Using the Blog Rubric listed below for the specific grading criteria, complete the following:
It is often said the concept of "fiduciary" is at the heart of agency law. Research and define what it means to be a "fiduciary" or to possess a
"fiduciary duty." Identify and describe the five duties an agent is said to owe his principal. Give an example where you have seen or
experienced the concept of a fiduciary relationship in your own personal or business lives. Have you have been involved in a situation where
you felt a fiduciary duty had been breached? Were you correct, and if so, why?
1. Use the same blog you created in Week 3.
2. Post a new blog entry that addresses the information above.
3. In the Blackboard Discussion Boards>Week 5: Blog #2, create a thread titled with your first and last name, and post the link to your blog by Day 3.
4. Select a blog of one of your peers to review. Post your response to the Discussion Board thread (not the actual blog) by Day 7.
Support your thoughts using a minimum of two academic, peer-reviewed sources (outside the textbook). Websites such as Wikipedia,
LegalZoom, LegalMatch, Nolo, etc. do NOT count as academic sources. A good place to start is the Davenport University Library. Substantial blog
entries should contain at least 1200 words.
Dave is a driver for Empire Courier Service. Around the company, Dave is known as sort of a hothead. During his previous employment at another company, Dave had been involved in a workplace fistfight with a fellow employee, resulting in criminal charges.
One day, between deliveries and in a company vehicle, Dave decides to get lunch. While leaving the parking lot at Big Burrito Bistro, the favorite lunch spot for most Empire Courier employees, Dave negligently causes a car accident with another vehicle, resulting in injuries to Victor, the driver of the other car. As Dave and Victor are waiting on the side of the road for the police to arrive, Victor comments to Dave, “Oh, you drive for Empire Courier Service. It doesn’t surprise me that Empire hires bad drivers because their service stinks, and their prices are too high!” Dave is so offended that Victor would insult his employer’s professional reputation that he punches Victor in the face, causing Victor to suffer even more injuries. Empire Courier Service does not, as a matter of policy, do criminal background checks on its employees.
Within your paper, define agency and how an agency relationship is created. Identify the various types of agency relationships, and explain tort liability and how it relates to the agency relationship.
Then, considering the legal principles discussed in Chapter 20, explain who is liable for Dave’s negligence for causing the car accident, and explain who is liable for Dave’s intentional tort for punching Victor.
Provide your answers in a case analysis of at least two pages in length.
One source is required. Include an introduction in your paper. Adhere to APA Style when creating citations and references for this assignment.
ART I: Essay Questions (20 points each) Instructions: Answer any two of the following four questions. Each essay should include citations from course or independent materials. Failing to provide this information will lower your grade. Each answer should
ART I: Essay Questions (20 points each)
Instructions: Answer any two of the following four questions. Each essay should include citations from course or independent materials. Failing to provide this information will lower your grade. Each answer should be 2 – 3 pages in length. Please identify which questions you are answering.
Essay #1: Moral Exemplar
Describe a public sector moral exemplar in your own life. Why do you consider this individual to be a moral exemplar? Use Cooper’s discussion of exemplary public administrators to guide your answer.
Essay #2: Organizational Ethics
What do research findings say about the power of organizations to influence employee’s ethical decision making? How can organizations structure themselves to overcome these challenges? How can an organization promote ethical behavior? How can individuals encourage organizations to be places where ethical analysis drives behavior? Besides modeling, what can one person do?
Essay #3: Applied Ethics: Vermont State Code of Ethics
The State of Vermont does not have a Code of Ethics. The state recently organized the Vermont State Ethics Commission to create a Code of Ethics and is seeking public input on a draft code of ethics for elected and public officials. Unless you are a Vermont resident, it would not be appropriate to submit your input. However, it is interesting to see how these things develop. Take a look at the draft at the link below (about 7 pages long). Do you think the draft is sufficient? Is it thorough enough? What are its best points? What areas could be improved? Other suggestions?
Practicing ethical public administration entails many different behaviors both internally (within the organization) and externally (outside the organization). Elaborate on the ways that these internal and external factors impact ethical behavior. What steps that have been taken to curtail unethical behavior.
PART II: Case Study (15 points)
Instructions: Chose from one of the cases in the O’Leary book: Chapter 4, Chapter 5, or Chapter 6). Identify an ethical issue with this case study. Consider the competing obligations and responsibilities that these individuals faced and how they determined whether their actions were right. Think about the impact of guerrilla government on the political appointees, organization, and public policy. Your response should be about 2 – 3 pages long, identify the case study you chose, include a description of the ethical issue(s), an explanation of why you think the career employees were motivated to use guerilla tactics as a solution despite the risks to their careers, and whether their choice of guerilla action. Explain how these actions affected the organization and public policy. Conclude with an evaluation of the potential lessons for public administrators and the importance of these lessons. Include at least two citations beyond the O’Leary book to
Reform often leads to the creation an alternative solutions. In this assignment you will research a policy that has been revised and provide information about the policy and the steps that were taken to plan and implement the change.
Write a 1,050- to 1,400-word paper analyzing how a current criminal justice policy was developed as an alternative solution to its predecessor. Be sure to include the following:
