PLEASE READ “essential information about this course” before proceeding – this is essential.
General Instructions for Learning Activities
Read/watch all assigned materials listed for the week in Overview above
Use only assigned materials to complete Learning Activities; please do not use the internet unless otherwise instructed
Include in-text citations and a Reference List for in-text citations in APA format
Write in correct, complete sentences, in paragraph format unless otherwise instructed
Refer to course materials, cases, and/or statutes to support conclusions in discussion postings.
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- Use in text citations and a References list for Part 1 using APA format
- Please do not use any direct quotations; summarize/paraphrase information from all resources as this demonstrates understanding of the information and its application
Introductory Sentence: Begin with an introductory sentence or brief paragraph that states your conclusion to the questions asked (Please read writing introductory sentences)
Concluding Sentence: End the discussion with a concluding sentence or a brief paragraph that summarizes your conclusion/what you discussed (Please read writing concluding sentences)
Support Arguments and Positions: Please refer to the module in Content, “How to Support Arguments and Positions” (Please read writing supporting argument)
Support all conclusions in detail, specifically, in depth, and with reference to relevant assigned course materials using APA citation format
Label all parts of assignment
Use correct, complete sentences in paragraph format
Submit Learning Activities to Assignment Folder
Review Content modules:
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- Writing Introductory Sentences and Paragraphs
- Writing Concluding Paragraphs
- How to Support Arguments and Positions
Part 1
Background Facts You Need To Know:
Viral Clean (Clean) is incorporated and located in Maryland, but it engages in business in all Mid-Atlantic states. Clean uses its line of disinfectant and cleaning products, and it also sells its products to other companies via the internet.
Recently, the Delaware legislature enacted a law banning all sales and importation, until further notice, of Clean’s Shine-It surface cleaner in Delaware, The Delaware Attorney General’s Office investigated consumer complaints. It discovered that one of the ingredients in Shine-It is contaminated and causes a quick-growing mold to spread on surfaces to which it is applied. The mold can be toxic to humans and can cause damage to surfaces.
Clean wants to continue selling Shine-It in Delaware. If Clean can sell Shine-It in Delaware, it will increase its income and profits. Clean, therefore, intends 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:
- 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.
- Analyze whether the doctrine of “police powers” derived from the 10th Amendment of the U.S. Constitution applies to the Delaware law.
Fully explain your conclusions based on constitutional law.
- Discuss why it is essential for businesses to understand the impact of the Interstate Commerce Clause and state police powers.
Part 2
Background/Facts: Determining jurisdiction in the courts can be confusing and complicated, but it is an important legal doctrine that businesses cannot ignore. Jurisdiction can affect business operations and determine business decisions, such as where the business is located and where and how to advertise and market the business. Where there are questions about possible jurisdiction in the courts, companies should consult an attorney.
TLG’s client, Clean, is facing other litigation and needs advice.
Clean is located in Maryland, but it advertises aggressively in all Mid-Atlantic States of Maryland, Delaware, Pennsylvania, West Virginia, and Virginia via the internet, social media, television, and mailings.
Recently Clean contracted with ABC Corporation (ABC), incorporated in Virginia, to clean ABC’s offices in Norfolk, Virginia. ABC paid for the cleaning and sanitizing services but later was dissatisfied with the services and sued Clean in Virginia to recover the cleaning costs. ABC is trying to decide whether it should file the case in Virginia or Maryland state court.
- Applying the concept of personal jurisdiction to the scenario facts, discuss why you agree or disagree that the Virginia court has personal jurisdiction over Clean.
- Applying the concept of personal jurisdiction to the scenario facts, discuss whether the Maryland court has personal jurisdiction over Clean.
