendment
Identify the section of the Constitution or its amendment that you have chosen. Discuss how this section of the Constitution or its amendments both limit and protect business in general. Describe an example of how the section of the Constitution or its amendment that you have chosen could be applied to your professional life (past, present, or future). In your example, discuss whether the section of the Constitution you have chosen to address limits business or protects it.
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Review the initial posts made by your peers, and note whether the responses relied upon a different section of the Constitution or amendment than your response.
If your peer chose to focus on a different section of the Constitution or amendment than you did, discuss how that section of the Constitution relates to any example of a business situation from your professional life (past, present, or future).
If your peer chose to focus on the same section of the Constitution or amendment that you did, then compare and contrast the different applications of that section of the amendment to your respective examples from your own professional lives.
Suggest analytical differences that could lead to different outcomes. Point out ways in which the Constitution or its amendments might limit or protect business that your peer did not already identify.
Respond to Adreanna Reed post
The fourth Amendment is the section I chose to utilize as a reason for this dialog. In the fourth Amendment it states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and not Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Seaquist).” This amendment is critical for the privileges of us individuals to be free in our quest for joy. It additionally sets up severe basis that confines our legislature both nearby and government from pestering its very own people. Inasmuch as individuals and organizations proprietors are making the best choice and not doing anything illicit this amendment shields them from the government or administration coming in unannounced and taking what they need. Just as of late we are witnessing this in China where their administration has discharged their military to remove all international IDs from their people. Under the U.S. Constitution this could never occur without genuine reason and defense. This amendment will therefore enable organizations to ensure any search that has not adhered to legitimate procedures. It is significant that supporting and fitting actualities are given respects to the search by the government. This amendment causes the business to secure their protection against any nonsensical court orders. Organizations just needs to consent to the search if a reasonable justification or warrant has been issued to research in to the current issue. As a business owner the fourth amendment will assist me with protecting the security of my business and will possibly permit the investigation if a court order has been issued. This will absolutely assist me with protecting my business and my own life, just like the proprietor of the organization, every one of my subtleties will likewise be connected with the business.
Seaquist, G. (2012). Business law for managers (Links to an external site.) . San Diego, CA: Bridgepoint Education, Inc
Respond to Jessica Merola post
Identify the section of the Constitution or its amendment that you have chosen
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the Government for a redress of grievances.
Discuss how this section of the Constitution or its amendments both limit and protect a business in general
The 1st amendment protects businesses from the government punishing or censoring or oppressing your speech, however, it doesn’t apply to private organizations. Private organizations have the right to discipline their employees’ speech.
Describe an example of how the section of the Constitution or its amendment that you have chosen could be applied to your professional life (past, present, or future)
I have worked for both private companies and for the government. When it comes to the government everyone is protected by a union. It is hard for individuals to get fired for something that they may say or for religion. However in the private company that I worked for you could get let go for misspeaking to customers, and/or other employees. Private companies do not have unions that protect their employees and therefore each employee needs to be mindful of what they do and say.
Seaquist, Gwen. (2012) Business Law for Managers. Retrieved from
https://content.ashford.edu/books/AUBUS670.12.2/sections/copyright (Links to an external site.) .html
Discussion 2 Limited Liability Companies
When to form an LLC (Limited Liability Company) (Links to an external site.) discusses why the LLC is one of the most popular types of business entity. After reading the article and Chapter 30 of the textbook, compare an LLC with a C corporation and with an S corporation. If you were operating your own business, would you choose the LLC as the organizational form for your business? Explain your reasoning.
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Address students who made the same choice that you did regarding whether to choose the LLC as the organizational form for their business. Using the information from the course textbook and the article, play the role of devil’s advocate and argue why some other type of entity (C corporation, S corporation, or LLC) would be a better choice.
Respond to Shannon Anderson post
After reading the article and Chapter 30 of the textbook, compare an LLC with a C corporation and with an S corporation.
All organizational forms have advantages and disadvantages and the owner needs to determine what form would be most beneficial to them. When choosing to operate a business, it seems that the LLC is the most popular and stress-free option since it requires minimal paperwork and qualifications (Taulli, 2012). The LLC does not have restrictions on ownership and members do not have to be US citizens.
S & C corporations are made up of shareholders, officers, and directors. They both transfer ownership by selling shares and are required to follow corporate structures and formalities such as holding shareholder meetings, issuing stock, and annual report filing, adopting bylaws and paying the required annual state taxes for the corporation (Seaquist, 2012).
One of the differences between the S and C corporations are their tax structure and shareholder sizes. The C corporation is taxed twice; once at the corporate level and also at the shareholder level when the profits are distributed. The S corporation only pays taxes at the shareholder level the owner can use the company’s business losses as deductions on their personal taxes (Seaquist, 2012).
If you were operating your own business, would you choose the LLC as the organizational form for your business? Explain your reasoning.
If I were operating a business, I would choose an LLC as the organizational form as this type of ownership as it is usually taxed at a lower rate and does not require a formal management structure. Owners of an LLC’s personal assets are protected against company liabilities such as loans, legal judgments and accounts payable and removed an owner’s personal liability should the company go out of business (Taulli, 2016).
References
Seaquist, G. (2012). Business law for managers [Electronic version]. Retrieved from https://content.ashford.edu/ (Links to an external site.)
Taulli, T. (2016, July 24) When to form an LLC (Limited liability company) (Links to an external site.) . Forbes. Retrieved from http://www.forbes.com/sites/tomtaulli/2016/07/24/when-to-form-an-llc-limited-liability-company/#289ac1051307
Respond to Landon Scalercio post
Most brand new companies are choosing to start with an LLC because it’s the easiest start up, I will explain how so. An LLC is easy to create all you need to do is, “pay a fee, file the articles of organization (which is fairly easy to do and often is done online) and perhaps make annual filings (which are also fairly straightforward).” (Tom, Taulli.2019) With S corporation the startup paperwork is more advance inducing choosing how you want your business to be taxed. The LLC, s- corporation, and c- corporation are all limited liability so they are ether same in that aspect. The difference with the liability is that with an LLC the member is held liable, with the s and c corporation the shareholders are held liable. Administrative requirements do not exist in an LLC so there is another example how much easier it is to start one, both s and c corporation have administration requirements. Basically an LLC is the most simplest way to form a company, this doesn’t mean it’s the best form to start every company though.
When asking if I would prefer to start a business using an LLC or one of other resources it would all depend on what my business is. We know that is it very hard to get money from shareholders using an LLC because there is no structure for your investment. So If I owned a small buisness such as a mobile car tint service, I would choose an LLC. I don’t need any administrative help since the buisness is very simple, I would just need something to cover the basics. If my small buisness where to expand and I needed employees and locations then I would definitely not use an LLC. If I had my choice it would be a sole proprietorship. I know I would sacrifice when it comes to liability but this way I can have total control of my buisness and earn the most capital when comparing to the other cooperation’s.
Seaquist, G. (2012). Business law for managers [Electronic version]. Retrieved from https://content.ashford.edu (Links to an external site.) July 20, 2019.
Taulli, T. (2016) When to form an LLC (Limited liability company)? Retrieved from http://www.forbes.com/sites/tomtaulli/07/24/2016 July 20 (Links to an external site.), 2019.
