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How is it that case law can become a mandatory authority? We know that each court decision that becomes case law is made by judges who compare the facts of the case with their interpretation of the law. Consider the application of case law and then respond to the following question in your initial post: Does it make a difference if the facts surrounding a case are considerably different from an interpretation of the law? Explain your response and provide specific examples from the research.

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Joshua Stredder
Joshua StredderLv10
28 Sep 2019

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Related questions

Please respond to my post and let me know what you think.

Q: Assume that you recently made a purchase on Amazon.com. The next time you go to purchase this item, let’s say you find out that the price has increased by X dollars. How would you respond to this price increase? Would you say this item is Relatively Elastic, Relatively Inelastic, or Unitary Elastic? Explain using the Determinants of thePrice Elasticity of Demand (see page 83). Think about how the increasing popularity of shopping online impacts your response.

A: I recently purchased supplies for my job, and I only purchased these items because of the prices that were offered and speed of delivery. The items I purchased are elastic and can be substituted, were complementary toward the first good purchased. I would almost guarantee that 90% of Amazon items are elastic. Only because people purchase from Amazon due to price shopping, whether it is savings on shipping, savings on speed of delivery, saving on gas to purchase online, savings on time spent shopping and more. We would want to think people online are comparing prices to other online retailers and if the same item is sold at a different online retailer they would make a wise choice to purchase that item there. I believe online shopping has became a shopping choice due to easier shopping, and comparing prices to get the best deal. So, if I shop online and its so easy to compare prices, and I noticed the price increased I would look into a substitution. Most items are in multiple brands, colors, etc. that would help customers have more choices. More choice the more elastic. Items such as gas, water or medicine are more inelastic. These necessities are important to the consumer that if the price went up, we will still consume it. I do agree that income does make a difference, because someone who wants to spend high dollar on an item they can get cheaper or substitute makes that item less elastic. So there are multiple determinants that can effect the elasticity.

***Need response by Friday evening or Saturday at the latest!!! These are the details. That's all the instructions that came with the assignment. I'm not sure what else to post. I've got several responses requesting for details. This is it! I need the number portion completed where it says assignment. Please and thank you! This is my 4th time posting. No one has helped me. I followed all the 2 suggestions from the previous folks who offered pointers and still nothing. Someone please help! :(

Overview of the module requires that you run a simulation over an 18-year period, and that you analyze the outcome of the decisions you make at each decision point. In this course, we will be using the MIT Solar Power Pricing Simulation. Read the following introduction to the SunPower case: The Industry Evolution Management Flight Simulator portrays the growth and competition of firms as an industry evolves. Playing the role of chief executive for one of the firms in the industry, you make key decisions involving pricing, investment and marketing in order to succeed in the marketplace. This version of the simulator has been customized to portray the solar power industry, specifically SunPower and other manufacturers of photovoltaic panels (PVs). While historically the cost of electricity from PV panels has limited them to niche applications, there is massive potential for growth in the market if solar power could become a viable alternative to traditional sources of electricity. In the simulator, your job is to maximize SunPower's cumulative profit over a period of eighteen years. To do this, you make pricing and investment decisions each simulated time period. As a young company with a new innovation, you will start the game with a technology that you hope stays proprietary. In theory you can reap the benefits of technological advancements from the rest of the industry while spreading your advancements to them. In addition, you (or your administrator) have the option of setting several other competitive and market scenarios, including the sources and rates of learning, the strength of knowledge spillovers, entry of new competitors, and external incentives that help to drive consumers towards using solar power. You will receive periodic reports including your income statement and industry data. You need to select your strategies based on those reports, your understanding of the underlying industry structure, and your best judgment about how your competitor and customers may respond. Though the model has been carefully calibrated and tested, it is not designed to predict the future or exactly match the history and special circumstances of SunPower. Rather, it is used to illustrate competitive dynamics important not only in the photovoltaic panel industry but in other contexts you may face. Instead of merely "beating the game," focus on understanding the underlying industry structure so you can develop robust, successful strategies. *** Source: Sterman, J. (2014). Eclipsing the competition: The Solar PV industry simulation. Forio. Retrieved on November 23, 2014 from http://forio.com/simulation/solar-test/index.htm#page=market_research Be sure to review the SunPower case study, as it will provide you with background and context for the simulation: http://forio.com/simulation/solar-test/downloads/SunPower-Henderson.pdf Then, visit the simulation here: http://forio.com/simulation/solar-test/index.htm#page=market_research At the landing page, click on “Play as an INDIVIDUAL.” Then, choose a Screen ID and click “Submit.” Familiarize yourself with the simulation. This will require that you get an in-depth understanding of the terminology used in the simulation, as well as the pricing and cost structure of the product. As you begin this simulation (Year 1), your market share is only 2.40%. Your role with the company is to expand your company’s market share over the multi-year period of operations – while recognizing the highest possible cumulative profit. To do this, you must make favorable pricing decisions, and you must ensure that you are improving your product while simultaneously lowering unit costs. Product improvements are determined by the % of revenue allocated to process improvement (i.e., technological advancement = lower unit costs).

**Helpful link: Should you need to brush up on financial analysis, the following presentation provides a very good overview of financial statement analysis: http://vrpacioli.loyola.edu/ac102/chapter17/chapter17.ppt

**This is the piece below I need help with! Not the paper just the number portion of this assignment.

**Assignment Run the simulation, entering the following data into the simulation for each of four decision points (NOTE: Do not change the assumptions displayed in the “Settings” tab): 1) Decision 1: For Years 2008-2012

a) Pricing – Manual

b) Module Price - $0.15

c) Revenue to Process Improvement – 5%

d) Years to Advance – 5 years

2) Decision 2: For Years 2013-2017

a) Pricing – Manual

b) Module Price - $0.13

c) Revenue to Process Improvement – 5%

d) Years to Advance – 5 years 3) Decision

3: For Years 2018-2022

a) Pricing – Manual

b) Module Price - $0.11

c) Revenue to Process Improvement – 5%

d) Years to Advance – 5 years

4) Decision 4: For Years 2023-2025

a) Pricing – Manual

b) Module Price - $0.09

c) Revenue to Process Improvement – 5%

d) Years to Advance – To end At each of the four

(4) decision points above, you are required to analyze the impact of your Module Price on market share and total profits. You are also required to determine how process improvements reduce unit costs over time.

Instructions:

Be sure to copy tables and charts into your Word document to support your analysis. You may need to use Excel to edit the charts and tables.

This discussion involves a business ethics case that companies and boards of directors regularly face in conduction business.:

1. Identify the most important and ethical issues arising from the situation.

2. Identify the viable options for addressing these issues and the ethical implication of the identified options.

3. Reach a definite resolution of the ethical issues by choosing what you think is the best option.

4. Develop a strategy for implementing your resolution. Please cite your references.

Background

Paul Oliver, Sr., immigrated to the United States from Greece. After working for several wineries, he started Oliver Winery, Inc., which eventually found a market niche in non-varietal jug wines. Through mass-marketing techniques, the company established a substantial presence in this segment of the market. Ten years ago, Paul, Jr., joined the firm after receiving a degree in enology (the study of winemaking). He convinced his father of the desirability of entering a different segment of the wine market: premium varietals. To do this, the company needed a large infusion of capital to purchase appropriate vineyards. Reluctantly, Paul, Sr., agreed to take the company public. The initial public offering succeeded, and 40 percent of the company's stock went into outsiders' hands. Also, for the first time, outsiders served on the board of directors. Although Paul, Jr., wanted to use a new name for the premium varietal to appeal to a more upscale market, his father insisted on using the name, Oliver.

Board Meeting

The board of directors met, along with Janet Stabler, the director of marketing of Oliver Winery, Inc. The following directors were in attendance:

Paul Oliver, Sr., chairman of the board and founder of the company

Paul Oliver, Jr., CEO, has an advanced degree in enology

Cyrus Abbott, CFO, has an MBA

Arlene Dale, the comptroller, has a CPA with a master's degree in accounting

Raj Ray, COO, has a master's degree in industrial engineering

LaTasha Lane, vice president legal, has a J.D. degree

Elisabeth Constable, the union representative to the board, has a GED degree

Rev. John W. Calvin, the outside director, has a Doctor of Divinity degree

Carlos Menendez, the outside director, has an MFA degree

Oliver, Sr.:

The next item on the agenda is a proposal to develop a new line of wines. Janet Stabler will briefly present the proposal.

Stabler:

Thank you. The proposal is to enter the fortified wine market. It's the only type of wine in which unit sales are increasing. We'll make the wines cheaply and package them in pint bottles with screw-on caps. Our chief competitors are Canandaigua with Richard's Wild Irish Rose, Gallo with Thunderbird and Night Train Express, and Mogen David with MD 20/20. We'll market the wine with little or no media advertising by strategically sampling the product to targeted consumers. That's it in a nutshell.

Oliver, Sr.:

Any questions before we vote?

Menendez:

Who'll buy this wine?

Calvin:

From what I know about the consumers of your competitors, it appears to me that it's bought by homeless winos.

Stabler:

Not entirely. For example, pensioners on a fixed income would find the price of the wine appealing. Thunderbird has been recently introduced into England and has become very popular with the yuppie crowd.

Calvin:

Then why put it in pint bottles?

Stabler:

For the convenience of consumers.

Menendez:

Why would pensioners want a small bottle?

Calvin:

Homeless people want it in pints so they can fit it in their hip pockets. They obviously don't have a wine cellar to lay away their favorite bottles of Mad Dog.

Stabler:

The pint-size also keeps the price as low as possible.

Calvin:

Translation: The homeless don't have to panhandle as long before they can make a purchase. Also, why would you increase the alcoholic content to 18 percent and make it so sweet if it weren't for the wino market?

Stabler:

Many people like sweet dessert wines and 18 percent are not that much more than other types of wines that have 12 percent alcohol.

Menendez:

Is it legal?

Lane:

Sure. We sell to the retailers. It may be against the law to sell to intoxicated persons, but that's the retailers' business. We cannot control what they do.

Calvin:

Isn't this product intended for a perpetually intoxicated audience that many people consider to be ill? Wouldn't we be taking advantage of their illness by selling highly sugared alcohol that suppresses their appetite? I've spoken to drinkers who claim to live on a gallon of this type of product a day.

Oliver, Jr.:

What will this do to our image? We're still trying to get our premium wines accepted.

Stabler:

Of course, we won't use Oliver's name on these wines. We will use another name.

Menendez:

Is it okay to do that?

Stabler:

Why not? Canandaigua, Gallo, and Mogen David all do the same thing. None of them put their corporate name on this low-end product.

Abbott:

We're getting away from the crux of the matter. Profit margins would be at least 10 percent higher on this line than our others. Moreover, unit sales might increase over time. Our other lines are stagnant or decreasing. The public shareholders are grousing.

Dale:

Not to mention that our stock options have become almost worthless. I'm only a few years from retirement. We need to increase the profitability of the company.

Ray:

Operationally, this proposal is a great fit. We can use the grapes we reject from the premium line. It will also insulate us from bad grape years because any grape will do for this wine. We can fill a lot of our unused capacity.

Constable:

And hire back some of the workers who were laid off!

Stabler:

It's a marketing dream. Just give out some samples to "bell cows."

Menendez:

What are bell cows?

Stabler:

Opinion leaders who will induce other consumers to switch to our brand.

Calvin:

Do you mean wino gurus?

Oliver, Sr.:

Look, if we don't do it, others will. In fact, they already have.

Abbott:

And they'll get richer, and we'll get poorer.

Lane:

Gallo pulled out of several of these skid-row markets as did Canandaigua. Little good it did. The alcoholics just switched to malt liquor, vodka, or anything they could get their hands on.

Dale:

I think our concern is misplaced. These people are the dregs of society. They contribute nothing.

Calvin:

They're human beings who need help. We're profiting off their misfortune and misery.

Oliver, Sr.:

We can take that up when we decide on what charities to support. Is anyone opposed to the proposal?

Calvin:

Is this a done deal? I believe we should contribute half of our profits from this product to support homeless shelters and other programs that benefit indigent and homeless people. If not, I must resign from this board.

Sources

Carrie Dolan, Gallo Conducts Test to Placate Critics of Its Cheap Wine, The Wall Street Journal, June 16, 1989, p. B3.

Frank J. Prial, Experiments by a Wine Maker Fails to Thwart Street Drunks, The New York Times, February 11, 1990, p. A29.

Alix M. Freedman, "Winos, and Thunderbird Are a Subject Gallo Doesn't Like to Discuss," Wall Street Journal, February 25, 1988, p. 1.

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