Study Notes for Business Ethics

Topics: Property, Property law, Law Pages: 3 (764 words) Published: April 6, 2013
Discussion Board 3 Reply
Liberty University/ Business 561
Responding to Legal Issues in Business
In responding to Mr. Alan Geason’s paper titled: “Legal Issues in Business,” I agree with the legal issues that was presented as well as the biblical reflections as referenced to Job and suffering. Even though Barney has been dealt with some unfortunate circumstances, there is something redemptive with overcoming and persevering through obstacles. For Barney, he is faced with legal issues involving his mountain home property, his beach house, and his 1963 Ford Galaxy vehicle. The Mountain Home

In the case of Barney and his mountainside property, the issue of joint tenancy with right of survivorship is rightly addressed. Joint tenancy with right of survivorship defined is: “A method of property ownership by more than one person. Under joint tenancy with right of survivorship, when one of the owners dies, the property passes to the surviving owners” (Webster’s New World Finance and Investment Dictionary, 2003). So it is clear that Opie by definition does not have a claim or right to the property at the passing of his father, Andy. “A large number of joint tenants select the tenancy precisely because of the high degree of assurance that there will be no entanglement with probate” (Orth, 2009). Mr. Geason also gives wonderful reason in not pursuing any legal action against Ernest living on the property because of adverse possession. “Most states provide that when a person openly treats realty as his or her own, without protest or permission from the real owner, for a statutorily established period of time, ownership is automatically vested in that person” (Kubasek, Brennan, and Browne, 2012). The Beach House

Mr. Geason is right in bringing up the eminent domain as a legal way to seize Barney’s home property. Mr. Geason cited the famous case of Kelo v. New London. In this case, the Supreme Court in 2005 sided with the city of New London in seizing private...
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